Условия использования
Conditions of Use
Big Bang Empire
Important Note: This document contains two separate types of contract terms with different subject matters. The download (where applicable) and the free use of the game are governed by the General Terms and Conditions of European Games Group GmbH. These are followed by the Special Conditions which, in turn, govern the acquisition of fee-based additional contents (particularly virtual currency).
General Terms and Conditions of European Games Group GmbH for the Big Bang Empire Game
- Clause 1 Scope of Application and Prerequisites for the Free Use of the Game
- 1. The following General Terms and Conditions (hereinafter referred to as "GTC") govern the free download of the game application (where applicable) and the free use of the game and its contents, including the websites, applications, features and other materials as well as related further services, which are made available by European Games Group GmbH in accordance with these GTC and the Rules of the Game laid down in Clause 7.
- 2. The use of the services, web presences, applications, features or contents and related further services is free of charge in principle. However, the user has the possibility of acquiring the right to use special game contents against payment, if required. The acquisition of such contents shall be subject to special contract terms as set out below after these GTC.
- 3. Conflicting conditions of the user shall expressly not be recognized. European Games Group GmbH shall render its services exclusively on the basis of these GTC. The user can view these GTC at any time on the website bigbangempire.com in the GTC section or print and/or save them for his or her records.
- 4. Big Bang Empire, the Big Bang Empire website, applications, services, features
European Games Group GmbH
Managing Director: Johannes Sevket Gözalan
Vordere Sterngasse 4/6, D-90402, Nuremberg, Germany
Commercial Register: Amtsgericht Nuremberg, HRB 42093
(hereinafter referred to as "Operator" or "European Games Group GmbH")
Details on European Games Group GmbH can be found under the legal notice.
The acquisition of virtual currency or other game contents shall exclusively be subject to the Special Conditions of European Games Group GmbH (further below in this document). These GTC do not govern the acquisition of virtual currency or other game contents against payment. In the event of a contradiction between these GTC and the Special Conditions of European Games Group GmbH, the latter shall prevail.
- 5. By accepting these GTC, the user recognizes the version of these GTC that is applicable at the time of acceptance.
- 6. These GTC fully replace older versions of the GTC for Big Bang Empire.
- 7. The game contents and further service offers of European Games Group GmbH are continually further developed, updated and adapted. For this reason, only the most recent version of the game contents is online at the user’s disposal at each time. To the extent that the user accesses the game using an application, he is recommended to always use the most recent version available for this application in order to avoid problems with the presentation and use of the game contents and other services. European Games Group GmbH shall not be responsible for any adverse effects caused by the use of application versions which are not up to date.
- 8. The user's connection with the Internet itself, as well as the preconditions that the user's system has to fulfill to that effect, particularly the browser software used, do not fall within the services of European Games Group GmbH and thus do not form an integral part of these GTC. The user is himself or herself responsible for ensuring the suitability, up-to-dateness and security of the hard- and software used. For the avoidance of doubt: This shall not apply to applications which might have been made available by European Games Group GmbH and might serve to access game contents and/or services.
- 9. The use of service offers of European Games Group GmbH in relation to Big Bang Empire (including download and use of the applications) is free of charge in the basic version. However, certain features are only available to paying users (see Clause 5 of these GTC).
- 10. European Games Group GmbH can provide the user with communication possibilities for own contents and contributions. These may include, in particular, official forums on the Internet pages operated by European Games Group GmbH, which the user shall be allowed to use within the scope of their actual availability and in accordance with these conditions. In this respect, European Games Group GmbH solely provides the technical possibilities for information exchange. However, an entitlement to the provision of such communication possibilities does not exist.
- 11. It is not possible for the operator to exercise direct control over all posted entries. The operator is not in a position to ensure permanent online monitoring of the contributions of the visitors and members. Therefore, he does not assume responsibility for the contents, the accuracy and the form of individual posted entries. As an author, every user shall be personally responsible for his or her entry. The publication of illegal or offensive contributions and/or contributions that are liable to prosecution shall be expressly prohibited. Every user shall at any time be obliged to comply with the existing legal provisions arising, for example, from penal law, youth protection law, trademark law, copyright law and the law on unfair competition. The posting of commercial advertisements in the contributions in any form whatsoever, for example as text, link or by fading in banners, shall equally be prohibited. European Games Group GmbH reserves the right to delete entries and to withdraw the write permission from individual users for a certain period or at all. Furthermore, the rules of the game pursuant to Clause 7 and the protection of copyrights and third-party rights pursuant to Clause 9 of these GTC shall apply.
- Clause 2 Conclusion of Contract and Contents
- 1. For the mobile and platform versions of Big Bang Empire, the steps leading up to the conclusion of the contract may vary depending on the app store (e.g. iTunes, Google Play, Amazon) and the platform (e.g. Facebook). The operation of downloading the game from an app store and/or connecting the game with a social media account on a platform shall additionally be governed by the conditions of use of the relevant app store and/or the relevant platform. Unless expressly stated otherwise in the app store and/or the platform, separate registration after downloading the application (app stores) and/or after connecting the game with the [user’s] own account (platforms) shall not be required. A contract governed by these GTC shall rather come into effect when the application is duly downloaded from the relevant app store and/or the game is duly connected with the user’s own social media account on the platform. To the extent that there is a possibility of connection with a social media account also within an application, such connection is voluntary and does not constitute a prerequisite for the conclusion of the contract.
