Subject of these conditions is the regulation of the usage of the online game www.littlewargame.com and the according services of the provider: Addicting Games, Inc., 15332 Antioch Street Los Angeles, Suite 200, California 90272, US, eMail: [email protected]
The participants of the online game will be called "user" subsequently.
The provider provides the online game in a free basic version and charged features / services (premium services).
The provider provides services to the users only based on these terms and conditions. Terms and conditions of the user are not featured, except the provider explicitly agrees upon this.
The provider is allowed to change these terms and conditions. The changes will be brought to the user in an appropriate way in textual form. Changes regarding the terms and conditions will be shown to the user in any case when he logs in the next time through an emphasized announcement.
The changed terms and services are only applied when the user approved the changes. Such an approval can be given by the fact that the user continues using the services of the provider. The approval is also given when the provider informed the user about the changes and the user does not enter an objection in textual form within four weeks after he has been informed.
In the message about the changes the provider will point out the possibility of objection and withdrawal, the deadline and the legal consequences, especially with regard to the omitted objection. If the user objects in time, both parties have the right to cancel the contract within 14 (fourteen) days. The original conditions stay in force until the end of the contractual relationship. Payments already made by the user, that affect features running longer than the end of the contractual relationship, will be refunded partial.
The provider points out, that the online game and the related services are permanently affected by updating, changing and expanding, regarding the content and artistic aspects (design of units, layouts, maps, mechanics and rules of the game). The game and the availability are part of the artistic creation of the provider. For this the provider is given an according artistic space to permanently alter and update the game.
For this reason the user only gains the right to use the current available version of the game. The design, content and rules of the game are reserved for the provider.
The user does not have any right that the game and the according services continue to stay available in the form they were at the conclusion of the contract.
The provider tries to provide permanent availability of the game and the servers.
The provider is allowed to limit the access to the game and its services, if that is necessary to update or alter the game, to guarantee long term availability or for troubleshooting.
The usage of the game is bound to registration and the creation of an account. Alternatively it is possible to play as a guest, which limits the access to certain features. Creating an account or playing as a guest is free.
Registration requires the user to enter a name, email address and a password. The user guarantees that the data he enteres is correct and has been entered by himself. After successful registration the account is activated and with that a free license agreement (basic version) takes effect under those conditions.
This account is not tranferable without the providers approval.
The user commits himself to keep the transmitted access data secret (password). The user has to inform the provider immediately when he gets to know that unknown third parties have any knowledge of his access data.
The option of usage is only given to users within the meaning of § 13 of BGB (German Civil Code).
Only natural persons are accepted, that are 18 years old or older at the time of the conclusion of the contract or younger persons whos legal representative have explicitly agreed. The provider is at any time allowed to ask for a paper evidence for beeing 18 years old or older or a legal representatives' approval and to refuse a usage of the game until then.
Every user is allowed to have not more than one account.
The user is allowed to use the game only with an internet browser. It is not allowed to use software that leads to server overload or software that automatizes certain processes of the game (for example bots).
The provider offers the usage of premium features. Those can be used in the game for a one off payment.
The exact conditions of those features can be seen in the game.
The provider reserves the right to offer new premium features or stop offering existing features or offer existing features for free instead. If a user already payed for a premium feature and this feature is not usable anymore because of a change made in the game, the user gets refunded time partial the payed amount, if he wasnt able to use the feature for at least 3 months. The user is in this case allowed to cancel the contract with immediate effect.
The provider provides a game currency in the game that can be used to purchase premium features. This currency is not real money. Changes made to the game can lead to altering possibilities of usage for this currency. The exchange of game currency into real money for abusive or manipulative reasons is not allowed.
The purchasing of premium features takes place after the registration of a user account by the menu button "get more". The user can buy several items, for example additional graphics, or gold packs, which give him game currency, by pressing the "buy for ..." button.
Gold packs are game currency, that can be traded for virtual goods (premium features) in the game.
Premium features also include virtual goods. The provider points out that those virtual goods are not "things" or "property" in the sense of the BGB (German Civil Code). By purchasing virtual goods the user is authorized to use the purchased virtual good inside the game following the rules of the game. The right of use ends if the contract between the provider and the user ends or after the duration as provided in the contract expires. The provider explicitly points out that those services have a protection from alteration for a duration of only 3 months.
