General Terms and Conditions
1.1 Computec Media AG (“Computec”) operates various websites offering users games to play via their Internet browser. All the websites on which Computec provides its individual games (“Computec games”), will hereinafter be referred to as “Computec gaming sites”. The use of Computec’s game portal is exclusively subject to the following general terms and conditions. The user’s general terms and conditions will not form part of this contract unless expressly agreed in writing by Computec. This contract on the use of games is entered into with Computec Media AG, Dr.-Mack-Str. 83, 90762 Fürth, registered at the Local Court of Fürth under HRB 8818, e-mail: firstname.lastname@example.org.
1.2 These general terms and conditions may be accessed, downloaded, saved and printed at any time by clicking on the “T&C” link on any Computec website.
2. Subject of the agreement
2.1 Computec offers registered users the opportunity to participate in online games on Computec gaming sites. Computec gaming sites also contain links to online games of third party providers. The games of third party providers are exclusively subject to their general terms and conditions. The contractual partner in such cases is the third party provider and not Computec.
2.2 Computec also provides a platform on which registered users can communicate with each other and publish content (“community forums”). These community forums are outside the scope of Computec’s duty of performance and may be altered, updated or discontinued at any time. The use of community forums is subject to the provisions of these general terms and conditions.
2.3 Computec gaming sites and Computec games are provided via a browser. All users are solely responsible for the installation of any software required for visiting Computec gaming sites and participating in games. Computec does not provide software or technical support for installation.
2.4 Computec endeavours to keep its gaming sites as constantly available and free of errors as possible, however it cannot guarantee average availability of over 95%. This excludes times during which sites cannot be used due to scheduled maintenance work or for other reasons not caused by Computec.
2.5 Users are not entitled to demand the maintenance of games and features as they were at the time of concluding the contract. Computec reserves the right to discontinue games and features at any time and without justification. In this instance, any payments made in advance or credits for individual games will be refunded in accordance with the remaining term and/or remaining credits.
3. Registration and conclusion of contract
3.1 Only registered users may participate in Computec games and use the associated additional features. By registering, the user is entitled to use Computec games offered on Computec gaming sites.
3.2 Computec generally offers registration for each individual Computec game. Upon completion of the registration process, a user account will be created for the individual game (“game account”). Computec reserves the right to offer one central registration process in future for all Computec games (“portal account”). A user may set up several accounts in different games, provided doing so is not prohibited by the rules of play of individual games (“multi-accounting”). Users with several accounts should pay careful attention to the rules of play in this respect. By completing the registration process, the user submits an offer to conclude a contract on the use of services (games/features) on Computec gaming sites, which Computec will accept either expressly or implicitly by beginning performance such as enabling the user to participate in a game.
3.3 Computec’s services are intended for individual natural persons who are aged 18 and over at the time of registration and are consumers as defined by section 13 of the German Civil Code (BGB). Legal persons or groups of persons are excluded from the registration process. The use of games for profit-making or other commercial purposes is prohibited. Minors are only entitled to participate with the consent of a parent or guardian. Certain games may exclude minors from participating even with the consent of a parent or guardian. This will be explicitly stated during the registration process.
3.4 The user warrants that all information provided during the registration process is correct and complete and also guarantees that he/she is 18 years of age or over or, if the user is a minor, that he/she has obtained the consent of a parent or guardian. Changes to user data must be submitted to Computec without undue delay.
3.5 The user is entitled to cancel his/her game or portal accounts at any time and without justification. Termination of the contract is governed by section 10.
4. Premium features, in-game currency
4.1 Participation in games is generally free-of-charge to registered users, however certain services and features are only available in return for payment (“premium features”). Certain premium features are only available as part of Computec games for a limited period of time. Details of the fees, functions and requirements of premium features can be found on the website of each Computec game associated with premium features.
4.2 Fee-based premium features may only be used by adults. Minors require the consent of a parent or guardian. Confirmation of this will be requested at the time of placing an order.
