1.1 GAMESINFLAMES UG
(haftungsbeschränkt) ("GiF") operates a variety of Websites upon which, among other things, games
fostering the utilization of Internet browsers are offered. All Websites upon
which GiF places its individual games will be hereafter referred to as "GiF
Websites". GiF provides the users with the GiF games and the associated
offerings on the GiF Websites solely on the basis of the following General
Standard Terms and Conditions of Business. The General Standard Terms and
Conditions of Business of the user are not to be components of a contract,
unless GiF has expressly consented to such in writing. The contract on the
utilization of the games has been concluded with GAMESINFLAMES UG (haftungsbeschränkt), Sendlinger-Tor-Platz 6, 80336 Munich, which
is registered with the local court of Munich under trade register number HRB 188517, EMail: firstname.lastname@example.org
General Standard Terms and Conditions of Business are available for
downloading, securing and printing under the "ABG" link accessible via each GiF
offers registered users the way of participating in the online games placed on GiFís
Websites. Also on GiFís Websites are links facilitating the taking part in
online games offered by third parties. The taking part
in games of third parties is governed exclusively by the General Standard Terms
and Conditions of Business of the respective offering party. Contractual
partner is in such cases the third party offering such, not GiF.
also provides on a voluntary basis a platform. Registered users are entitled to
employ it to communicate with each other and to place content upon it (the
"community forums"). The community forums do not form part of the range of
services that GiF is obliged to provide. These forums may be altered, extended
or turned off at any time. The utilization of these community forums takes
place according to the rules laid down in these General Standard Terms and
Conditions of Business.
provides access to GiF Websites and to GiF games via a browser. The
installation of the software required to participate in the games is the
responsibility of the respective user. GiF provides neither the software
requisite for this installation nor the technical services assisting in such.
strives to maintain to the greatest possible extent the ongoing and error-free
accessibility of the GiF Websites. An annual mean of accessibility of more than
95% cannot, however, be guaranteed. Excepted from this
are the times in which the utilization is not possible due to scheduled
maintenance work or to other grounds that are not caused by GiF.
have no right of maintenance of the games and of features in the version extant
at the time of contractual conclusion. GiF reserves the right to terminate
games and features without divulging its reasons for doing such. The
termination of such will result in payments or credit balances previously
having been made or accumulated for individual games being reimbursed according
to the remaining term and/or the credit balance.
utilization of the GiF games and of the associated ancillary functions is
predicated upon the prior registration of the user. The registration entitles
the user to use the GiF games offered on the GiF Websites.
offers, as a basic rule, registration for the use of each individual GiF game.
The conclusion of the registration procedure is followed by a user accountís
("game account") being set up for the individual game for the user. GiF
reserves the right to offer a central registration for all GiF games ("portal
account"). A user can set up two or more game accounts for various games, to
the extent that the rules of the individual games do not forbid such (so-called
"multi-accounting"). Users with two or more accounts are to take care to adhere
to the gamesí rules. The conclusion of the registration procedure constitutes
the userís offer for use of the services (games/features) of the GiF Websites. GiF
is to expressly accept this offer. This is also rendered by the initial action
of fulfillment, such as the enabling of participation in a game.
offer is addressed to natural persons who are of age as of the time of
registration, and who are consumers as defined by ß 13 BGB (Germanyís Civil
Code). Legal persons or groups of persons are excluded from registration. The
utilization of the games for purposes of occupation or commercial endeavors is
prohibited. Minors may only participate upon having secured the consent of
their parents or guardians. Individual games may still exclude participation by
minors, even when they have secured this consent. This will be expressly
indicated during the registration.
user assures us that all of the data submitted by him or her while registering
is true and comprehensive. The user also assures us through the act of
registration that he or she is not a minor or - in cases in which he or she has
not completed his or her 18th year - that he or she has secured the consent of his or her legal representative.
Alterations in his or her data will be immediately related by the user to GiF.
user is capable of deleting his or her game accounts or portal account at any
time, and of doing such without furnishing any reasons. The cancellation of the
contract of utilization is governed by Number 10.
participation in the games is, as a basic rule, free-of-charge for users.
Certain services and functions are offered by GiF, however, on a paying basis
("premium features"). Individual premium features of the GiF games are
furnished solely for a limited time. The utilization of premium features can be
restricted to a limited number of users. The individual details of the
recompense for, functions of and preconditions for premium features are
elucidated on the respective Website of GiF games. This is done in conjunction
with the premium features.
features offered on a paying basis can only be used by users who are of age.
