General Terms and Conditions Playata GmbH
and European Games Group AG
§1 Applicability and Requirements
- The following General Terms and Conditions (hereinafter “GTC”) regulate the use of the game’s contents and the associated additional services, which are available on the website www.herozerogame.com of the browser game herozerogame.com by Playata GmbH. Conflicting terms and conditions of the user are explicitly declined. You can only be granted access to herozerogame.com if you agree to these GTC. You may view these GTC at any time at the website http://www.herozerogame.com under the heading GTC and print and/or save them for you records.
herozerogame.com is operated by:
Managing Partner: Johannes Sevket Gözalan
Commercial Register: District Court Munich, HRB 180531
Details regarding Playata GmbH can be accessed under the legal information Imprint.
Global marketing including the selling and crediting of virtual items within the game is the responsibility of:
European Games Group AG
Board of Directors: Johannes Sevket Gözalan
Wiener Platz 7
Commercial Register: District Court of München, HRB 187516
- With your agreement to these GTC, you acknowledge the respectively current version of these GTC.
- These GTC completely replace older versions of the GTC for herozerogame.com.
- The game’s contents and other services of Playata GmbH are continually developed, updated and adapted. For this reason, the user is only able to participate in the most recent version of herozerogame.com.
- Using the basic version of herozerogame.com is free-of-charge. Certain features, however, are only available to paying users (see § 5 of these GTC in this regard).
- Playata GmbH shall provide communication possibilities to the user for personal content and contributions. This particularly includes official forums on the internet sites operated by Playata GmbH, which the user may use within the scope of the actual availability. In doing so, Playata GmbH shall provide the technical possibilities for the exchange of information alone in this regard. However, there is no entitlement to the availability of such communication possibilities. The provider is not capable of exercising direct control over all submitted entries. The provider cannot permanently monitor the contributions of visitors and members online. Therefore, he shall not be held responsible for the content, accuracy or the form of individually submitted contributions. Every user as an author is responsible for his own contribution. The publication of illegal, offensive and/or criminal contributions is expressly forbidden. Every user shall be obligated to comply with existing legal provisions revealed, for example in criminal law, in laws regarding the protection of minors, trademark laws, copyright laws and the laws governing unfair competition, at all times. Including commercial advertisements in the contributions, regardless in what form, for example as text, a link or pop-up banners, is also forbidden. Playata GmbH reserves the right to delete entries and to revoke the write-authorization of individual users for a specific period of time or entirely. We explicitly point out that Playata GmbH shall not accept responsibility for any type of damages resulting in connection with the use of the forums! In addition, the game rules apply according to § 7 and the protection of copyrights and the rights of third parties according to § 9 of these conditions of use.
§2 Finalization and Content of the Agreement
- For the establishment of the agreement, the user must complete the registration form. The user may register to participate in herozerogame.com for free by entering a valid e-mail address and a password in the registration form. The e-mail address must belong to the user personally and he must be capable of being reached regularly at that address for the duration of the use of the game due to the fact that Playata GmbH generally communicates via e-mail. Accordingly, the use of one-way addresses (so-called “trash mail”) is explicitly forbidden. Registration is only permitted for natural persons.
- Upon registering, the user can select an acceptable game name (nickname). The game name may not violate the rights of third parties or the accepted principles of morality. There is no entitlement to the issuance of a special username. Inacceptable usernames, in particular, are e-mail and internet addresses and words that do not correlate to the technical requirements.
- The presentation of our game portal does not represent a binding offer. Only with the completion of the registration form does the user provide a binding offer according to § 145 of German Civil Code (BGB) for the finalization of an agreement. For this process, all data fields identified as mandatory fields of the registration form must be completed and, in conclusion, verified by clicking the OK button according to § 2 section 1 of these GTC. Following receipt of your offer, you shall receive an e-mail sent automatically to the e-mail address you provided in the registration form with which we shall verify the acceptance of your offer. An agreement with Playata GmbH shall first ensue with the receipt of the declaration of acceptance of this verification e-mail.
- The user is not entitled to the registration, release or participation in the game. Playata GmbH is authorized to decline a verification and acceptance of the registration without providing reasons.