4.3 Depending on individual Computec games, the user may purchase premium features either by using in-game currency or directly in return for payment. In-game currency is used in some Computec games to obtain fee-based premium features and can be purchased from Computec in return for a fee. Unless expressly stated otherwise on Computec websites, in-game currency is used solely and exclusively in the relevant Computec game and may not be used in other Computec games.
4.4 Computec may from time to time, at its discretion and on a voluntary basis, provide users with free in-game currency, for example as a reward for achieving goals during play or as part of a promotion. Free in-game currency will be credited to the user’s account and will take priority over purchased in-game currency when buying premium features. Purchased in-game currency will only be used once all free in-game currency has been used.
4.5 The user is not permitted to exploit, sell, hire out, hand over to third parties or transfer in any other manner his/her account or free-of-charge services and features, access data, premium features or virtual goods connected to the account. In instances where specific game instructions / rules of play permit the transfer of virtual goods, this is permitted exclusively as part of the regulations indicated in the relevant game. Cash payments are not permitted under any circumstances. As a result, the parties agree upon a non-assignment clause for all rights and claims arising from this contract, as defined by section 399 BGB.
5. Information on the right of revocation
Right of revocation
The user can revoke his/her declaration of intent to register for Computec games and/or to purchase premium features and/or in-game currency without justification within two weeks in writing (e.g. by letter, fax, e-mail). This period of notice will commence upon receipt of these instructions in writing, however not before the contract is concluded and not before Computec has fulfilled its obligations to provide information as per article 246 section 2 in conjunction with section 1 paragraph 1 and paragraph 2 of the Introductory Act to the Civil Code (EGBGB) and its obligations as per section 312g paragraph 1 sentence 1 BGB in conjunction with article 246 section 3 EGBGB. The timely dispatch of a revocation notice will be deemed sufficient to comply with the revocation deadline. Notices should be addressed to:
Computec Media AG, Dr.-Mack-Str. 83, 90762 Fürth;
FAX: +49 (0)911-2872-200
Consequences of revocation
In the case of a valid revocation, any services received by both parties must be returned and any associated benefits surrendered (e.g. interest). If you are unable to return the payments or benefits (e.g. benefits from use) either in full or in part or only in a deteriorated condition, you may be liable to provide compensation. This may result in the user being required to fulfil the contractual payment responsibilities for the period of time up until the revocation. Obligations to return payments must be fulfilled within 30 days. This period commences for the user with the dispatch of a revocation notice or the goods and for Computec, at the time of receipt.
The user’s right of revocation will expire prematurely if the contractual obligations are fully met by both parties at the express request of the user before the user has exercised his/her right of revocation.
End of instructions.
6. Duties and obligations of the user
6.1 All individual Computec games have their own rules of play/conduct, which are available on their respective Computec gaming sites. The rules of play/conduct are updated periodically and the user will be notified of changes by e-mail with reasonable advance notice, unless the provisions concerning changes to the T&C specified in section 12 apply.
6.2 The user agrees to keep all access data and passwords provided by Computec strictly confidential. All users are responsible for their own accounts. If a user suspects or learns that an unauthorised third party is in possession of access data, he/she must notify Computec immediately. Having received such notification or learnt about possible third party access, Computec will be entitled but not obliged to disable the user’s account and/or change the access data. An account may be disabled for as long as is necessary to protect the customer from unauthorised access, to determine its source and to safeguard the security of Computec gaming sites at the discretion of Computec. Computec will notify any users affected by such actions. In the event that a third party acquires access data as a result of intent or negligence on the part of the user, the user will be liable towards Computec for user charges and compensation.
6.3 The user is prohibited from any action which is capable of affecting the functionality of Computec gaming sites, Computec games and their infrastructure as well as game play, in particular imposing undue pressure on technical capacities. Furthermore, the user is not permitted to block, overwrite, modify, or copy content on Computec gaming sites or use mechanisms, software or scripts which will gain advantage over other users. The use of equipment, software, scripts and any other mechanisms which automate game play and/or game control and allow game play to be analysed is prohibited. The user also agrees not to exploit programming errors for personal gain where identifiable as such. The user will notify Computec of any relevant programming errors.