Minors require the consent of their parents or guardians. The submission of an
order constitutes the confirmation of the existence of such an assurance.
user can, with this to accord to the offer in the respective GiF game, acquire
the premium features by making a payment in game currency employed in the GiF
game or by directly paying for it. A game currency is employed in several GiF
games to acquire premium features offered on a recompense basis. Such game
currencies can be acquired from GiF through the payment of money. Unless
expressly and otherwise indicated on the respective GiF Website, the game
currency is solely and exclusively to be used in the respective GiF game. An employment
in other GiF games is, as a basic rule, not possible.
time to time, GiF can, as it sees fit and on a voluntary basis, provide users
with game currency on a free-of-charge basis. This can be done in the course of
the gameís proceedings, and can be a reward for the attaining of objectives.
This awarding can also form part of advertising campaigns. Game currency
provided on a free-of-charge basis is credited to the gamerís account. When
used to purchase premium features, it is primarily to have precedence over game
currency acquired through the payment of money. It is only when all
free-of-charge game currency has been employed that game currency acquired on a
paying basis is to be employed.
4.5 The user is not entitled to employ
for business purposes his or her account; the related and free-of-charge
services and functions; or access data, premium features or virtual objects.
Encompassed in this is the sale, rental, assigning to third parties or
otherwise transferring of the above. To the extent that game instructions/rules
permit such, this is to occur exclusively within the bounds of the rules in
force in the respective game. Recompense in the form of money is not permitted
in any case. For that reason, the parties to this contract agree to a prohibition
of assignment satisfying the stipulations of ß 399 BGB for all rights and
duties accruing to the user from this contract.
The user is entitled to revoke the contractual declaration on his or
her registration for the GiF games and/or on the purchasing of premium features
and/or game currency within 14 days, and to do such without disclosing his or
her reasons for such. This revocation has to be textual in form (for instance:
letter, fax or E-mail). The term begins upon the receipt of this textual
notification, but, however, does not start prior to the entering into the
contract. It also does not begin prior to the fulfillment of the obligations to
furnish information stipulated in Article 246 ß 2 in association with ß 1
Paragraph 1 and Paragraph 2 EGBGB (Introductory Act of
Germanyís Civil Code), and the fulfillment of our duties according to ß 312g
Paragraph 1 Sentence 1 BGB in association with Article 246 ß 3 EGBGB. The timely dispatching of the revocation suffices to adhere to the term of
revocation. The revocation is to be sent to:
GAMESINFLAMES UG (haftungsbeschränkt)
An effective revocation
requires the services received by both sides to be returned and any uses
extracted from them (for instance: interest) to be furnished. In cases in which
the user is not capable of returning or furnishing the services received or
utilizations experienced (benefits of use), or in which this can only be done
in a deteriorated condition, the user is obligated to render replacement of
value to the above extent. This can lead, however, to the userís having to
fulfill the contractual commitments to render payment for the time extending to
the point of revocation. Obligations to reimburse payments have to be fulfilled
within 30 days. The term begins for the user with the sending of the
declaration of revocation or of the object; for GiF, it begins upon reception.
The right of
revocation held by the user lapses on an ahead-of-term basis in cases in which
the contract has been completely fulfilled as a result of the express wish of
the user, and in which this occurs prior to the userís having exercised the
right of revocation.
Conclusion of the instructions on revocation.
of the individual GiF games has its own rules of the game and conduct. Each of
these is accessible on the corresponding GiF Website. The rules of the game and
conduct are updated on a regular basis. These alterations are E-mailed to the
user, along with appropriate advance notification of such, insofar as the
stipulations on alterations of these GSTCBís Point 12 do not apply.
user commits himself or herself to maintaining strict
confidentiality vis-ŗ-vis third parties as to access data and passwords
received from GiF. Each user is responsible for his or her account. In cases in
which a user presumes or knows that an unknown third party has gained knowledge
of access data, he or she is to immediately inform GiF of such. Upon such
notification or upon any other form of gaining awareness of such, GiF is
authorized but not obliged to lock the utilization of the account and/or to
alter the access data. A locking can be undertaken in cases in which this is
required in the informed viewpoint of GiF to protect the customer from
intrusion by outside parties, or in which it facilitates the determination of
the background of this intrusion, or in which it ensures the security of the GiF
Websites. GiF is to inform the affected party about this step. In cases in
which a third party attains the access data as a result of the userís gross
negligence or premeditated actions, the user is liable to GiF for recompense of
utilization and indemnification.
6.3 The user is forbidden to undertake any action conducive to
impairing the functionality of the GiF Websites, of the GiF games and of their
infrastructure and of the games proceedings, with this especially referring to
the excessively encumbering of their technical capacities. It is also not
allowed to block, overwrite, modify or copy the contents of the GiF Websites.