§3 Duties of the User
- Through registering, the user ensures that he is of age. To the extent that the user is a minor, he ensures that an effective approval of the legal representative exists with the submission of the registration application.
- A registration may only occur personally and not automatically nor through third parties.
- The user shall be obligated to participate with only one account per game world from herozerogame.com. This means a previously registered user is only able to open a new account in the same game world if the previous account was deleted. Creating and managing multiple accounts in the same game world (multi-accounts) is forbidden. Such multi-accounts can be blocked and deleted by Playata GmbH at their discretion and at any time without warning.
- The user shall be obligated upon registering to use his account exclusively for private purposes in the context of participation in the game. Commercial use of any kind, including for the distribution of advertisement and other commercial offers, is explicitly forbidden.
- The account is person-related and absolutely not transferrable. Therefore, the user shall be obligated to refrain from transferring his account to third parties either for payment or through gifts.
- The user shall be obligated to keep his log-in data and particularly his passwords absolutely safe and to protect them from unauthorized access by third parties. The terms “log-in data” or “passwords” shall mean all letters and/or characters and/or digit sequences used to authenticate the user, the use of which by unauthorized third parties should be excluded. The password may not be identical to the game name and must contain a combination of numbers and letters.
- The user is prohibited from using the log-in data of another user.
- The user shall be obligated to immediately contact operator if there is suspicion that third parties have retrieved or may have retrieved the log-in data in an unauthorized manner. If there is suspicion of misuse or the threat of misuse, Playata GmbH is permitted to temporarily block the accounts involved until the suspicion is cleared.
- The use of the offers from Playata GmbH while using anonymizing services, which suppress or falsify the true IP address of the user, is not permitted.
- Manipulative interferences in the game are prohibited. This particularly includes the use of software and mechanisms that disrupt the progress of the game or create an unfair advantage for the user over the other players. Among others, the creation and/or use of hacks, cheats, bots, data mining tools and automated browser plug-ins are prohibited.
- The user shall be obligated to comply with the game rules according to § 7 of these GTC.
§4 Duties of Playata GmbH
- Playata GmbH enables every accepted participant to participate in herozerogame.com free-of-charge.
- Playata GmbH ensures the ability to reach the game contents of at least 90% in the annual mean. This regards the accessibility of the game contents of herozerogame.com from the server of Playata GmbH. Playata GmbH shall provide no guarantee for potential connection errors on the part of internet providers. Interruptions and disturbances, which are necessary due to required maintenance work, are also excluded from this guarantee.
- Playata GmbH shall be obligated to counter the risk of data loss through appropriate data protection measures (back-ups). Unfortunately, in the case of a loss of data, it is impossible to reproduce completed game activities, which occurred after the time period of the back-up. Playata GmbH is committed to accommodating affected users in relevant cases by using game-related measures to provide rectification. There shall be no entitlement to accommodating services or to statuses that lie beyond the time of the conducted back-up.
§5 Purchase of Items from European Games Group AG, Payments
- The creation of the account and the use of the basic version of herozerogame.com are free.
- The user has the possibility of obtaining virtual currency that can be used to acquire features, i.e. individual additional services as opposed to the basic version (hereinafter “Features”), with the payment of a fee, exclusively from European Games Group AG as contractual partner. The fee for the respective currency as well as the exact description and functionality of the respective features are shown in detail on the website of herozerogame.com. The listed prices represent customer prices including applicable Sales Tax and Crediting.
- The user shall not be obligated to purchase virtual currency and features.
- European Games Group AG is authorized to demand fees in advance for the purchase of the virtual currency and features. The fees for the purchase of virtual currency shall be payable upon finalizing the agreement, i.e. with the verification of the user regarding the purchase of virtual currency.
- For your safety, we have joined with recognized and trustworthy payment systems. The payments shall be conducted through the selection of a certain payment system (e.g. PayPal, credit card, Premium-SMS) with the respective service provider. The user shall not be entitled to the fact that European Games Group AG offers or maintains certain payment systems. The fees shall be drafted according to the selection of the user.
- Playata GmbH reserves the right to change the type, scope and content of the features as well as to discontinue offering them and/or to offer them in the free basic version.
- In the case of a delayed payment, Playata GmbH on request by European Games Group AG is authorized to discontinue the features and to block the respective account of the user. The duty of the user to pay the agreed upon fee shall remain unaffected from this.