- 2. For the browser version of Big Bang Empire as well as in cases in which separate registration is expressly required according to the product description in the respective app store and/or on the respective platform, the following shall apply for the conclusion of the contract:
a) By registering for and/or using the service offers, the user agrees to these GTC. If an e-mail address is required for registration, the e-mail address must belong to the user personally and he or she must be regularly reachable at this address for the duration he or she uses the game, because European Games Group GmbH generally communicates via e-mail. Accordingly, the use of one-way addresses (so-called trash mails) shall be expressly prohibited. Registration shall only be permitted to natural persons.
b) In the course of registration the user may choose an admissible player’s name (nickname). The player’s name must not violate any rights of third parties or be contrary to accepted principles of morality. An entitlement to the attribution of a special user name does not exist. Inadmissible user names are, in particular, e-mail and Internet addresses and words which do not correspond to the technical requirements communicated within the scope of the registration process (e.g. prohibition of certain special characters), if applicable.
c) The presentation of the game and its contents, including the websites, features and other materials as well as related further services does not constitute a binding offer. Only by completing the registration form does the user submit a binding offer to conclude a contract pursuant to Section 145 of the German Civil Code (BGB). To do so, all data fields marked as necessary on the registration form must first be duly completed in accordance with Clause 2 Paragraph 2 of these GTC, and subsequently be confirmed by clicking the corresponding button. Upon receipt of the user’s offer, the user will receive an automatically dispatched e-mail at the e-mail address the user has stated in the registration form. This automatic e-mail confirms that we accept the user’s offer. A contract with European Games Group GmbH does not come into force until the declaration of acceptance conveyed by this confirmation e-mail has been received.
d) The user shall have no entitlement to registration, activation and participation in the game. European Games Group GmbH shall be entitled to refuse to confirm and to accept the registration without giving reasons.
- Clause 3 User's Obligations
- 1. The user assures that he or she is of legal age. To the extent that the user is a minor, the latter assures that he or she has obtained an effective consent of his or her legal representatives.
- 2. The conclusion of the contract may only be performed personally, and must not be performed automatically or by third parties.
- 3. The user is only allowed to use the service offer with not more than one account per game world (server) of Big Bang Empire. This means that it shall not be possible for a registered user to open a new account in the same game world unless the previous account has been deleted. The creation and keeping of several accounts in the same game world (multi-accounts) is prohibited. Such multi-accounts can be blocked and deleted at any time without previous warning at European Games Group GmbH's own discretion.
- 4. The user undertakes to use his or her account exclusively for private purposes in line with the service offers. Commercial use in whatever form shall be expressly prohibited. This prohibition also includes the dissemination of advertisements and other commercial offers.
- 5. The account is person-related and expressly not transferable. Therefore, the user undertakes not to transfer his or her account to third parties, neither against payment nor by way of donation.
- 6. The user undertakes to keep his or her login data and especially his or her passwords strictly confidential and to protect them against unauthorized access by third parties. What we mean by “login data” and/or “passwords” are all letter and/or character and/or number strings used to authenticate the user with the aim to exclude access by unauthorized third parties. The password must not be identical with the player's name and must include a combination of numbers and letters.
- 7. The user shall be prohibited from using the login data of another user.
- 8. The user undertakes to contact the operator directly if there is a suspicion that third parties have obtained or might have obtained the login data without authorization. If a suspicion of abuse or a risk of abuse exists, European Games Group GmbH shall be permitted to block the accounts involved temporarily until the suspicion has been eliminated.
- 9. Manipulative interventions in the service offers are prohibited. These include, in particular, the use of software and mechanisms disturbing the service offers or procuring an unfair advantage over fellow players to the user. Among other things, the creation and/or use of hacks, mods, cheats, bots, data-mining tools and automated browser plugins shall be prohibited.
- Clause 4 Duties of European Games Group GmbH
- 1. During the term of this contract, European Games Group GmbH shall allow each user to participate in service offers of Big Bang Empire free of charge.
- 2. European Games Group GmbH shall guarantee an accessibility of at least 90% of the game contents on an annual average. This refers to the capability of retrieval of the game contents of Big Bang Empire from the server of European Games Group GmbH via browsers or applications. European Games Group GmbH shall assume no guarantee with respect to any connection errors by Internet service providers or breakdowns of third-party platforms (e.g. Facebook). Likewise, European Games Group GmbH shall provide no guarantee in the event of interruptions or disturbances needed to carry out maintenance work.
