General Terms and Conditions
Trollgames GmbH, Brunnengasse 12, D-87629 Füssen – hereinafter called TROLLGAMES – is operator of the online game Magoia (hereinafter called “Magoia“ or “the Game“). The services provided in connection with this Game are provided solely based on these General Terms and Conditions.
§ 1 Scope of Application
- These General Terms and Conditions apply to all future contracts, offers, deliveries, and services by TROLLGAMES. Herewith, TROLLGAMES expressly objects to any validity of Terms and Conditions by Users (hereinafter called “User”) of the Game Magoia. Any User Terms and Conditions are valid only and only if TROLLGAMES has provided written consent.
- In addition to these General Terms and Conditions, the corresponding game rules for Magoia as stated on Magoia’s website apply.
- These General Terms and Conditions are published exclusively on the webpage for the Game Magoia. They may be downloaded and saved permanently on a media storage device, or printed. However, the General Terms and Conditions may also be sent by mail upon User’s request.
- These General Terms and Conditions apply to all Users of Magoia. The User accepts them as binding by registering for the Game (i.e. sending an application to open a Game account for Magoia) and by logging onto the Game platform. During the registration process, the User is prompted to accept those General Terms and Conditions that apply to any use of Magoia.
- TROLLGAMES offers this online Game Magoia exclusively to consumers in accordance with § 13 BGB [German Civil Code]. Using the Game to generate income or for other commercial purposes is excluded. Only persons 18 years of age at the time of registration are allowed to play. Minors require consent of their legal guardian prior to applying to the Game. With User’s application to the game, the User expressly agrees to be of age and have full legal capacity or in case of minors by providing the consent of their legal guardian.
- If it becomes necessary (e.g. changes in legalities or law, expansion of TROLLGAMES scope of services, etc.), TROLLGAMES reserves the right to change, modify, or add to these General Terms and Conditions effective at a future date and if they di not disadvantage the User under the principle of equity and good faith. The User is notified in an appropriate manner about any modifications to these General Terms and Conditions. This notification is published on Magoia’s website by either opening a special pop-up window during login or by sending an e-mail to User’s stated and known e-mail address. In any case, the User will be informed by a highlighted notification about any changes during User’s next login.
- The User has the right to object within one (1) month of notification of changes to the General Terms and Condition or within one (1) month of the User having had reasonable time to gain knowledge thereof. It is recommended that User is sending the objection in writing or by e-mail for evidence purposes to TROLLGAMES. If the User does not send an objection to those changes in General Terms and Condition to TROLLGAMES within one (1) month after notification or after User could reasonably expected to have gained knowledge about it or User continuous to play the Game Magoia, those modified General Terms and Conditions become effective. If the User objects in time, both parties are entitled to terminate the Contract within one (1) month, unless there is the right to an immediate termination pursuant to §10 (II). Until the termination of contract, the original Terms and Conditions are in effect. Any service charges paid in advance and beyond the termination period are reimbursed to the User pro rata. The User has no additional entitlements. In the notification of changes, TROLLGAMES shall specifically inform about the possibility of objection and termination, its deadline and its legal consequences, specifically in the case of not objecting within the deadline.
- 1.The User is advised to keep constantly informed about the status of the General Terms and Conditions as well as the game rules.
§ 2 Scope of Service
- TROLLGAMES provides the Game. The User shall be granted solely the rights of use on Magoia in its current version. TROLLGAMES offers two types of use for Magoia: a type of basic use that is free-of-charge (i.e. the Game with its basic functions) and a premium type of use (i.e. a Premium Membership for a fee, which offers additional Game features and possible advantages. For more information, see § 5).
- Magoia can only be played by Users, who have previously created a customer account (hereinafter called “Game Account” or “Account”). Magoia can be played from the time TROLLGAMES has created an Account for the User for a specific game world.
- The game features vary, depending on the fee selected and can be modified at any time. The current technical and other game requirements are posted on Magoia’s webpage.
- The Game or rather the game world can constantly be updated, modified, expanded, and changed to keep it permanently interesting for as large a number of Users as possible. Accordingly, the User receives the right to play the Game in the version offered.
