gamigo AG (hereinafter “gamigo”) offers various online Games and other associated Services on the internet. These Services include, for example, the creation of a profile page, participation in forums, the introduction of media content such as images and texts and/or other Services. Participants in gamigo games and the users of the Services are hereinafter referred to as “Users”. Where the terms “Games” or “Services” are mentioned in these General Terms & Conditions, these refer to the Games and Services of gamigo.
1. Acceptance of the General Terms & Conditions and Amendment Thereof
1.1. gamigo grants access to and use of the websites and the online Games as well as the necessary access to and use of software for use on a personal computer on the basis of the following General Terms & Conditions.
1.2. The General Terms & Conditions may be downloaded to a personal computer or printed out.
1.3. gamigo provides Services to the Users of Games and Services exclusively on the basis of these General Terms & Conditions. The User´s own terms and conditions shall expressly not form part of the contract, except where gamigo has expressly agreed to this in writing.
1.4. gamigo reserves the right to alter or amend these General Terms & Conditions with future effect at any time, where this appears necessary (e.g. to alter Games, Services or to make modifications in keeping with the relevant legal framework, e.g. in the event of new legislation or rulings) and where such changes made in good faith do not disadvantage the User.
1.5. Alterations to the General Terms & Conditions shall be announced in suitable written form. Generally speaking, such announcements shall be in the form of publication on the websites of the Games operated by gamigo and/or the given Services, or by e-mail. Alterations to the General Terms & Conditions shall, wherever technically possible, be notified to the User in any event on his next log in subsequent to the alteration by means of a highlighted announcement.
1.6. After announcement and opportunity to take note, the User may appeal against the alteration(s) to the General Terms & Conditions within four (4) weeks. Where the User fails to appeal in writing against the altered General Terms & Conditions within four weeks after announcement and opportunity to take note, or where he continues to use the Games and/or Services, the altered or amended General Terms & Conditions shall be binding on him. Where the User appeals within the given deadline, both Parties shall be entitled to terminate the contract with notice of one month provided that there is no pre-existing right to immediate termination pursuant to No. 7 below. Until the termination of the contract, the original General Terms & Conditions shall apply. In this event, any advance payment for Services which extends beyond the period up to which the contract terminates shall be refunded pro rata to the User. No other claims on the part of the User shall be entertained.
1.7 When advising the User of the alteration to the General Terms & Conditions, gamigo shall draw the User´s special attention to the possibility of appeal and termination, and of the deadline and the legal consequences, in particular with regard to failure to appeal.
2. Object of the General Terms & Conditions and Remuneration
2.1. The following General Terms & Conditions regulate the use of the websites and the online Games. Use may be with personal computer on the internet via DSL or some other connection of equal value. These General Terms & Conditions do not regulate issues which may arise in connection with the websites, the online Games and the software of third parties (browser, access software), since these Services are not provided by gamigo.
2.2. Remuneration for the use of the websites and the online Games shall be based on the latest gamigo price list. gamigo is entitled to alter prices. The alteration of subscription prices shall be notified to the User by e-mail (for more details see subscription prices at No. 8.2 below). Alterations to subscription prices shall be deemed approved where the User does not appeal either partially or wholly in writing or by e-mail within four weeks of receipt of the written notice of the subscription price alteration. gamigo is obliged to advise the User of the e-mail of the consequences of failure to appeal.
3. Users, Minors
3.1. gamigo exclusively offers its Games and Services to consumers in the sense of Art. 13 of the German Civil Code (BGB). The use of gamigo´s Games and Services for pecuniary reward or any other commercial purpose is prohibited.
3.2. The Games and Services may be used by those individuals who at the time of registration have attained the age of 18 or whose legal representatives have given their consent to use. The Code of Conduct for individual games may foresee that individuals below a certain age may not be entitled to usage, even where their legal representatives have given their consent. On registering to use the Games and/or Services the User expressly confirms (i) that he is of age and legally competent and/or (ii) in the case of minors, approval by the legal representative is available. Prior to commencing usage, underage Users shall submit a consent from the legal representative either in writing or by e-mail.
4. Availability, Scope of Service, Definition of Terminology and Other Obligations of gamigo; Game Rules and Ban on Multi-Accounts
4.1. gamigo guarantees 90% (ninety per cent) average availability of the Games and Services. The exception to this shall be those times during which the online Games servers or the individual Games are not available on the internet for technical or other reasons for which gamigo is not responsible (force majeure, culpable action of third parties, etc.) and those times during which routine maintenance work is being carried out. gamigo may restrict access to the Services where the security of network operations or the maintenance of network integrity, in particular the avoidance of serious disturbance to the network, the software or the stored data, make this necessary.