Also forbidden is the deployment of mechanisms, software or scripts providing
the user with an advantage over other users. Also forbidden are devices,
software, scripts and other mechanisms enabling the automation of the gameís
proceedings and/or the gameís management or the evaluation of the gameís
events. The gameís user also commits himself or herself to not taking advantage of errors in programming for
proprietary objectives, insofar as these are recognizable as such for the user.
The user is to report such errors in programming to GiF.
functions and contents of GiF games are updated, expanded or curtailed on an
ongoing basis. The sole right possessed by the client for GiF games is that of
the utilization of the version currently made available by GiF. GiF is entitled
to change the games in corresponding ways, provided that doing such does not fundamentally
alter the basic character of the games.
users are responsible for the content, data and information that they publish
or exchange - for instance as part of their participation in chats or community
forums or as components of GiF games ("user-generated content") - on the
platform in the course of their utilization of GiF Websites and/or the GiF
games. GiF is not obliged to verify the legality or correctness of
user-generated content. As soon as GiF learns of such illegal content, or of
content infringing upon laws, GiF will, at its own discretion, block or delete
such. The user has no claim upon the securing, retention or unchanged publishing
of user-generated content.
user commits himself or herself to not placing
user-generated content that breaches applicable codes of law or this agreement
in community forums. This extends to his or her transmission of such to GiF
Websites. Such illegal content particularly includes insulting, defamatory,
sexist, pornographic and racist materials, as well as those breaching Germanyís
youth protection code, and those that GiF, exercising its judgment, may regard
as being morally deplorable or objectionable. The user is also forbidden (a) to
bother other users by sending them such objectionable items as spam, chain
letters or unsolicited advertisements (b) to use legally (for instance by
trademark, patent, industrial design, utility design and copyright laws)
protected content, or to advertise, offer or distribute goods or services,
without having been authorized to do such (c) to undertake actions that breach
fair trade laws, or foster such (d) to utilize GiF Websites and/or the GiF
games and/or the communities for purposes of commercial communication and/or
userís transmission of contents to be distributed via the GiF Websites or the GiF
games constitutes the userís granting GiF a non-exclusive, unlimited,
transferable and free-of-charge right to user-generated content. This entitles GiF
to exploit the user-generated content in conjunction with the GiF Websites, the
GiF games, related products and their marketing. This also applies to the
marketing of products from third parties in conjunction with a working
arrangement concluded between them and GiF. GiF is particularly entitled to
make user-generated contents generally accessible. GiF also may showcase,
reproduce, process and disseminate such.
user releases GiF from liability for all costs - including those of lawyerís
fees - and claims, including those for indemnification, placed by third parties
due to violations of their rights arising from user-generated contents. This
does not apply to cases in which the userís violation of the rights of third
parties is attributable to casual negligence or in which the user did not
recognize such rights.
falls immediately due upon the acquisition of premium features. The user is
entitled to make this payment according to accepted methods. The respective and
accepted methods of payment are depicted upon the GiF Websites in the course of
the order procedure. These methods can vary, with this being caused by the
amount of recompense owing. Without having provided any previous notification, GiF
can remove or add individual methods of payment from the list of accepted ones.
In cases in which a transferring of the recompense from the userís account is
not possible, and in which that is not GiFís fault, the user is to bear the
resultant costs. In cases in which the transferring of payment from the userís
account gives rise to charge backs, GiF is entitled to charge a processing fee
of EUR 10.00 per transaction of payment and to demand reimbursement from the
user for any bank or other fees incurred. The user is entitled to prove a lack
or a paucity of damage.
user is entitled to offset or exercise of rights of retention only upon his or
her lodging undisputed or legal counterclaims.
unlimited liability is restricted to damages for which it is responsible and
which result from the injuring of life, limb and health, and from gross
negligence and malice. Liability stemming from Germanyís Product Liability Act
or from the countryís Telecommunications Act remains unaffected by this.
of slight negligence give rise to liability only in cases of a violation of a
duty whose fulfillment enables at all the proper and orderly carrying out of
the contract, whose breaching imperils the attaining
of the contractís objective, and whose fulfillment the client may trust as a
matter of course. In this case, claims
for indemnification for typically foreseeable damages are limited to Ä200.00,
with this depending upon their amounts.
limitation of liability also applies to all bodies, employees and agents of GiF.
contracts between GiF and users are, unless expressly otherwise foreseen in the
contract concluded, for an unlimited term.
parties are, however, entitled at any time to cancel the contract of
utilization of a GiF game, and to do so without adhering to a term.
userís cancellation can take the form of one employing his or her userís name
and the E-mail registered with GiF through the sending of an E-mail to GiF email@example.com, or of an employment of the account management options
on the GiF Websites.