- The User does not have the right to keep the Game’s version as it has been at the time the contract was concluded.
- TROLLGAMES reserves the right to suspend complete operations of the Game or of individual game worlds without stating any reason. Depending on User’s selection, User has the right to be reimbursed or receive credit applied to any other game worlds operated by TROLLGAMES for any fees paid in advance (e.g. for Premium Memberships). That credit or reimbursement is only in the amount of fees, which up to that time have not been used up or proportionate for Premium Memberships. The User has no right to additional claims.
§ 3 Membership and Conclusion of Contract
- Membership begins with successful Game registration, i.e. opening of a Game Account at TROLLGAMES.
- By completing the registration form, the User provides a binding offer to conclude a game use contract. For this purpose, all mandatory data fields of the registration form must be filled out completely and correctly. Each game use contract refers to a participation in a certain game world of the game, Magoia, using a certain Account.
- The Service and Delivery Contract between TROLLGAMES and User is concluded at the time the application to open a Game Account is accepted by TROLLGAMES. This Contract may be accepted either expressly by TROLLGAMES or by its first fulfillment activity. TROLLGAMES shall immediately confirm by e-mail at the User’s stated e-mail account receipt of the application for proper opening of a game Account. Access confirmation does not constitute a binding acceptance of the User’s application. However, the access confirmation can be connected with an acceptance declaration.
- The User may terminate User’s Membership for the basic version at any time by sending an e-mail to firstname.lastname@example.org. To terminate Premium Memberships, please refer to § 5 (VI) and § 10.
- The User is not entitled to a Membership.
§ 4 Right to Cancel the Contract
- The User may cancel User’s declaration to conclude a game use contract (i.e. User’s application for Membership and creation of a game Account for a certain game world) and for ordering features within the scope of Premium Memberships within a term of two (2) weeks (“Deadline”) without stating any reason in writing (e.g. letter, fax, e-mail). No reasons must be stated. The term starts with receipt of these written instructions, however, not prior to concluding the contract, and not prior to TROLLGAMES fulfilling its duty to inform pursuant to § 312c paragraph 2 BGB [German Civil Code], § 1 paragraphs 1, 2, 4 BGB-InfoV [German Civil Code – Duty to Inform Act], and § 312e paragraph 1 (1) BGB, § 3 BGB-InfoV. The term starts at the earliest with these instructions. To keep the deadline for cancellation, it is sufficient to mail the cancellation in time.
- The notice of cancellation must be addressed to:
Phone: +49 (0)8362 – 989940
Fax: +49 (0)8362 – 9299644
- If the cancellation notice is sent by e-mail, name of User and Game Account should be stated as reference.
- In case of an effective cancellation, any performances received by both parties must be returned and if applicable, any use supplied must be returned. If the User cannot return to TROLLGAMES, any service received in part or in whole or only in worse condition, then the User must possibly repay the value. This means that any fees paid by User may not completely be refunded, if User had use of the services prior to User’s notification of cancellation. The right to cancel the contract expires early, if TROLLGAMES provides the services with expressed User consent prior to the end of the cancellation deadline or upon User’s own initiation. This can be presumed to be the case, if User played Magoia. End of Cancellation Notification.
§ 5 Premium Membership
- Purchasing a Premium Membership entitles the User to use additional Game features (provision and use of features). Type and scope of these additional features are stated on the webpage.
- The webpage to the corresponding game world states, which features are offered at what fee, which function they include and which requirements they mandate. Depending on the feature and fee, there may be a one-time payment or payments over a certain period of time (e.g. daily, weekly, monthly, quarterly, semi-annually, annually).
- The game’s worlds are constantly advanced. TROLLGAMES reserves the right to offer new features at any time.
- TROLLGAMES reserves the right to change, to no longer offer and/or offer in the basic version (basic Membership) individual features during the course of modification and advancement of the Game’s worlds without affecting the overall Game’s play. If a User has already paid for Premium Membership or the use of features in advance, but can no longer use those, because they are no longer offered and/or are available in the basic version at no charge, TROLLGAMES will offer alternatively according to User’s selection other features and/or reimburse the User for fees already paid pro rata. The User may terminate User’s Premium Membership without notice. Any additional claims by User are excluded.