- 3. European Games Group GmbH undertakes to counteract the risk of data loss through reasonable data backup measures (backups). In case of data loss, it is unfortunately impossible to reproduce game actions performed after the point in time when the backup was carried out. In relevant cases, European Games Group GmbH shall endeavor to accommodate users concerned through playful activities in order to make good the damage suffered. However, the users cannot lay claim to such acts of generosity.
- 4. For clarification: These GTC shall apply irrespective of whether the game is offered as a mobile version (APP), browser version or version for social media platforms. However, this does not mean that European Games Group GmbH is obliged to offer the game in all these platform versions, or that one platform version of this game must be interoperable with another platform version of the game (i.e. that the accounts for one version could also be used for another version, for example).
- Clause 5 Features, Payments
- 1. The download of applications, the connection of the game with social media accounts and registration (to the extent provided) as well as the use of the basic version of the game and of service offers are free of charge. Items and virtual game currency can be collected and/or won free of charge in the game. The special items and the virtual game currency can be used to activate so-called features, i.e. individual additional services compared with the basic version (hereinafter referred to as "Features"), in the game. The exact description and functions of the respective features are shown in detail on the game and/or application website. In addition, there is a possibility of acquiring game currency and certain items from European Games Group GmbH against payment.
- 2. There is no obligation for the user to acquire virtual game currency and features against payment.
- 3. European Games Group GmbH reserves the right to modify or cease to offer the nature, volume and contents of the features, and/or the right to offer them in the free basic version.
- 4. Against payment of a fee, the user has the possibility of receiving special items and virtual game currency from European Games Group GmbH. The payment for the virtual game currency and the method of payment are shown in detail on the game and/or application website and/or in the application. Except as expressly stated otherwise, the prices are to be understood as final prices including taxes and any costs incurred for credit entries and/or provision (subject to country-specific modifications or deviations; these are explicitly announced on the relevant game and/or application websites and in the app). The acquisition shall be subject to the Special Conditions of European Games Group GmbH (see further below in this document); in the event of contradictions between this Clause 5 and the Special Conditions of European Games Group GmbH, the latter shall prevail.
- 5. European Games Group GmbH shall be entitled to request payment for the acquisition of the virtual game currency in advance. The payments for the acquisition of the virtual game currency shall be due immediately when the contract with European Games Group GmbH is concluded, i.e. with the user's confirmation of the acquisition of special items or virtual game currency.
- 6. The payments systems available in each case (e.g. PayPal, credit card, Premium SMS) result from the Special Contractual Terms of European Games Group GmbH and the conditions of use of the relevant app store and/or the relevant platform, if applicable. The user shall not be entitled to claim that European Games Group GmbH offer or maintain certain payment systems. Payments are collected in accordance with the user's choice.
- 7. European Games Group GmbH shall be entitled to block the account concerned of the user temporarily as long as the user is in default vis-à-vis European Games Group GmbH in respect of the payments for acquired items or virtual game currency. The user's obligation to pay the agreed fee remains unaffected.
- 8. Playing options acquired within the game by means of virtual game currency (e.g. objects, waiting time reductions, energy and other functions acquired thereby) and the virtual currency or the special items cannot be returned; in this respect, there is no obligation to reimburse the fee paid for the virtual game currency unless expressly otherwise agreed. European Games Group GmbH shall not be obliged to reimburse the virtual game currency if the user terminates the user contract. This provision is without prejudice to the rules on the statutory right of revocation and its omission.
- Clause 6 No Right of Revocation
- Clause 7 Rules of the Game
- 1. The communication possibilities offered, if applicable, by European Games Group GmbH via the Internet pages, applications and service offers for the Big Bang Empire are intended for the user to have fun while playing the game. Abuse for other personal or commercial purposes (such as, e.g., advertising, political or religious expression of opinion) shall be prohibited.
- 2. The user recognizes with respect to all communication possibilities contained in the different service offers of European Games Group GmbH that European Games Group GmbH does not tolerate any news, postings or other contents which include the following:
• dirty words, vulgar or obscene expressions or sexual contents, no matter whether express or implied;
• religious, political or sociopolitical statements;
• offensive, defamatory, threatening or otherwise annoying or harassing insinuations, comments and/or images;
• names for game characters or user accounts that are deemed to be improper according to these GTC; in this case, European Games Group GmbH shall be entitled to delete such improper names or to proceed to renaming as a milder measure, in addition to the measures mentioned under Clause 8 Paragraph 2;
• third-party material protected by copyright or trademark law without their express written approval;
• prompting of passwords and of personal information of other users (e.g. last name, address, telephone number, birth date etc.);
• links to commercial Internet pages of third parties;
• advertisements including raffles, competitions or other sweepstakes;
• cheat or hack programs or information or links to such programs or to Internet pages affirming that they have programs which misuse user passwords; or
• other information which, at European Games Group GmbH's own discretion, is deemed to be age-inappropriate or unsuitable for this Internet page.