4.2. gamigo makes the online Games available for the User´s use. Apart from the Games software and access to the website, the scope of use includes access to the online Games server. Details with regard to the free basic or test versions, to any cost implications above and beyond the basic and test versions, and to fee-based Premium Features are provided at No. 8 below.
4.3. Precise Game instructions are provided on the given website. The User obtains access to the Game by logging on with his user name and password.
4.4. The Games are intended to provide as many players as possible with entertainment for an extended period. As such, the Games and Services - as is the case with all online games - shall be updated, modified, expanded and altered at irregular intervals by gamigo. Accordingly, the User shall have the right to usage only in connection with a given Game and the given valid version of the Services. The User on the other hand shall have no right to assert the creation of a given condition.
4.5. With regard to the Services, gamigo shall make certain information available on the respective Games pages, and shall permit the Users, inter alia, to post information on the internet and create individual personal profiles which may be viewed by Games Users, Service Users and third parties.
4.6. By means of the online Games software, the User is enable to play online Games within the scope of existing technical and operating possibilities. The latest technical and material requirements, in particular the valid Code of Conduct may be seen on the websites of the individual online Games. In order to promote cooperative play, the observation of this Code of Conduct is essential. In participating, the User accepts the Services Code of Conduct and conditions of participation as binding.
4.7. In the case of individual Games, gamigo may make available a Service which simulates Game currencies within the given Game world. These simulated Game currencies do not represent real money. In particular, alteration to Games pursuant to No. 4.4 above may lead to the alteration of the usage potential of these Games currencies. gamigo distances itself from any exchange of these Games currencies into real money.
4.8. Within a Game world, gamigo may provide the User with a Service which allows him to purchase virtual goods with the simulated currency in that Game world or, as a Premium Feature, with real money. These virtual goods, which may be purchased within the Game worlds, are not “goods” or “property” in a legal sense. Where the User “buys” virtual goods from gamigo, the User does not become their owner. gamigo solely grants the User a limited licence to the goods which is specified in detail by gamigo, even where the terminology used is such that a different relationship may be inferred. Irrespective of any other agreements and rights, such a licence shall lapse where the Contract between the User and gamigo ends, and in particular where such Contract is terminated. Purchased items and non-existent Games currency shall also expire, unless otherwise expressly stated.
4.9. Unless some other meaning is created by the wording or context used, the term “to sell” in connection with the transfer of virtual goods and the simulated currency shall mean “the transfer of a licence right for the use of Games currency, the virtual goods, objects or other content to another User for which a consideration must be made and which is in accordance with these General Terms & Conditions”. Accordingly, “to buy” shall mean “the granting of a licence for the use of currency, virtual goods, objects or other contents in exchange for a consideration by another User, whereby the licence shall be in accordance with these General Terms & Conditions”. The terms “Buyer”, “Seller”, “Sale” and “Purchase” and similar terms shall be defined correspondingly.
4.10 The User may not transfer the Account to a third party. Equally, characters which the User has created during a Game may not be transferred to a third party. The licence for the use of Game currency and virtual goods (cf. Nos. 4.8 and 4.9 above) may only be transferred within the Game in accordance with its respective rules. In particular, transfer in exchange for pecuniary reward is not permitted. This applies, for example, to the sale or auctioning of Games currency or virtual goods.
4.11. The User is aware that part of the content on the Games pages and in the online Games has been created by the Users. The User is aware that gamigo and other Users retain rights to their respective content based on copyright law and other legal provisions and that these do not transfer to the User on registration or through use of gamigo. The User shall be responsible and liable for the violation of existing rights to such content.
4.12.The User may participate in the Games operated by gamigo with one Account only (“Ban on Multi-Accounts”). Further details are available in the Code of Conduct.
5. Conclusion of Contract
5.1. The Contract between gamigo and the User (hereinafter also “Games and/or Service Usage Contract”) shall be concluded as soon as gamigo has accepted the User´s application (made by using the foreseen input form).
5.2. Acceptance shall be made by sending a registration confirmation to the e-mail address provided by the User or by gamigo´s first performance.