- Features acquired with virtual currency within the game (for example waiting time decreases, items, energy) can not be returned; thus there is no obligation to refund fees the user has paid to get virtual currency (unless separately agreed otherwise).
- European Games Group AG is not obligated to refund lost virtual currency or lost features, particularly not in the case of a termination of the usage agreement.
§6 Disclaimer Regarding the Right of Cancellation
You can cancel your declaration of agreement for the finalization of the usage agreement with Playata GmbH as well as for the acquisition of virtual currency with European Games Group AG within 14 days in writing (e.g. letter, fax, e-mail) without providing reasons. The deadline begins upon receiving this disclaimer in writing, though not prior to finalizing the agreement and not prior to fulfilling our obligation for providing information according to article 246 § 2 in conjunction with § 1 section 1 and section 2 of the Introductory Law of the German Civil Code (EGBGB). To ensure the cancellation deadline, the timely delivery of the cancellation shall suffice. The cancellation shall be addressed to:
Consequences of Cancellation
In the case of an effective withdrawal, the services received by both parties, and any benefits gained from the use of such services (e.g. interest), must be returned. If you cannot return the received services and usages (e.g. ingame advantages) to us, or if you can return the services only in part or in deteriorated condition, you may have to compensate us accordingly. This can lead to the fact that you must also fulfill the contractual obligations for payment for the period until the cancellation. Obligations to refund payments must be met within 30 days. The deadline shall commence for you on the date you sent the notice of cancellation and for us, following its receipt.
Your right to cancellation expires prematurely if the agreement is completely fulfilled by both parties upon your express wish prior to you exercising your right to cancellation.
End of the Disclaimer
§7 Game Rules
- herozerogame.com and the communication possibilities offered through herozerogame.com serve the fun and game of the user. Misuse for personal purposes (e.g. advertisement, political or religious statements of opinion) is prohibited.
The user may send messages among each other in the game. The user shall acknowledge that Playata GmbH shall not tolerate messages, postings or other content that contains the following:
- Curse words, vulgar or obscene statements or sexual contents, regardless of whether explicitly or implied;
- Religious, political or socially political statements of opinion;
- Offensive, libelous, defamatory, threatening or otherwise troublesome implications, commentary and/or images;
- Names for game characters or user accounts deemed to be inappropriate according to these GTC; in this case, Playata GmbH is also authorized to delete such inappropriate names, or to change the name as a milder measure, in addition to the measures listed under § 8 section 2;
- Material of third parties that is copyright or trademark protected without their express written permission;
- Requesting passwords and personal information of other users (e.g. last name, address, telephone number, date of birth, etc.);
- Links to commercial internet sites of third parties;
- Advertising including raffles, competitions or other contests;
- "Cheat" or "hack" programs or information or links to such programs or to internet sites, which claim to possess such programs that misuse user passwords; or
- Other information, which Playata GmbH views as not age appropriate or unsuitable for this internet site according to their discretion.
- The user who submits content is personally responsible for ensuring that these do not violate laws, particularly the copyrights of third parties. In this respect, the user is personally and directly liable for all claims asserted by third parties. Should Playata GmbH be held responsible for this type of content submitted by a user, the user shall release Playata GmbH from any costs incurred as a result.
- Knowingly disrupting the dialog of various users is prohibited; e.g. through repeatedly interrupting the conversation between other members, through harassing or through creating negative stereotypes or animosity. Messages sent by the users among each other during the game are not private, but rather they are public. The users, therefore, are requested to refrain from exchanging information, such as an e-mail address, address, last name, telephone number, images, instant messaging name, etc. For reasons of personal protection, Playata GmbH strongly advises against providing such personal data. If there is suspicion that certain users are attempting to obtain the aforementioned personal information from other users, Playata GmbH should be informed at the e-mail address email@example.com.
- Playata GmbH points out that monitoring all the content submitted by the users is impossible. However, random tests are performed and the users can also report the violations of others. Playata GmbH shall then conduct a review as soon as possible and, if necessary, edit or delete the contents.
- There is no entitlement to providing communication possibilities.