- 3. Users who post contents shall be themselves responsible for ensuring that these contents do not violate any rights, in particular copyrights of third parties. Hence, the users shall be themselves and directly responsible for all claims against third parties. Should European Games Group GmbH be held liable for such contents posted by a user, the user shall hold European Games Group GmbH harmless against any of the costs incurred by the posting of such contents to the extent that the user is to be held responsible for the violation.
- 4. It is prohibited to disturb the dialogue among different users knowingly; e.g. by interrupting a conversation among other members repeatedly, by annoying them or by creating enemy images or hostilities. Messages that users send to each other in the game are not private but public. Therefore, users are requested not to exchange personal information such as e-mail address, address, last name, telephone number, photographs, instant-message name or the like. European Games Group GmbH urgently recommends not to disclose such personal data for reasons of self-protection. Should there be a suspicion that certain users try to obtain the above mentioned personal information from other users, European Games Group GmbH should be informed under the e-mail address support.ru@bigbangempire.com.
- 5. European Games Group GmbH points out that full monitoring of the contents posted by the users cannot be ensured. However, spot checks are performed and the users additionally have the possibility of reporting violations by others. Private messages shall only be checked if a participant in the communication reports them as a violation. European Games Group GmbH will then carry out a check as quickly as possible and edit or delete the contents, if necessary.
- 3. Users who post contents shall be themselves responsible for ensuring that these contents do not violate any rights, in particular copyrights of third parties. Hence, the users shall be themselves and directly responsible for all claims against third parties. Should European Games Group GmbH be held liable for such contents posted by a user, the user shall hold European Games Group GmbH harmless against any of the costs incurred by the posting of such contents to the extent that the user is to be held responsible for the violation.
- 6. In addition, the communication possibilities provided by mobile and platform versions of Big Bang Empire may be limited compared with the browser version owing to technical or legal reasons. The user shall not be permitted to use programming errors (what is referred to as bugs) to his or her own advantage. If a user detects a bug, he or she shall have to report it by sending an e-mail to support.ru@bigbangempire.com.
- 7. The user shall be prohibited from any action causing excessive data volumes (traffic) or affecting the course of the game. In particular, it shall be prohibited to use automated or semi-automated scripts that perform database queries or put game mechanisms into operation. Likewise, any manipulations of the data stored on the server shall be prohibited.
- Clause 8 Virtual Domiciliary Right
- 1. All service offers and/or applications of Big Bang Empire, which are mentioned here, come under the virtual domiciliary right of European Games Group GmbH. Virtual domiciliary right means the right of the operator of a virtual space (in other words a website, application and/or service, for example) to verify whether the conduct of the users of this virtual space complies with the GTC and to take suitable measures in case of infringement. European Games Group GmbH reserves the right to make unrestricted use of this virtual domiciliary right in case of need.
- 2. If a user violates the rules of conduct defined by these GTC, particularly the rules of the game and/or rules of conduct mentioned in Clause 7, European Games Group GmbH shall be entitled to block or to delete the relevant contents, users and/or game characters, and/or to exclude the user from the continued use of the service offers of European Games Group GmbH temporarily or, in line with the proportionality principle, permanently, and/or to delete his or her user account in order to protect the other users. In this case, the user shall not be entitled to be reimbursed for a payment he or she has already made. Likewise, the user shall not be entitled to receive compensation of any other nature. Prior to initiating the above mentioned measures, European Games Group GmbH will, insofar as is reasonable, inform the user in order to clarify or remedy the violation. Informing the user is not reasonable, for example, if it could lead to the occurrence of a damage to European Games Group GmbH or to third parties. If a user is blocked, he or she shall not be permitted to use Big Bang Empire by means of another game character.
- Clause 9 Copyrights and Industrial Property Rights; Granting of Rights
- 1. All copyrights, rights of use and other intellectual property rights relating to Big Bang Empire, the applications and the service offers rest with European Games Group GmbH or are protected in favour of third parties. The user shall be allowed to use the contents made available to him or her only within the scope of the service offers. With respect to applications, the user merely receives a simple, non-transferable right which must neither be transferred nor sub-licensed and is limited in terms of time to the duration of this contract, to install and use the applications on his or her own devices enabled for the installation of applications from the relevant app store. The user shall delete the applications prior to any alienation of such devices as well as at the end of the contract.
- 2. Without the express prior approval of European Games Group GmbH, which is to be obtained in writing, no user shall be permitted to use, copy, save, process, decompile, reverse engineer (prohibition of reverse engineering) and/or distribute any contents of the game, such as e.g. texts, images, graphics, characters, logos, pieces of music, sounds, sound sequences, videos, programs, software codes and other information outside the use of service offers of European Games Group GmbH. The user shall be permitted to place a link on the Internet pages operated by European Games Group GmbH to the extent that it exclusively serves as a cross-reference. However, European Games Group GmbH reserves the right to revoke this permission. At any rate, it shall not be permitted to incorporate or represent the Internet pages and/or service and its contents, which are operated by European Games Group GmbH, in a partial window (frame) by means of a hyperlink. Consequently, the placing of inline or frame links shall have to be considered as illegal use.