5.3 gamigo shall immediately confirm receipt of the User´s application by sending an e-mail to the address provided by the User. The confirmation of receipt does not denote any acceptance of the User´s application. The confirmation of receipt may however be combined with the declaration of acceptance.
6. Right of Withdrawal
The User may withdraw from the Games and Service Usage Contract pursuant to No. 5.1 above and his order of Premium Features within two weeks in text form (e.g. letter, fax, e-mail) without stating reasons. The deadline commences with receipt of this instruction in written form, although not prior to conclusion of the Contract or before gamigo has fulfilled its information obligations pursuant to Art. 312c, para. 2, German Civil Code, Art. 1, paras, 1, 2 and 4, German Civil Code-InfoV (Decree on Obligation to Inform) and Art. 312e, para. 1, p. 1 German Civil Code, Art. 3 German Civil Code-InfoV. The timely dispatch of the withdrawal notice is adequate to ensure that the withdrawal deadline is met.
In the event of a withdrawal by e-mail, the name of the Game and, where appropriate, the given Premium Features and/or Services, together with the name of the User should be written in the subject line.
Consequences of Withdrawal
In the event of an effective withdrawal, mutually received considerations are to be returned and, where appropriate, any benefits acquired handed back. This means that previously paid remuneration may not be reimbursed in full where the User has already obtained benefits prior to giving notice of withdrawal.
Exclusion of Right to Withdraw
The right to withdraw shall lapse where Services offered by gamigo are at issue and gamigo has commenced the provision of the Services with the express approval of the User prior to the end of the withdrawal period or where the User has himself given a corresponding instruction. This circumstance shall be assumed where the User has already availed of the Game and/or the Premium Features and/or the Services.
End of Information on the Right to Withdraw
7. Term and Cancellation
7.1. Indefinite Term
The Contracts between the User and gamigo shall be concluded for an indefinite term except where otherwise agreed in a specific offer from gamigo. Where a limited term has not been agreed for the Game and/or Service Usage Contract, both Parties shall have the right to give notice with immediate effect at all times.
7.2. Defined Term
The term of the Game and/or Service Usage Contract shall be based on the User´s choice as specified in the foreseen input form of gamigo Account Systems. Where a defined term has been agreed for the Game and/or Service Usage Contract and/or for the Contract on the Use/Provision of Premium Features (see also No. 8.1.2 below), the following arrangements shall apply. The Game and/or Service Usage Contract and/or the Contract on the Use/Provision of Premium Features shall renew automatically for the same term. This shall not apply where the User has given two (2) weeks´ notice to the end of the given Contract term on the Game and/or Service Usage Contract and/or the Contract on the Use/Provision of Premium Features.
7.3. The right of both Parties to terminate without notice for justified cause remains unaffected by the above. Justified cause shall, in particular, be the violation of important provisions of the Usage Contract by the other Party, the opening of insolvency proceedings against the assets of the respective other Party and/or an application for the opening of insolvency proceedings or the rejection of such application owing to insufficient assets. Further reasons for which gamigo shall be entitled to terminate without notice on justified grounds shall include, but are not limited to, the following:
the User is in arrears with regard to remuneration owed for two successive invoice periods and/or has been in arrears for a period of longer than two invoice periods and owes a sum which corresponds to the average remuneration for two invoice periods, and fails to pay despite reminder.
the User culpably violates laws, the Code of Conduct and/or other usage rules for Services or No. 14 of these General Terms & Conditions and fails to desist from such violation despite warning; in the event of serious violations, no warning shall be required, where gamigo cannot be expected to uphold the Contract.
the User has not used his Account for three months despite warning.
In general, instances in which gamigo cannot be expected to uphold the Contract shall include, but are not limited to, the following:
the User violates criminal laws
the User transfers Accounts, Games currency or virtual goods in exchange for pecuniary reward (No. 4.10)
the User violates the ban on Multi-Accounts (see No. 4.11)
the User violates the ban on unauthorised scripts (see No. 15.1)
the User supplies false data when registering (registration form for User application, cf. No. 5.1) or when paying for Premium Features.
In the event that gamigo terminates a Contract on justified grounds it is entitled to demand 75% of the sum of all fees which the User would have had to have paid during the term of the Contract in the event that the Contract had been terminated with notice (for services not as yet provided by gamigo, in particular Premium Features already ordered). The User´s right to demonstrate that no loss or only minor loss has been incurred remains unaffected. Where the User has already received the performance to be provided by gamigo, he shall have no right to reimbursement. There shall in particular be no reimbursement for virtual items which the User has ordered from gamigo and has already received.