- The expanded right of use attached to a Premium Membership is valid only for the Game world selected at the time of purchase and for the Account, from which it was ordered. It cannot be transferred at a later time to other Game worlds or other Accounts, unless expressly agreed upon otherwise.
§ 6 Payment Methods, Off-Setting, Retention Rights
- TROLLGAMES is entitled to ask for advance service payments for the use of features from the purchase of (optional) premium features in connection with Premium Memberships. All payments are due at the time of conclusion of the contract of use, i.e. with TROLLGAMES’ acceptance of the application for opening a Game Account. TROLLGAMES offers various payment methods. The User is not entitled to have TROLLGAMES offer or maintain certain payment methods. The bank account stated by User is debited for the service fee, User’s credit card is charged for it, or the fee is collected in any other way selected by User.
- If TROLLGAMES suffers any charge-backs or cancellations due to User’s fault, these additional charges to TROLLGAMES must be paid by User. In such case, TROLLGAMES is entitled to debit those fees together with the original charge from User’s bank account or credit card. Moreover, TROLLGAMES is entitled to an additional service charge of 10 Euros. In such cases, it is up to the User to provide proof that there was no damage or the damage was significantly lower.
- In case of default, TROLLGAMES is entitled to suspend all services as well as to block the User’s Account. This does not affect the User’s obligation to payment of the agreed upon fee.
- During the time of Account suspension, there will be no service charge for any services such as Premium Memberships. However, TROLLGAMES is entitled to charge a service fee for the suspension, suspension notification, as well as for reinstatement or creation of a new Account, whenever the Account is paid in full. In such cases, it is up to the User to provide proof that there was no damage or the damage was significantly lower.
- The User can only offset any receivables by TROLLGAMES, if User has an undisputed or legally determined counterclaim. The User may only exercise User’s right to retain, if User’s counterclaim is based on the same contractual relationship. The User cannot assign User’s rights against TROLLGAMES to any third parties.
§ 7 User Obligations
- A User may not have more than one Account per Game world at any given time, unless a special regulation has been published on Magoia’s webpage. Any violation against this provision may lead to an immediate account suspension or deletion of all of User’s Accounts. It is permitted to have one account for each of the various Game worlds at the same time.
- It is the User’s responsibility to keep the password User received to gain access, strictly confidential and to change it regularly for security reasons.
- On its webpage, TROLLGAMES provides solely a platform for communication among players. The content of this communication is the User’s own responsibility.
- The User agrees to keep the communication or other statements free of racist, pornographic, insulting, glorifying violence, or prohibited contents. Any violation of this rule may lead to an immediate suspension or deletion of the Account after one warning notice.
- It is prohibited to use programming errors (so-called bugs) to one’s own advantage. In addition, no measures may be taken which may lead to an excessive server load, which in turn would greatly interfere with the Game for all players.
- TROLLGAMES will usually communicate with the User by e-mail, unless something else is agreed upon with the User by these General Terms and Conditions. The User assures that any e-mails, which TROLLGAMES sends to User’s e-mail address stated in the registration or later provided to TROLLGAMES. The User will adjust User’s spam filter accordingly and will check this address regularly. Incidentally, for the remainder of the correspondence, TROLLGAMES reserves the right of free choice of its form.
- Whenever the User contacts TROLLGAMES, the User agrees to use User’s player name, the Game world, and account of User’s concern.
The User may only play the Game using standard browsers. Any additional use of add-on programs, scripts, or other aids is expressly prohibited. Any violation of this rule may lead to an immediate suspension or deletion of the corresponding Account after one warning notice.
§ 8 Warranty Claims
- TROLLGAMES provides access to the Game in its present version (§ 2(IV)). The User is not entitled to any claim for keeping or bringing back a certain Game condition and/or scope of features.
- The User knows that the Game — just as any software – offered by TROLLGAMES can never be without errors. The Game is only deemed defective, if playability is difficult and permanently malfunctioning.