right held by both sides to immediately cancel this contract due to an
important reason remains unaffected by the stipulation laid down in 10.2.
the case of a proper and orderly cancellation by the user or of a cancellation
due to an important reason by GiF for which the user has to bear
responsibility, GiF is not obliged to reimburse the user for advance payments
made for premium features or for other services. The same applies to the
reimbursement of credit balances in game currency.
the caser of a proper and orderly cancellation by GiF or a cancellation due to
an important reason by the user for which the user does not have to bear
responsibility, GiF is obliged to render proportionate reimbursement for premium
features and other services paid for in advance, and for a term extending past
the date of cancellation and encompassing features and services as yet unused
or not completed availed upon. Credit balances in game currency are to be
reimbursed at the price of their acquisition. Excluded from this are those
balances in game currency that were provided free of charge.
claims devolving to the user from a cancellation by GiF are, unless otherwise
stipulated in these General Standard Terms and Conditions of Business,
is especially entitled to cancel this contract on the basis of the following
1 In cases in which a user is more than 30 days
behind in the payment of an amount of more than Ä5, or in which the user falls
behind in the payment of a corresponding amount more than once in a six month
2 In cases in which the user, despite a
previously-issued reminder, has culpably violated the rules of conduct laid
down in these GSTCB or in games. Doing such dispenses with the need to issue a
written warning, in cases in which this violation is serious and an adherence
to the contract would be unreasonable for GiF. This especially applies to
violations of the penal code, to the commercial utilization of the games in
violation of Point 4.5 of these General Standard
Conditions and Terms of Business, or of Point 6.3.
is entitled to undertake a limited-term locking of the userís account instead
of canceling it. GiF is also entitled to block access to GiF games for a period
of up to one month. During this time of blockage no obligations to render
payment ensue to the user.
case of cancellation, GiF is entitled to erase all of the userís data involving
the respective GiF games or involving all such ones.
cancellation can be rendered for each individual GiF game.
11.1 GiF gathers, process and utilizes personal data of its
users exclusively for the pursuit and settlement of the object of this
contract. Comprised in this is invoicing. To the extend demanded by the determination of recompense owing, by invoicing and by the
transferring of payment, GiF is entitled to send invoicing data of users to
other service providers and third parties. In addition, GiF logs the individual
activities of the user when he or she utilizes GiF games. The logs are
exclusively used to process queries for support placed by the user, to ensure
adherence to the rules of the games and to these GSTCB, and to protect the
systemís security and integrity. The data will be immediately deleted or
rendered anonymous in cases in which they are no longer needed for the
objectives requiring their being in personalized form.
11.2 Also applicable are GiFís General Stipulations of Data Protection. These are always accessible at http://gamesinflames.com/tos_en.html.
alterations of this contract have to be rendered in writing. This stipulation
also applies to the refraining from the enforcement of this requirement to
render changes in writing.
is entitled to alter these General Standard Terms and Conditions of Business,
and to do so without disclosing its reasons for doing such, provided that the
user is not disadvantaged through this, and that this is not done in bad faith.
Alterations will be disclosed by their being published on the GiF Websites and
by their being E-Mailed to the user. In cases in which the user does not within
two weeks subsequent to the disclosure and of the ability to be appraised of
such lodge a refutation of such with GiF of the applicability of the new
General Standard Terms and Conditions of Business, or in which he or she
utilizes the games, services or features placed upon the GiF Websites without
undertaking such a lodging, with this also applying to the expiry of the
above-cited term, the altered General Standard Terms and Conditions of Business
are to be regarded as having been accepted. GiF will make reference in the
disclosure of the alterations of the possibility of refutation, of the term for
such and of the legal consequences of such, with this particularly referring to
that of the lack of refutation. In cases of the timely lodging of such a
refutation, both parties are entitled to institute a proper and orderly
cancellation of the contract within a term of one moth. Until the conclusion of
the contract, the previously-applicable General Standard Terms and Conditions
of Business remain in force.
generally uses E-mails to communicate with the user. The former is also
entitled to use letters or faxes to send explanations to the user. These will
be sent to the addresses and numbers that the user has included in the data
submitted by him or her in his or her registration.
is the body of laws of the Federal Republic of Germany. Excluded are the conflict of law provisions of international private laws
that refer to other codes of law as well as the UNís right of purchase. In
cases in which the user does not reside or have customary residence in the
Federal Republic of Germany, or which he or she relocated his place of
residence from the Federal Republic of Germany to another country during the
term of the contract, the parties agree to Munich is being the court of
jurisdiction. In such cases, GiF also reserves the right to lodge a suit with
the court generally responsible for the user.
fact that an individual stipulation of these General Standard Terms and Conditions
of Business is or becomes invalid does not affect the applicability of the