7.4. gamigo reserves the right, at its own discretion, to temporarily disable access to the online Game, in particular in the case of violation of the latest Code of Conduct. In this event fees already collected shall be refunded pro rata for the blocked Game time and/or will be offset against future fees. gamigo is however entitled to charge a handling fee for disabling the account and notification thereof. The cost of the handling fee is shown on the website of the given Game or Service. The User is in all events entitled to demonstrate that no loss has been incurred or that the loss incurred is significantly lower.
7.5 As long as the User is in arrears with payment, gamigo shall be entitled to suspend the corresponding performance.
8. Rate Scale, Payment Terms, Arrears
8.1. Online Games
8.1.1. Test or Basic Version
On principle, gamigo shall provide Game Users with an account immediately. In this case, the User shall initially have access to a test or basic version only. The creation of the Account and the use of the test or basic version are free of charge. The test or basic version (irrespective of gamigo´s right to discontinue Games) may be time-limited and full playing capacity may not be available. The User may not have access to all Features if using the test or basic version. Alongside Games which are only subject to payment after a certain period, gamigo may also provide Games which may be played free of charge for an unlimited period. Individual details are provided in the descriptions of the respective Games.
8.1.2. Premium Features
8.1.2.1. The User has the option of receiving Features in exchange for payment of a fee, which are not available in the test or basic version (hereinafter “Premium Features”). Individual Games may offer different Premium Features. Details of which Premium Features are available at which rate, their functions and their requirements are shown on the respective Game website. Depending on the specific Premium Feature and rate, payments may be once-off, in order to load credit usable for certain functions in a given Game in accordance with its rules, or they may be payable at specified intervals (e.g. days, week, month, three months, six months, year).
8.1.2.2. The Games are being developed on an ongoing basis. gamigo therefore reserves the right to offer new Premium Features at any time. During the course of modification and development of the Games, gamigo also reserves the right to discontinue individual Premium Features and/or also offer them in the free test or basic version (c.f. 8.1.1 above). Where the User has already paid for Premium Features for a future period and cannot use them because they are no longer available and/or are also available in the free test or basic version, gamigo shall, at the discretion of the User, offer alternative Premium Features and/or refund the amount paid by the User pro rata temporis. In this event, the User shall be entitled to terminate the Usage Contract with immediate effect. No further claims on the part of the User shall be entertained.
8.1.2.3. Where the User is a minor, he shall expressly confirm when ordering Premium Features that he is in possession of or has been given the necessary funds to pay for them.
8.1.2.4. Where access to individual Games is possible via mobile telephone using downloadable software, the Premium Features rules shall apply with regard to costs incurred.
8.2. Subscription / Automatic Renewal
Where payments for Premium Features are to be made at specified intervals, the User shall take out a subscription which shall renew automatically unless cancelled by the User with the notice period specified at No. 7.2 above. The subscription periods are shown in the applicable rules of the respective Game.
8.3. Payment Terms, Due Date
8.3.1. The respective, latest fee payable shall be displayed on the website of the given online Game. It is based on the length of the subscription.
8.3.2. For the duration of the Usage Contract fees shall be charged in advance and shall be due and payable for the first time on the day on which the free play time granted at the start of the Usage relationship expires.
8.3.3. Fees include VAT at the given applicable rate.
8.3.4. Where gamigo issues an invoice to the User, the following shall apply: the User shall immediately, and at latest within six weeks of receipt of the invoice, inform gamigo in writing or by e-mail of any complaints. Failure to make complaints in good time shall be deemed as consent. In its invoices gamigo shall draw special attention to the consequences of failure to notify complaints within the deadline.
8.3.5. gamigo accepts payment with the methods of payment shown on the website of the given Game. gamigo is entitled to alter the payment methods it accepts at any time or to accept certain methods of payment only above a certain amount or for certain Services. The latest handling charges, if any, are shown on the respective website.
Where the User chooses to pay by direct debit the following shall apply: collection of the sum owed shall be by direct debit. The direct debit authorisation may however be cancelled at any time in writing. The User must ensure that he has sufficient funds on his account. Costs incurred because the direct debit could not be made shall be borne by the User.
8.3.6 The User is obliged to provide true information. The veracity of details entered by the User may be checked at any time by gamigo or by the service provider appointed by gamigo, named on the website of the respective Game.