- It is User’s responsibility to document any possible malfunctions of the Game or other services or deliveries by TROLLGAMES in a meaningful manner and specifically to report any error messages displayed during logging.
- Prior to reporting any possible error, the User is asked to consult the Magoia forum and if applicable other help to rectify problems (discussion forums for problems) provided by TROLLGAMES. The User agrees to support TROLLGAMES to rectify any possible defects.
- It is the User’s responsibility to notify TROLLGAMES immediately of any defects upon their discovery. In case of obvious defects of products – virtual goods included – defects must be reported to TROLLGAMES within two weeks after receipt of the goods. The deadline is kept, if mailed in time. Otherwise, any defects must be reported immediately after their discovery. After the deadline has passed without filing any claim, enforceability of any claim is excluded.
- It is recommended that the User mails any claims in writing (by fax, letter, or e-mail) to TROLLGAMES. This procedure is recommended for the User’s own protection and is particularly useful for evidence reasons.
- Fundamentally excluded from any warranty claims are such errors, which are caused by external influences (such as force majeure, etc.), which are beyond TROLLGAMES control or which are due to User’s operating errors or which are caused by modifications or other manipulations not undertaken by TROLLGAMES.
- TROLLGAMES does not make any guarantees in a legal sense, unless expressly agreed upon in writing.
§ 9 Liability and Liability for Links
- TROLLGAMES shall never be liable for any damages other than those caused by gross negligence or intentionally.
- However, aforementioned exclusions of liability do not apply to the liability in case of injuries to life, body, and health. Furthermore, they do not apply, unless the damage was due to a violation of a material or significant contractual duty or a violation of the warranty. TROLLGAMES liability pursuant to the product liability law and the scope of application of § 44a TKG [Telecommunications Act] remains unaffected.
- In case of a violation of material or significant contractual obligations, the duty to replace is limited to the foreseeable damage per incident.
- The foreseeable damage is limited to 30.00 Euros per Account.
- The aforementioned exclusion or limitations of liability include employees, staff members, team members, representatives, and agents of TROLLGAMES specifically in favor of shareholders, employees, representative bodies, and agents’ personal liability.
- TROLLGAMES tries to provide continuous availability of the server. However, TROLLGAMES does not provide any guarantee thereof.
- In its basic version, this Game is free of charge. Therefore, TROLLGAMES is not liable for any server outage, possible programming errors, and damages occurring in any other way.
- Specifically, there is no entitlement to re-establish the condition of the Account prior to such malfunction.
- By Ruling on May 12, 1998, the District Court of Hamburg decided that if links to third party contents are provided, one is possibly liable for such linked pages. According to the District Court’s ruling, this can be prevented by expressly distancing oneself from these contents.
- Herewith, TROLLGAMES, distances itself expressly from any third party contents, which can be accessed by links provided by TROLLGAMES, the servers supporting those contents, secondary links, and any and all visible or invisible contents. TROLLGAMES shall not be liable for the contents of those websites, nor does TROLLGAMES utilize those websites and contents. TROLLGAMES does not check this linked information. TROLLGAMES does not know of any legal violations by third party contents. If TROLLGAMES is notified accordingly, it will immediately delete the link.
§ 10 Contract Duration, Termination
- The Contracts between User and TROLLGAMES for the use of the basic version of the Game world are concluded for an unlimited time, unless stated otherwise in a specific offer by TROLLGAMES.
- If there was no agreement to a term limit in the Game Use Contract, TROLLGAMES may terminate this the Game Use Contract at any time by sending a 4-week termination notice. The User may terminate this Contract at any time without notice (right to terminate for convenience). If the user expressly cancels the Account, it is construed as termination of the Game Use Contract for this Account.
- No special reasons have to be stated in a standard notice of termination.
- The right of both Parties to a termination of the Game Use Contract or Contract of Using Features for significant reason at any time remains unaffected by the aforementioned provisions.