- 3. The same applies to name rights and other labeling rights. Any use outside the service offers, especially in commercial transactions, shall be prohibited without explicit written approval. This particularly applies to any merchandising articles.
- 4. European Games Group GmbH expressly points out the following: If a user offers his account or parts of it on the Internet for sale against payment, this represents an infringing act under copyright law and, if applicable, under labeling law to be prosecuted at the user's expense, besides being a violation of the essential obligations under these GTC.
- Clause 10 Duration of the Contract and Termination
- 1. The user contract is concluded (in accordance with the conclusion of contract mechanisms described in Clause 2) between European Games Group GmbH and the user for an undefined period. The user can terminate the contract at any time without notice and without giving reasons by (i) [for applications] deleting the application on his or her devices and in the settings in his or her account at the relevant app store, (ii) [for use via a platform] removing the connection of the game with the [user’s] own social media account in the settings of the relevant platform, (iii) [if a browser version is used or registration is required] deleting his or her account or (iv) [in all cases] by e-mail to support.ru@bigbangempire.com. As a result of the termination, all information saved on the user's account, which is relevant to data protection legislation, shall be deleted or, to the extent that legal provisions require their retention, blocked and deleted only at the end of the retention period. This is the user's e-mail address, among other things. To the extent that such information is still contained in regular backup files, a manual solution would mean disproportionate efforts. In such cases, the information will be deleted as soon as the backup is overwritten.
- 2. European Games Group GmbH can terminate the contractual relation at any time with a two-week period of notice without giving reasons.
- 3. The right to termination without notice for important grounds remains unaffected. European Games Group GmbH shall be especially, but without limitation, entitled to termination without notice for important grounds in the cases mentioned in Clause 11 Paragraph 1. of these GTC.
- 4. Notice of termination by European Games Group GmbH has to be given in text form (e-mail or message system within the Big Bang Empire game is sufficient).
- Clause 11 Sanctions and Termination without Notice/Exclusion from the Game
- 1. European Games Group GmbH can give notice of termination to the user with immediate effect and exclude him or her from the service offers if,
• contrary to Clause 3 Paragraph 2., Clause 3 Paragraph 3 and Clause 3 Paragraph 5, he or she registers several accounts or transfers his or her account to third parties.
• contrary to Clause 3 Paragraph 4., he or she uses his or her account for commercial purposes or for advertisements.
• contrary to Clause 3 Paragraph 8, he or she misuses other users' login data.
• contrary to Clause 3 Paragraph 9, he or she performs manipulative interventions through software and mechanisms.
• he or she violates the rules of the game laid down in Clause 7 and does not stop violating them despite warning. In the event of serious violations, a warning is dispensable if European Games Group GmbH cannot be expected to adhere to the contract.
• her or she violates the copyrights and other protective rights of third parties, which are mentioned in Clause 9.
- 2. In less serious cases, the assessment of which is solely at the discretion of European Games Group GmbH, an in-game sanction can be pronounced against the user, e.g. in the form of a downgrading, instead of excluding him or her from the game. The user shall not be entitled to claim that a sanction be imposed on him or her instead of his or her being excluded from the game.
- 2. In less serious cases, the assessment of which is solely at the discretion of European Games Group GmbH, an in-game sanction can be pronounced against the user, e.g. in the form of a downgrading, instead of excluding him or her from the game. The user shall not be entitled to claim that a sanction be imposed on him or her instead of his or her being excluded from the game.
- Clause 12 Limitation of Liability and Release from Liability by the User
- 1. European Games Group GmbH makes the applications and the possibility of using the game and the service offers available free of charge and is therefore only liable for willful intent and gross negligence in accordance with the legal provisions.
- 2. European Games Group GmbH shall not be liable for unauthorized access, awareness, dissemination or abuse of personal data, exchanged through service offers, by third parties (e.g. by unauthorized access through hackers). Likewise, European Games Group GmbH shall not be liable for information posted by users or for contents on linked web pages of third parties. Clause 12 Paragraph 1. shall remain unaffected.
- 3. European Games Group GmbH shall not be liable for data loss (high score, acquired items etc.) with respect to the game characters if the user closes his or her user account according to Clause 10 Paragraph 1 or cancels the contract otherwise. Liability for data loss in general is limited to the typical restoration costs which would have been incurred in connection with the usual creation of backup copies by the user.
- 4. According to the current state-of-the-art, data communication via the Internet cannot be guaranteed without errors and/or with permanent availability. European Games Group GmbH gives no guarantee whatsoever that the functions of the service offers, including the use of features, are free of technical errors or that the service offers are available at all times.
- 5. In the event of violations of rights of third parties, particularly of intellectual property rights (e.g. copyrights or trademark rights), which are related to contents disseminated or otherwise made accessible by a user, or which have been caused by a violation of these GTC, the user shall, at first request, have to hold European Games Group GmbH and all associated companies, employees, workers and vicarious agents of European Games Group GmbH harmless against all claims or other rights of third parties (including the associated costs, such as e.g. reasonable lawyer's and legal expenses) to the extent that the user is to be held responsible for such violation.