8.4. Arrears
In the event of arrears, gamigo is entitled to charge interest at a rate of 5 percentage points above the respective base interest rate. Furthermore in the event of arrears gamigo is entitled to discontinue performance and/or immediately disable the User´s Account. For the period during which the Account is disabled, no fees for any existing subscription shall be charged. gamigo is however entitled to charge a handling fee for disabling the Account, for notification thereof, for reenabling the Account and/or for setting up a new Account in the event that full payment is made. The amount of the handling fee is shown on the website of the respective Game and/or Service. In all events the User shall be entitled to demonstrate that no loss has been incurred or that such loss is significantly lower.
8.5. Return Debits, Cancellation Fee
Where owing to the fault of the User, or because of insufficient funds on the User´s account, return debits and/or cancellation charges caused by the later cancellation of direct debits are incurred to gamigo, such costs shall be borne by the User.
gamigo is entitled to debit these costs together with the original fee from the User´s account. Where payment of fees is by direct debit or by credit card and return debits charges are incurred, gamigo shall charge a handling fee of EUR 9.60 per direct debit / EUR 30.00 per credit card payment plus any bank charges incurred. The User shall in all events be entitled to demonstrate that no loss has been incurred or that such loss is significantly lower.
9. No Guaranteed Win
gamigo does not guarantee the User any wins. In particular the User shall have no claim to any prize unless otherwise expressly stated in these General Terms & Conditions.
A claim to payment of prize winnings shall only exist where such a win has been expressly offered by gamigo.
Nor shall any such claim exist where gamigo establishes that a potential prize claim may have arisen on the basis of manipulation - of a technical or legal nature and/or on the basis of any criminal manipulation in general. By participating in gamigo´s Games, the User accepts that gamigo may insist at any time on a detailed examination of the legitimacy of any prize claim and may refuse to award any win in the interval without any special consent on the part of the User. The right to claim a win shall also be null and void where the User violates the Code of Conduct. In case of doubt, the burden of proof shall be on the User; the User shall be required to prove that he acted within the rules of the Games. The User is aware of this burden of proof and expressly accepts it even where this may not be the case under law.
10. Nature of the Software
10.1. gamigo points out that the Software always corresponds with the latest state of technology. Nevertheless, no guarantee that the Software is defect-free can be given. For this reason the User must expect that not all functions of the online Games are entirely defect-free.
10.2. In some online Games, Software or separate programmes which may be integrated into the Software are used, in order to prevent fraud by so-called cheating or hacking. Information on anti-cheating measures is available to the User in the latest Anti-Cheating Information.
11. Usage Right
11.1. The online Games and websites are protected by the current legislation on copyright and intellectual property and are provided exclusively for personal use. Dissemination or transfer of the Game to third parties is not permitted unless otherwise stated in these Usage Terms.
11.2. gamigo grants the User the right to copy the online Games Software.
11.3. The User is not permitted to distribute the online Games Software, to hire out rights with regard to the online Games Software, to lease them or to transfer them in any other way, to make additions to online Games Software elements, or to change, delete or modify the online Games Software in any way except where gamigo has given its express approval. In particular the User is not permitted to copy, remove or otherwise use graphic elements.
11.4. The transfer of a personal Account or individual Game characters to third parties requires the express approval of gamigo. The handling fee for a transfer approved by gamigo shall be EUR 20.00, unless otherwise agreed.
The transfer shall be at the User´s risk. gamigo shall in particular accept no liability whatsoever in the event that an Account suffers depreciation, e.g. as a result of data loss. Nor is gamigo obliged to recreate passwords. Transfer without approval entitles gamigo to terminate the Contract without notice on justified grounds.
11.5. The User is prohibited from evading the technical measures put in place to protect the online Games Software with the aid of devices, software programmes or services or to disassemble, modify or restructure the online Games Software.
12. Copyright
Copyright and any rights derived therefrom with regard to the Software provided and content of a graphic, textual, audiovisual or other nature shall remain with the individual creator.
13. System Requirements
In order to take part in the online Games, the minimum system requirements must be met. These will be announced on the website.
14. Obligations of the User
14.1. The User shall observe the latest Code of Conduct at all times. In particular he shall not introduce any textual or graphic content with illegal or indecent content into the online Games and shall in particular not transfer any information which incites to racial hatred, which glorifies violence, which is morally harmful to children or young people or may affect their wellbeing or which may harm gamigo´s reputation and shall also not indicate where such content may be available. Equally the User is prohibited from introducing commercial advertising for products and/or programmes of third parties or introducing without authorisation the works of third parties protected by copyright or other rights.