- If TROLLGAMES terminates the Game Use Contract or Features’ Use Contract without notice, the User will be reimbursed for any fees paid in advance and beyond the termination period (specifically for premium features) pro rata. The Use has no right to additional claims, unless otherwise agreed upon in these General Terms and Conditions. In case of a standard termination notice by either party and if the User is terminated without notice by TROLLGAMES due to the User’s fault, any fees paid are forfeited (specifically those for premium features) with the effectiveness of the termination.
- TROLLGAMES is specifically, but not exclusively entitled to terminate the contract for a significant reason, if the User is in arrears with payments in the minimum amount of 15 Euros and does not pay despite two reminder notices, if the User violates the Game rules and does not stop the violation despite warning letter. A warning letter can be waived, especially in circumstances, which justify an immediate termination of contract without prior warning letter, if the User has not utilized the User’s Account for four weeks and continued not using it despite a warning notification.
- In case of any termination for significant reason, TROLLGAMES is entitled to ask for an amount equal to 50% (fifty percent) of the sum of all charges that the User would have had to pay during the period of a standard notice of termination (specifically for premium features ordered by the User). The User’s right to proof that there was no damage or the damage was significantly lower remains unaffected.
- If a Game world does not have the possibility of cancellation (delete feature), the termination must be done in writing. Any e-mail is construed as having kept the written form. Any termination without notice must be done in writing stating the reason(s).
- The final deletion of User information and of the Account is delayed by a few days or weeks.
§ 11 Privacy
- Any personal information of the User are only stored and utilized to execute and handle any contracts concluded to use Magoia and it may be forwarded in necessary scope to any participating cooperation partner/agent. Otherwise, personal information is only collected, processed, or used, if the User expressly consented to its collection, processing, or use or if a legal provision allows aforementioned. TROLLGAMES will not transfer any stored information to other third parties without prior written consent of the User. Exempt thereof are legal obligations. The User agrees to electronic data storage and processing at the time of registration to open a Game Account.
- The User is entitled by written notification to TROLLGAMES to get information about the status and scope of User’s stored data and User may demand a correction or deletion of said data at any time.
- Besides the e-mail address provided during registration, TROLLGAMES stores the IP addresses of previous visits as well as any information that User provided voluntarily during the Game or in a forum.
- With the deletion of the Account, TROLLGAMES does not delete the User information from its system.
- Herewith, the User expressly agrees that TROLLGAMES is entitled to continue to inform User by e-mail about any new things. The User may object to this provision at any time and demand deletion of User’s information from the mailings.
- TROLLGAMES is entitled to transfer User information for payment processing, which is necessary to determine fees and invoicing to the external service providers commissioned with billing. TROLLGAMES will inform User about the name of those third parties.
- For technical reasons, participation in the Game is not possible without storing User information. If a Player wishes to have the User information completely deleted, the Account is automatically terminated. In this case, the User has not right to any refund of any charges paid, unless otherwise agreed upon in these General Terms and Conditions. This provision does not apply, if TROLLGAMES is at fault by terminating the Game Use Contract early or caused the application to delete all information.
§ 12 Final Clause
- Those General Terms and Conditions and all contracts concluded based on these General Terms and Conditions are governed by the laws of the Federal Republic of Germany. The United Nations General Conditions for Contracts for Purchase of Goods or Services as well as the Conflict of Laws of the German private international law are excluded.
- If permissible, jurisdiction for all disputes arising under these Contracts is at TROLLGAMES place of business. If after the contract is concluded, the User moves his residency from the Federal Republic of Germany, jurisdiction is at TROLLGAMES place of business. This provision shall be applicable, even if the User’s domicile or residence is not known at the time of the court filings.
- Any changes, additions, or deletions to these General Terms and Conditions must be in written form. This shall also apply, if the requirement for written form was waived.
- If one of the provisions of these General Terms and Conditions are invalid, it does not affect the remainder of these provisions.
|Managing Director:||Dennis Reimer|
|Commercial Register Court:||Amtsgericht Kempten|
|Registration Number:||HRB 9907|
|VAT ID:||DE 260979124|
|Phone:||+49 (0)8362 – 989940 (this is not a support hotline)|
|Fax:||+49 (0)8362 – 9299644|