6.4 The features and content of Computec games are constantly updated, modified, enlarged or reduced. Only the customer has the right to use Computec games in their current version as provided by Computec. Computec reserves the right to change its games accordingly provided doing so does not drastically alter their basic nature.
7. User-generated content
7.1 The user will be responsible for content, data and information published or exchanged when using Computec gaming sites and/or Computec games and posted on the platform (“user-generated content”), e.g. when chatting to other users as part of Computec games or on community forums. Computec will not be required to check the legality or accuracy of user-generated content. As soon as Computec becomes aware of any illegal or infringing content, it will disable or delete it at its own discretion. The user has no right to store, receive or publish such user-generated content unchanged.
7.2 The user agrees not to publish or transmit any user-generated content violating the law or this agreement either in the community forum or to Computec gaming sites. This includes in particular abusive, slanderous, sexist, pornographic or racist content, content that contravenes youth protection laws or any other content that Computec may consider immoral or inappropriate at its own discretion. The user is also prohibited from (a) unreasonably disturbing other users, for example with spam mail, chain mail or unsolicited advertising, (b) using content that is protected by law (e.g. by trademark, patent, design or usage rights, or copyright), advertising, offering or selling goods and services without being authorised to do so, (c) engaging in or promoting unfair competitive practices, and (d) using Computec gaming sites and/or Computec games and/or the community forums for commercial communication and/or advertising.
7.3 By submitting content to be published on Computec gaming sites or Computec games, the user grants Computec a non-exclusive, unrestricted, transferable and royalty-free right to user-generated content. This entitles Computec to use user-generated content in connection with Computec gaming sites, Computec games, related products and the advertising thereof. This also applies for advertising third party products as part of joint projects with Computec. Computec is also entitled to make public, present, reproduce, process and edit user-generated content.
7.4 The user will indemnify Computec against all costs (including reasonable legal fees) and claims (including claims for damages) made against Computec by third parties due to the violation of their rights as a result of user-generated content. This will not apply if the user did not recognise or caused the violation of third party rights due to slight negligence.
8. Due dates and payment terms
8.1 Payment will be due immediately when purchasing premium features. The user may pay using any of the accepted payment methods which are shown on Computec gaming sites as part of the ordering process and may vary depending on the amount of money owed. Computec may delete certain payment methods from the list of accepted methods without notice or add new payment methods. If a payment cannot be collected and Computec is not at fault, the resulting costs will be borne by the user. In the event that direct debit payments are returned when collecting payment, Computec will be entitled to demand from the user a lump-sum processing fee of EUR 10.00 per transaction plus any bank charges or other charges incurred. The user will be entitled to demonstrate that less or no damage at all was suffered.
8.2 The user will only be entitled to set off or exercise rights of retention with legally effective or undisputed counterclaims.
9.1 Computec will only assume unlimited liability when responsible for damage from injury to life, limb or health or for intentional or grossly negligent conduct and fraud. Computec’s liability under the Product Liability Act (Produkthaftungsgesetz) and the Telecommunications Act (Telekommunikationsgesetz) remains unaffected.
9.2 In cases of slight negligence, Computec will only be liable if an obligation has been breached, the fulfilment of which facilitates the proper performance of the contract in the first place, the violation of which compromises the achievement of the contract’s purpose, and the compliance with which the customer frequently relies on. In this instance, claims for compensation will be limited to foreseeable damages equal to € 200.00.
9.3 This limitation of liability will also apply to all of Computec’s executive bodies, employees and vicarious agents.
10. Duration and termination
10.1 Contracts between Computec and the user will be entered into for an indefinite period of time unless otherwise expressly stipulated at the time of conclusion.