14.2 In the event of non-compliance, subsequent to issuing a warning and threatening suspension, gamigo shall be entitled to temporarily disable the User´s access to his Account. No warning with threat of suspension shall be required where special circumstances prevail which, on consideration of mutual interests, justify immediate disabling of access. The User will be informed by gamigo of the reason for the suspension. The same shall apply in the case of credit card abuse, the use of false credit card information or the statement of false details with regard to direct debit mandates. Suspension of the Account shall mean that all content and information which originate with the excluded User may be removed immediately by gamigo from the database and the websites (see also No. 14.6 below).
14.3. The User is obliged to keep secret all passwords which he has received from gamigo and shall not disclose them to third parties with the exception of the transfer of an Account to a third party which has been approved in advance by gamigo.
The User shall be liable for all losses which may be incurred through a violation of his obligation to observe confidentiality.
14.4. The User is not permitted to use the Games and Services for illegal or unauthorised purposes. In particular he is not permitted to use the user names and/or e-mail addresses of other Users without their prior consent for the purpose of sending any unsolicited e-mails, advertising messages or for any other commercial purpose.
14.5. Culpable non-compliance with regard to the obligations defined above shall entitle gamigo to delete the information created by the User.
14.6. gamigo is in particular entitled to delete information wholly or in part, and/or prevent actions, where clear evidence exists that these violate these General Terms & Conditions, or the instructions and rules of the respective Services or are unlawful in some other way. This shall, for example, be the case with regard to information and actions which:
are obviously offensive, racist, fanatical, or glorify violence;
are offensive, insulting, threatening, obscene, defaming or slanderous to another person;
are of a sexist or pornographic nature or morally harmful to minors or which contain a link to a website to which minors are not permitted access;
contain false or misleading information; which promote unlawful behaviour;
represent an illegal or unauthorised copy or dissemination of work protected by copyright, e.g. through provision of illegal computer programmes or links to illegal computer programmes, information for evading copying protection measures and illegal music copies or links to illegal music copies or which violate copyright in some other way;
contain junk mail, chain letters or unsolicited bulk e-mails, instant messaging, spim or spam;
contain pages or images which are restricted, i.e. only available by entering a password, or hidden;
promote criminal activities or intentions or contain instructions for or incitement to illegal activities which shall include but is not limited to information on the manufacture and purchase of weapons, child pornography, fraud, drug dealing, games of chance, stalking, spamming, spimming, dissemination of computer viruses and other harmful files, copyright violations, patent violations or theft of business secrets;
ask other Users to provide personal information for commercial or unlawful purposes or to state their login details;
contain the image of another person without that person´s consent.
14.7. The User shall have no right to demand the recovery of deleted information.
14.8 Furthermore gamigo is entitled to exclude the User from any further participation in the affected Games or Services and to terminate the User´s Account on the terms specified at No. 7.3 above. gamigo expressly reserves its right to assert further claims, in particular claims for compensation.
14.9. The User shall inform gamigo if he becomes aware of any improper use of the Games or Services by third parties and/or other Users (and/or dissemination and transmission of content prohibited under No. 14.6 above). To ensure more effective intervention, the User is requested to give any such notification in writing (and/or by e-mail).
15. Ban on Unauthorised Scripts
15.1. The Games and Services may only be used with the respective Client of the Games and Services or other means specially provided by or expressly approved by gamigo (ban on unauthorised scripts).
15.2. It is strictly prohibited to alter or modify the Client as such an action may cause disturbance to the Game page and may have serious consequences for other Users. It is also prohibited to decompile or reverse engineer the Client without gamigo´s prior consent. Where the User is of the opinion that he is entitled to decompile the Client in order to exercise his legal rights or rights arising out of these Usage Terms, he is obliged to contact gamigo.
15.3. The User is not permitted to use programmes which lead to an excessive load on the gamigo servers. Software which systematically or automatically executes orders or functions within the Games pages (e.g. bots or macros) are also prohibited as is software which may be used to reproduce or analyse Games pages or to reproduce or analyse elements or content of Games pages (with the exception of the respective gamigo User´s own content).
15.4. The Client may be updated from time to time by connecting automatically with an update service. The User is aware and agrees that he must permit such auto-updates in order to remain in a position to continue using the Games page following an update.