- Clause 13 Data Protection
- Clause 14 Final Provisions
- 1. Regulations or General Terms and Conditions of the user which deviate from these GTC shall only be applicable if European Games Group GmbH previously approves their applicability in writing.
- 2. European Games Group GmbH shall inform the user when these GTC are to be modified or adapted. Such information shall include the new version of the GTC and the (future) date of entry into force. Any modification shall be preceded by a notification that is sent six weeks ahead (sufficient if sent by e-mail or message system). The user can contradict the modified GTC. If the user does not contradict such modification within six (6) weeks after receipt of the notification, the modifications shall be deemed to have been recognized by the user In the above mentioned notification, European Games Group GmbH informs the user expressly about his or her right of objection, the objection period and the consequences of an objection that has not been filed. This modification mechanism shall only apply if European Games Group GmbH has a justified interest in the modifications (for example adaptation to amended laws or new legislation) and in no case to a modification of the parties' major obligations.
- 3. If this provision or another provision of these GTC are or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by mutual agreement between the contracting parties by a provision that comes as close as possible to the intended economic meaning and purpose of the invalid provision in a legally enforceable manner. The aforementioned provision shall apply mutatis mutandis in the event of loopholes.
- 4. The laws of the Federal Republic of Germany shall apply, with the exclusion of the law of conflicts. The Vienna United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The contract language is English.
- 5. If the user has no place of general jurisdiction in Germany or if he or she moves his or her residence abroad after having concluded the contract or if his or her residence is not known at the point in time when the action is filed, Nuremberg shall be the place of jurisdiction for all disputes. Furthermore, European Games Group GmbH shall be entitled to sue at the user’s place of jurisdiction.
- 6. The European Commission offers an Online Dispute Resolution (ODR) Platform at https://ec.europa.eu/consumers/odr/main/. Consumers can use this platform to resolve disputes. However, European Games Group GmbH is neither obliged nor willing to participate in a dispute resolution procedure before a consumer mediation entity.
End of the GTC of European Games Group GmbH. Important note: For the acquisition of fee-based additional contents (particularly virtual currencies) the following Special Conditions of European Games Group GmbH shall apply.
Special Conditions (“Contract Terms”)
for Services Rendered by European Games Group GmbH against Payment in the Big Bang Empire Game
- 1. Scope of Application
- 1.1 The following Contract Terms shall apply exclusively to the acquisition of virtual currency and certain virtual items in the Big Bang Empire game (no matter whether as an application, via a platform or as browser version, irrespective of this hereinafter referred to as “game”), and exclusively between European Games Group GmbH (registered in the Commercial Register of the Nuremberg Local Court under HRB 42093, represented by its Managing Director Johannes Sevket Gözalan, Vordere Sterngasse 4/6, D-90402, Nuremberg, Germany, E-Mail contact@gamesgroup.eu, Phone: +49 (0) 911 23735056) and the user of the respective game (hereinafter referred to as “user“) in their version valid at the time when the respective payable service is ordered and regardless of whether the respective game is offered via websites or other channels on PCs, similar stationary terminals or on smartphones, tablets or similar mobile terminals or via connected devices or other platforms or (social) networks. For the avoidance of doubt: These Contract Terms shall not apply to the use of the game as such. The use of the game requires a separate contract with the respective operator of the game, which is concluded in the course of the download or registration for the game. Deviating conditions on the part of the user shall not be recognized, unless European Games Group GmbH expressly agrees to their validity in writing.
- 1.2 In the event of contradictions between these Contract Termes and the conditions of the operation of the game (hereafter referred as “GTC”), the present Contract Terms shall have priority over the GTC of the operation.
- 1.3 If the user acquires products or services from third-party providers (hereinafter referred to as “third-party providers“) who advertise separately on the website of the game (e.g. so-called “partner offers”), the contractual relationship between the user and the third-party provider shall be governed by the conditions of the third-party provider of these products and services.
- 1.4 Fundamentally, the possibility of acquiring services also via app stores, from Google Play or in social networks can be granted in principle. In such cases, European Games Group GmbH shall become the contractual partner of the user only to the extent provided by the conditions of the respective store or network. To the extent that European Games Group GmbH becomes the contractual partner of the user, the acquisition of payable services in app stores, from Google Play or social networks shall nevertheless be primarily governed by the conditions of the social network, the Google Play store or the app store used for this purpose; in other words, the acquisition process shall depend in any case on the conditions of the respective network or store, and other conditions of the network or store shall have priority over these Contract Terms, unless they expressly give priority to the conditions of the provider on their part or allow deviating conditions of the supplier.
- 1.5 The services of European Games Group GmbH are exclusively addressed to consumers.