The user can revoke his contract within 14 days in text form (e.g. email) without stating reasons. The revocation period begins after receipt of this information in text form, however not prior to contract closing, and also not prior to fulfilment of our duty to furnish information in accordance with Article 246 § 2 in conjunction with § 1 Sect. 1 and 2 EGBGB (Introductory Act of the German Civil Code). To meet the deadline for revocation it is enough to send off the revocation in due time.
The recall must be sent to: Addicting Games, Inc., E-Mail: [email protected]
In the event of an effective revocation, the mutual received goods/performance are to be returned and possibly enjoyed usage is to be released. If the user is unable to return the received service in the state in which it was delivered, he might be obligated to pay compensation. This can lead to the fact that the user has to fulfill his contractual obligation for the period up to the revocation. The user has to meet obligations for the refund of payments within 30 days after sending the notice of cancellation. This period begins for the user with the dispatch of the cancellation and for us with the receipt.
The right of withdrawal expires prematurely, if the contract is fulfilled by both sides on explicit demand of the user before he exercises his right of withdrawal.
End of admonition.
The rules of the game can be found on littlewargame.com. By participating in the game, the user explicitly accepts these rules. Observing the rules is necessary to ensure a smooth interplay of all players. The user undertakes not to publish any content containing advertising, politic, religous, racist, offending, harassing, violent, sexist or pornographic content. The author reserves the right to delete such content immediately and without notice. The user undertakes to comply applicable legal standards, especially youth protection, data privacy, general right to protection of personality, protection from harassment, copyrights and trademarks
The provider is liable for damages, that happen during usage of the basic (free) service, only in case of intent or gross negligence of the provider.
The provider is liable to the full amount in case of intent or gross negligence and in any case of damage to life, body or health. If the damage is based on the breach of essential contractual obligations or the breach of a guarantee, the liability of the provider is limited to the damages typically foreseeable upon the contract's conclusion. Essential contractual obligations are those obligations that allow for the proper execution of the contract and on whose fulfilment the user should be able to rely. The above exclusions of and limitations on liability also applies to the liability of staff, employees, assistants and vicarious agents of the provider.
The providers liability according to the (German) product liability law as well as pursuant to § 44 TKG remains unchanged
The contracts regarding the usage of the basic (free) version between the provider and the user are concluded for an indefinite period, unless agreed otherwise in the offers.
Contracts for premium features can be concluded for a undefined or limited duration. If the contract regarding the premium feature or the basic version does not mention a fixed term, either Party may terminate the contract with a notice period of one month.
The Parties' right to terminate the contract at any time due to an important reason of the online game or / and service contract / contract on the use of premium features remains unaffected by the aforementioned provisions.
In case the provider is responsible for the extraordinary termination of the game user contract / contract on the use of premium features, possible payments for services or features paid in advance that are exceeding the timeframe of expiration shall be proportionately refunded to the user
Further claims are excluded, unless otherwise agreed upon in these terms and conditions.
The provider is entitled to terminate the agreement for good cause, if:
a. The user is in delay of submitting payments and does not pay despite two reminder notices
b. The user culpably violates the laws, game rules and / or regulations for the use of the services and does not stop the violation despite warning; in case of serious violations, no warning is required if the provider cannot reasonably be expected to maintain the contract.
If the user should be responsible for the extraordinary cancellation of the online game contract / contract on the use of premium features, the user does not have a right for reimbursing any amounts already paid.
Notices of termination must be made in writing. Written form also includes email. Notices of extraordinary termination must be made in writing and must include stating reasons.
The provider communicates with the user - unless indicated otherwise by theses terms of use - usually by e-mail. The user shall ensure that the e-mail address stated by the user within the scope of the registration is checked frequently for messages from the provider.
These terms and conditions and all contracts based on them will be governed by the law of the Federal Republic of Germany.
If after conclusion of the agreement, the user moves his domicile or usual place of residence outside the Federal Republic of Germany, the agreed court shall be the headquarters of the provider.
This also applies, if the user's residence or habitual place of residence is unknown when the agreement is concluded.
Any alteration, additions or cancellation of these terms and conditions require the text form. This also applies to any cancellation of the requirement for the written form.
If individual provisions of these terms of use are legally ineffective or unenforceable or become ineffective or unenforceable, the effectiveness of other provisions is not affected. The ineffective provision shall be replaced by such effective provision whose effects come closest to the objective pursued by the contracting parties with the ineffective or unenforceable provision. The above provision applies accordingly if the terms of use prove to be incomplete.