- The user is not permitted to use errors in the programming (so-called bugs) for personal benefit. Identified bugs must be reported to the e-mail address firstname.lastname@example.org.
- The user is prohibited from using any measure, which causes excessive data volumes (traffic) or impacts the progress of the game. In particular, automatic and semi-automatic scripts, which conduct database queries or actuate game mechanisms, are prohibited. Any manipulation to the data stored on the server is also prohibited.
§8 Virtual Domiciliary Right
- herozerogame.com falls under the virtual domiciliary right of Playata GmbH. This shall mean the right of the operator of a website to monitor the behavior of the users of the website for compliance of the GTC and to take suitable measure in the case of noncompliance. Playata GmbH reserves the right to use this virtual domiciliary right as needed without limitation.
- If a user violates the obligations regarding behavior of the GTC, particularly the behavioral rules listed in § 7, Playata GmbH shall be authorized to block or delete the respective contents and game characters and/or temporarily or, within the scope of proportionality, to permanently exclude the user from further use of herozerogame.com and/or delete his user account for the protection of the other users. In this case, the user is not eligible for reimbursement or other compensation of an already provided payment. To the extent reasonable, Playata GmbH shall inform the user of the purpose of the clarification or remedy of the violation prior to introducing the aforementioned measures. Information is, e.g. not reasonable if damage could occur for Playata GmbH, European Games Group AG or a third party as a result. Upon blocking a user, this user is not permitted to use herozerogame.com with another game character.
§9 Copyrights and Trademark Rights
- All copyright, usage and other intellectual property rights related to herozerogame.com belong to Playata GmbH or are protected for the benefit of third parties. The user may only use the contents made available to him within the scope of participation in the game. Without the express, previous, written consent of Playata GmbH, no user is allowed to use, copy, save, process, decompile, reverse engineer, (prohibition of “reverse engineering”) and/or distribute contents of the game, such as texts, imagers, graphics, characters, logos, music pieces, tones, tone sequences, videos, programs, software codes or other information outside of the participation in herozerogame.com. The user is allowed to place a link on the internet site operated by Playata GmbH, insofar as this serves the cross-reference alone. Playata GmbH reserves the right to cancel this permission. However, it is not permissible to link or present the internet sites operated by Playata GmbH or their contents with a hyperlink in a frame.
- The same applies for the rights associated with names and other brand or trademark rights. Any use outside of the game, particularly in commercial traffic, is prohibited without express, written approval. This applies in particular to any merchandising articles as well.
- Playata GmbH expressly points out the following: should the user offer his account or parts thereof for sale on the internet against payment, this presents a copyright infringement and potentially an infringement of the distinguishing brand, in addition to the violation of the significant obligations of these usage conditions, and will be pursued in manner subject to expenses.
§10 Period of the Contract and Termination
- Upon registration, a usage agreement between Playata GmbH and the user is finalized for an undefined period. The user can terminate the agreement at any time without notice and without providing reasons by deleting his account or per e-mail to email@example.com. As a result of the termination, all saved information relevant to data protection shall be deleted through the account of the user. This includes the e-mail address of the user, etc.
- Playata GmbH can terminate the contractual relationship at any time without providing reasons with a notice of 2 weeks.
- The right to an immediate termination due to significant reasons remains unaffected. Playata GmbH is authorized in particular, though not in conclusion, to immediately terminate in the cases listed in § 11 section 1 of these GTC for significant cause.
- The termination must occur in writing or in the form of text (e-mail shall suffice).
§11 Sanctions and Termination without Notice /Exclusion from the Game
Playata GmbH can terminate the user with immediate effectiveness and exclude him from the game if
- He registers multiple accounts or transfers his account to third parties in violation of § 3 section 2, § 3 section 3 and § 3 section 5.
- He uses his account for commercial purposes or for advertising in violation of § 3 section 4.
- He misuses the log-in data of other users in violation of § 3 section 8.
- He uses anonymizing data for the use of the game or performs manipulative interferences through software and mechanisms in violation of § 3 section 11 and § 3 section 12.
- He violates the game rules contained in § 7 and despite warning, does not discontinue the violation. For serious violations, a warning is unnecessary if Playata GmbH cannot expect compliance with the agreement.
- He violates the copyright laws or other protection laws of third parties contained in § 9.