- 2. Subject Matter of the Contract
- 2.1 As the owner of the worldwide marketing and exploitation rights to the game, European Games Group GmbH shall be the user’s contractual partner for the payable services of European Games Group GmbH. Users shall have the possibility of acquiring
a) virtual currencies (so-called “ingame currency” of the respective game, such as e.g. donuts, stars, diamonds, etc.) and
b) other virtual items (“items”) or so-called premium features
against payment from European Games Group GmbH.
- 2.2 The virtual items are not things within the meaning of Section 90 of the German Civil Code (BGB). European Games Group GmbH therefore does not transfer the ownership of the items to the user, but merely a simple, non-transferable right of use limited to the duration of the user contract with the operator, which the user receives when the virtual items are credited to his or her account. To the extent that “sale” or “buy” or similar terms are used in connection with the acquisition of virtual items, these shall refer to the granting of a right to use.
- 2.3 In the game, the user can spend the items credited on his or her account in order to acquire advantages described there in detail or to acquire other virtual items, if the virtual items credited on his or her user account are sufficient. Furthermore, the user can use up the virtual items in the game. As long as the user account is blocked or the user is excluded from utilization European Games Group GmbH shall have a right to withhold performance. The right to use shall end when the user has used up the virtual items in the game, however, at the latest when the user contract between the user and the operator of the game ends.
- 2.4 Ingame currency does not represent real money; there is no fixed exchange rate for it and it is not a means of payment or electronic money, neither according to the banking law, nor within the meaning of the Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz – ZAG), in particular. Exchanging virtual items against real money shall be prohibited. This also applies to virtual items won by the user during the use of the game. The exchange or trade in virtual items shall be excluded. Paragraph 6.2 of these Contract Terms remains unaffected.
- 2.5 The user shall be prohibited from using the virtual items for commercial purposes. The virtual items are intended for entertainment purposes.
- 3. Offer and Conclusion of Contract
- 3.1 From among the range that European Games Group GmbH makes available for a game, the user can choose the type and quantity of the virtual items in the respective game, determine a payment method and submit a binding offer to buy the chosen virtual items by pressing the “buy against payment” button or a button labeled similarly. However, the offer can only be submitted and transmitted if the user has previously accepted these Contract Terms and thus included them in his or her offer by clicking the button “Accept the Special Conditions of European Games Group GmbH”. This contract with European Games Group GmbH takes effect by the crediting of the ordered virtual item to the user’s account.
- 3.2 The user can withdraw his or her offer pursuant to paragraph 3.1 until the steps that trigger off the payment process with the respective payment service provider have been completed. Until then, input errors can also be corrected by clicking the “Back to the game” button in the game.
- 3.3 The contract is concluded in the German language.
- 3.4 The acquisition of virtual items in an app store shall primarily be governed by the conditions of the app store used for this purpose. If the user acquires virtual items via an app store (so-called “in-app acquisition“), the contract shall be concluded between the user and the app store in principle (unless the conditions of the respective app store provide for a possibility of concluding of a contract directly between the user and European Games Group GmbH). This shall apply accordingly if virtual items are acquired via social networks.
- 4. Prices, Payment, Payment Methods
- 4.1 All prices are to be understood as gross final prices, i.e. including any resulting taxes and provision costs.
- 4.2 European Games Group GmbH shall be entitled to request fees for the acquisition of the virtual items in advance. The fees for the acquisition of the virtual items shall be payable in advance by the user as soon as the chosen payment service provider has sent the final order confirmation.
- 4.3 European Games Group GmbH has joined recognized and trustworthy payment systems. Payments shall be made by choosing a certain payment system (e.g. PayPal, credit card, premium SMS) through the respective payment service provider. The user is aware of the fact that a separate contract between him or her and the respective payment service provider regarding the realization of the transaction will regularly take effect in accordance with the provisions of the respective payment service provider. The user shall not be entitled to demand that European Games Group GmbH offers or maintains certain payment systems. The fees will be collected in accordance with the choice of the user. If a so-called social game, Google Play store or app store is availed of, payment is generally only possible with the payment system provided by the corresponding social network, Google Play store or app store.
- 4.4 In case of default, European Games Group GmbH shall be entitled to have the virtual items suspended and the corresponding user account blocked through the operator of the game. The obligation of the user to pay the agreed fee remains unaffected hereof.
- 5. REVOCATION INSTRUCTION
- 5.1 Right of revocation
To exercise your right of revocation, you have to inform us,
European Games Group GmbH
Vordere Sterngasse 4/6
D-90402 Nuremberg
E-Mail: contact@gamesgroup.eu
Telefon: +49 (0) 911 23735056
of your decision to revoke this contract through an explicit declaration (e.g. a letter sent via post, or e-mail). You can use the enclosed sample revocation form for this purpose, which is not mandatory, however).
To comply with the period of revocation, it is sufficient if the communication concerning the exercise of the right of revocation is sent prior to the expiry of the revocation period.
- 5.2 Consequences of revocation
- 5.3 Premature lapse of the right of revocation
End of the revocation instruction
- 5.4 Revocation form
Revocation form
(If you would like to revoke this contract, please complete this form and return it.)