16. Defect Claims
16.1. gamigo provides the User with access to the Games and Services in their respective latest version (No. 4.5). The User has no right to demand the maintenance or creation of a specific condition / scope of function with regard to the Game and/or the Services. The User is aware that the Games and Services offered by gamigo - as is the case with all software - can never be entirely defect-free. As such, Games and Services shall only be defective where they can be played/used only with difficulty or with sustained interruption.
The User shall always report in writing any defects in gamigo´s Games, Services or other performances or deliveries, providing convincing documentation and a log of the error messages displayed. Prior to reporting any error, the User shall consult the Games and/or Service instructions and any other troubleshooting assistance provided by gamigo (in particular Frequently Asked Questions lists, problem discussion forums). The User shall offer all assistance to gamigo in resolving any defect.
16.2. The User shall notify gamigo in writing immediately on identifying a defect. Where goods - including virtual goods - are obviously defective, such defects must be notified to gamigo within two weeks of receipt of the goods. The timely return of the goods or dispatch of the defect notification shall suffice to ensure that the deadline is observed. Where no notification of defects is made within the deadline, claims with regard to obvious defects shall no longer be entertained. For the purpose of securing evidence, it is recommended that the User notify gamigo of all defects in writing (by fax, letter or e-mail).
16.3. Those defects caused by external influences, by improper use on the part of the User, by force majeure or by alterations or other manipulations not undertaken by gamigo are on principle excluded from the guarantee.
16.4.gamigo shall not give guarantees in any legal sense.
17. Limitation of Liability
17.1 gamigo shall be liable for damages and reimbursement of expenses incurred pursuant to Arts. 437, No. 3 and 634, No. 4 of the German Civil Code in conjunction with Arts. 636, 280, 281, 283 and 311 a and/or pursuant to Art. 284 German Civil Code (hereinafter “Compensation”) in the event of a violation of contractual or extra-contractual obligations only
in the case of malicious intent or gross negligence,
in the case of injury to life, limb or health caused by malicious intent or negligence,
where a guarantee with regard to properties has been given,
in the case of the negligent or deliberate violation of cardinal obligations,
where liability is foreseen pursuant to the Product Liability Act or Art. 44 a of the Telecommunications Act, or
where some other obligatory liability exists.
17.2 Compensation for the violation of cardinal obligations shall be limited to contract-typical, foreseeable losses in the absence of malicious intent or gross negligence, or where liability has not been incurred through injury to life, limb or health or the provision of a guarantee with regard to properties or out of product liability.
17.3 The foreseeable loss shall be limited to €100.00 per Account.
17.4 The preceding liability exclusions and restrictions shall apply with regard to the liability of employees, representatives and agents of gamigo, in particular in favour of the shareholders, employees, representatives, organs and their members with regard to their personal liability.
17.5 An alteration of the burden of proof to the detriment of the User is not associated with the above provisions.
17.6. gamigo shall be liable for any advice provided only where such advice is related to the content of the offering.
17.7. gamigo expressly distances itself from the content of all pages which may be reached directly or indirectly via links from the gamigo websites. gamigo accepts no liability whatsoever for these contents and pages. The publishers of these pages are solely responsible for their contents.
18. Data Protection
gamigo expressly undertakes to protect the User´s privacy. Information on data protection is available to the user on the “Data Protection” page.
19. Miscellaneous
19.1. Alterations and amendments to the Usage Contract and/or the General Terms & Conditions and any supplementary agreements must be in written form. This shall also apply to setting aside the written form.
19.2. The comments of Users shown on the websites of gamigo AG are third party content with regard to gamigo in the sense of Art. 8, para. 1 of the German Telemedia Act (TMG), which exclusively reflects the personal opinion of the respective User. gamigo accepts no responsibility whatsoever for such content.
19.3. The place of jurisdiction shall be Hamburg where the User transfers his domicile or usual place of residence outside the Federal Republic of Germany after conclusion of the Contract. This shall also apply where the User´s domicile or usual place of residence is unknown at the time of any proceedings being instituted. Where Users are businesspeople, the place of jurisdiction shall be Rheine. German law shall exclusively govern the contractual relationships between the Parties. The UN Convention on Contracts for the International Sale of Goods is excluded.
19.4 Where provisions of the General Terms & Conditions and/or of the Game or Service Usage Contract are or become invalid, this shall not affect the validity of the remaining provisions.
Ons On Soft. All rights reserved.