10.2 The parties may terminate the contract granting use of Computec games at any time and without notice.
10.3 The user may terminate the contract by sending an e-mail to email@example.com including details of his/her user name and e-mail address registered with Computec, or by using the account management options on Computec gaming sites.
10.4 The right of both parties to terminate without notice for good cause remains unaffected by the provision in section 10.2.
10.5 In the event of ordinary termination by the user or termination for good cause by Computec for which the user is responsible, Computec will not be required to refund premium features or other services paid for in advance. The same will apply for refunding credits in in-game currency.
10.6 In the event of ordinary termination by Computec or termination for good cause by the user for which the user is not responsible, Computec will be required to refund, on a pro-rata basis, any premium features or other services paid for in advance of the termination and not yet used or not used in full. In-game currency credits must be refunded on purchase price, whilst in-game currency provided free-of-charge will not be refunded.
10.7 In the event of termination by Computec, no other claims of the user will be permitted unless stipulated otherwise in these general terms and conditions.
10.8 In particular, Computec has the right to terminate for good cause in the following cases:
10.8.1 If the user is late in paying a sum of at least € 5.00 by more than 30 days or is late in paying an equivalent amount on more than one occasion over a period of six months;
10.8.2 If, despite having received a reminder, the user knowingly violates any rules of conduct within these T&C or the rules of play, with no warning required in a severe case where it would be unreasonable to expect Computec to remain bound by the contract. This is particularly the case for violation of criminal law, the commercial use of games in violation of section 4.5 of these terms and conditions or a breach of section 6.3.
10.9 Instead of termination, Computec reserves the right to also temporarily disable a user’s account and access to Computec games for up to one month, with no payment obligations for the user while his/her account is disabled.
10.10 In the event of termination, Computec will reserve the right to delete the user’s data for the relevant Computec game or for all Computec games.
10.11 Notice of termination may be given for Computec games on an individual basis.
11. Data protection
11.1 Computec will only collect, process and use the personal information of its users for the purpose of executing and managing the contract, including invoicing. Computec may forward billing data of the user to other service providers or third parties insofar as is necessary for determining fees, invoicing and collecting payment. Computec will also keep records of the user’s individual actions taken while using Computec gaming sites. These records will be used solely to process the user’s support requests, in order to ensure compliance with the rules of play and these T&C as well as to ensure system security and integrity. All data will be immediately deleted or made anonymous as soon as it is no longer necessary in personalised form.
11.2 Computec’s general data protection regulations will also apply, which may be viewed at any time by going to http://www.computec.de/datenschutz.html.
12.1 All changes to this contract must be made in writing. This also applies to any waiver of the written form requirement.
12.2 Computec reserves the right to change these general terms and conditions without justification, provided doing so does not place the user at a disadvantage in a breach of good faith. Changes will be published on Computec’s gaming sites and sent to users via e-mail. If the user does not object to the validity of the new terms and conditions within two weeks following their publication and receipt, or continues to use the games, services or features on Computec gaming sites after this deadline, the new general terms and conditions will be deemed accepted. When notifying users of such changes, Computec will indicate the options available for raising objections, the terms and the legal repercussions, in particular of failing to raise objections. If objections are made within the set time limit, both parties will be entitled to terminate the contract within one month. The previous general terms and conditions will continue to apply until the termination has been finalised.
12.3 Computec will generally communicate with its users via e-mail; nevertheless, it is also authorised to send out information by fax or post to addresses specified by the user at the time of registration.
12.4 These general terms and conditions are subject to the law of the Federal Republic of Germany under exclusion of the conflict of laws provisions, which refer to the application of other legal systems, and the UN Convention on Contracts for the International Sale of Goods (CISG). If the user’s permanent address or usual place of residence is outside Germany, or if the user’s permanent address moves outside of Germany during the contract period, the Parties will agree on Fürth as the place of jurisdiction. Computec also reserves the right to take legal action at the users general place of jurisdiction.
12.5 If a provision contained in these general terms and conditions is or becomes ineffective, this will not affect the validity of the remaining provisions.