To:
European Games Group GmbH
Vordere Sterngasse 4/6
D-90402 Nuremberg
E-Mail: contact@gamesgroup.eu
I/we (*) hereby revoke the contract concluded by me/us (*) regarding the purchase of the following products (*)/the rendering of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer
Address of the consumer
Signature of the consumer (only for communications on paper)
Date
*) Delete as applicable.
________________________________________
- 6. Further development, Quality
- 7. Liability, Compensation for Damage
- 7.1 Claims for damages on the part of the user shall be excluded. Exceptions to this provision are claims for damages on the part of the user arising from injury to life, body or health or from the breach of essential contractual duties (cardinal duties), as well as liability for damages resulting from an intentional or grossly negligent breach of duty on the part of European Games Group GmbH, its legal representatives or vicarious agents. Essential contractual duties are those duties the fulfillment of which is necessary to attain the objective of the contract.
- 7.2 In the event of a breach of essential contractual duties, European Games Group GmbH shall only be liable for the contract-typical foreseeable damage if the latter was caused through simple negligence, unless the user’s claims for damages arise from injury to life, body or health.
- 7.3 The limitations of the paragraphs 7.1 and 7.2 shall also be applicable in favour of the legal representatives, other representatives, employees, workers and vicarious agents of European Games Group GmbH if claims are asserted directly against them.
- 7.4 Liability in the event of the assumption of a guarantee - to be expressly designated as such ̶ by European Games Group GmbH and the provisions of the Product Liability Act shall remain unaffected.
- 7.5 (n/a)
- 7.6 The above-mentioned regulations shall not lead to a change in the burden of proof to the disadvantage of the user.
- 7.7 European Games Group GmbH does not assume any guarantees in the legal sense, unless an obligation is exceptionally expressly designated as a “guarantee” and/or as “guaranteed”
- 8. Offsetting, Retention, Non-Assignment Clause
- 9. Copyright and Property Rights
- 9.1 The virtual items distributed by European Games Group GmbH are protected by copyright. The user undertakes to recognize and observe the copyrights. Any use of the virtual items outside the game, particularly in the course of trade, shall be prohibited. Furthermore, the user shall not be entitled to make the virtual items available to third parties. The user shall not be permitted to remove copyright notices (e.g. ©), trademarks or other legal reservations.
- 9.2 The same shall apply to name rights, other trademark rights and other property rights to the virtual items.
- 9.3 In addition, reference is made to the domiciliary right of the respective operator.
- 10. Foreign Contents / Responsibility
- 11. Sweepstakes / Competitions
- 11.1 European Games Group GmbH shall be entitled to organize sweepstakes and competitions in the game. Any claim on the part of the user to have the prize paid out in cash shall be excluded, unless such claim (a) expressly results from these Contract Terms or (b) has been offered as a reward by European Games Group GmbH.
- 11.2 The entitlement to receive a prize shall always be excluded if European Games Group GmbH finds out that the asserted prize entitlement has arisen through technical, legal or other manipulations or if the user has violated the rules of the game or the GTC of the game. The user shall have to set forth and prove that he or she has not contravened these reasons for exclusion. The user recognizes this imposition of the burden of proof even if the latter does not comply with the statutory rules.
- 11.3 European Games Group GmbH shall be entitled to request a comprehensive investigation at any time in order to examine the lawfulness of a prize entitlement. Until the investigation is completed, European Games Group GmbH has a contractual retention right to the prize entitlement; thus, European Games Group GmbH can refuse to transfer the prize.
- 11.4 With respect to participation in the game, legal recourse shall be excluded.
- 12. Amendments, Effectiveness, Governing Law, Place of Jurisdiction, Others
- 12.1 European Games Group GmbH reserves the right to make amendments to these Contract Terms for the future at any time (i.e. always only with effect for contracts to be concluded in the future). Contracts concluded prior to an amendment continue to be subject to the Contract Terms effective at the time when the contract was concluded, unless otherwise agreed.
- 12.2 If one of the provisions of these Contract Terms is invalid, void or unenforceable for any reason whatsoever, this provision shall be deemed to be severable and shall not influence the validity and enforceability of the other provisions.
- 12.3 All contracts between European Games Group GmbH and the user are governed by the laws of the Federal Republic of Germany with the exclusion of conflict of laws provisions. The Vienna United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
- 12.4 If the user has no place of general jurisdiction in Germany or moves his or her residence abroad after having concluded the contract or if his or her residence is not known at the point in time when the action is filed, Nuremberg shall be the place of jurisdiction for all disputes. Furthermore, European Games Group GmbH shall be entitled to sue at the user’s place of jurisdiction.
- 12.5 The European Commission offers an Online Dispute Resolution (ODR) Platform at https://ec.europa.eu/consumers/odr/main/. Consumers can use this platform to resolve disputes. However, European Games Group GmbH is neither obliged nor willing to participate in a dispute resolution procedure before a consumer mediation entity.
Last updated: May 21st, 2024
End of the Special Contract Terms of European Games Group GmbH.