- In minor cases, whereby the respective assessment lies under the sole obligatory discretion of Playata GmbH, instead of an exclusion from the game, a game-internal sanction, e.g. in the form of a downgrade, can be declared against the user. The user shall have no claim to being sanctioned instead of being excluded from the game.
- Playata GmbH shall be authorized to delete the user account if legitimate reasons exist (e.g. inactivity).
§12 Limitation of Liability and Release from Liability
- Playata GmbH and European Games Group AG shall be liable for damage claims according to the legal regulations for willful intent and gross negligence, including willful intent and gross negligence of his representatives and assistants. In addition, Playata GmbH and European Games Group AG shall be liable in the case of an intentional or negligent violation of a significant contractual obligation according to the legal regulations, i.e. an obligation that is particular important for achieving the purpose of the agreement and upon the fulfillment of which you relied and may have relied.
- Except in the case of a willfully intentional or grossly negligent violation of the agreement, the liability of Playata GmbH and European Games Group AG is limited to the typically foreseeable damage at the time of the occurrence of damage. Any claims under the German Product Liability Act (Produkthaftungsgesetz) or in the event of fraudulently concealed errors and on the grounds of injury to the health, body and life remain unaffected by the aforementioned limitations of liability. In all other cases, Playata GmbH and European Games Group AG shall not be liable.
- Playata GmbH and European Games Group AG shall not be liable for unauthorized access, the obtaining of knowledge, the distribution or misuse of personal data exchanged on herozerogame.com by third parties (e.g. through unauthorized access of “hackers”). The same applies for information and content on linked by websites of third parties submitted by users. § 12 sections 1 and 2 shall remain unaffected by this.
- Playata GmbH and particularly European Games Group AG shall not be liable for the loss of data (high score, purchased items, etc.) in relation to the game characters if you dissolve your account according to § 10 section 1. The liability for the loss of data in general shall be limited to the typical recovery effort, which would arise from the generation of backups by the user.
- Data communication via the internet cannot be guaranteed without error and/or at all times according to the current state of the art. Playata GmbH and European Games Group AG shall not be liable for this and shall provide no guarantee that the functionality at herozerogame.com including the usage of features is free of technical errors or that herozerogame.com shall be available at all times.
- With the exception of willful intent and tort liability claims, claims for damages come under the statute of limitations 12 months after their establishment.
- In the case of violations to the rights of third parties, particularly intellectual property rights (e.g. copyright and trademark laws) arising from or in connection with contents, which you or a user distribute or otherwise provide access to or which were caused through violation of these GTC, you shall release Playata GmbH, European Games Group AG as well as all related companies, staff, employees and assistants of Playata GmbH and European Games Group AG upon the initial request of all receivables and other claims of third parties (including expenses associated therewith, such as appropriate attorney and court expenses).
§13 Data Protection
§14 Final Provisions
- Regulations deviating from these GTC or General Terms and Conditions of the user are only applicable if Playata GmbH – and with regards to virtual currency: European Games Group AG - previously approves their applicability in writing.
- If these GTC are changed or adjusted, Playata GmbH will inform the user in advance. If the user logs into herozerogame.com again after receiving the changed GTC, this is considered to be approval of the changed GTC. The user can appeal the changed GTC. If you do not appeal this change within 14 days following receipt of the message, the changes are applicable as if acknowledged by you. In the case of an appeal, Playata GmbH is authorized to terminate this agreement with you within a termination period of 1 month.
- If this provision or another provision of these usage conditions is or becomes invalid, the validity of the remaining provisions shall be unaffected. The invalid provision shall be consensually replaced by the contractual parties with a provision that most accurately represents the economical context and purpose of the invalid provision in a legally-effective manner. The aforementioned regulation shall apply respectively in the case of omissions to the regulation.
- The law of the Federal Republic of Germany shall apply. The Vienna UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. The language of the agreement is German.
- Insofar as you have no general place of jurisdiction in Germany or if you move your residence to a foreign country following the finalization of the agreement or if your residence is unknown at the time of filing the action, the place of jurisdiction for all disputes is in Munich. In addition, Playata GmbH and European Games Group AG are authorized to file an action at the place of jurisdiction of the user.
GTC updated: August 2013