Terms of use

1 Subject of the Terms of Use

1.1. The following terms regulate the use of the online-games and additional range of services provided by Forgamer Limited on the forgamer.com internet pages.

1.2. Forgamer Limited offers online games within the framework of its technical and operational capabilities with an average annual availability of 99.0%. This does not include periods of time during which the use of online games offerings are interrupted or affected due to compelling technical reasons or because of required maintenance work without Forgamer Limited having to provide compensation in accordance with the provisions of this agreement.

1.3. The online games are continually developed, updated and adjusted further. The user has only the opportunity to take part in the respective online game in their respective version provided at a time.

1.4. Online games offered by Forgamer Limited are intended solely for the purpose of entertainment. The use for business or commercial purposes is prohibited.

1.5. The user him/herself is responsible for the timeliness and appropriateness of its software and hardware.

1.6. In addition to these terms of Use, existing rules for individual online game apply. In case of inconsistency between these terms of Use and the rules of the game, the provisions of these terms of Use prevail. For individual online games, specific versions and/or components of online games offerings on the forgamer.com Internet pages also specific terms of use apply. The user is informed prior to use of the respective offering in an appropriate manner.

1.7. At various online games, the user has the opportunity to use services of contractors of Forgamer Limited. In this case, a separate contract between the user and the respective contractor of Forgamer Limited applies. The user is informed appropriately prior to conclusion of the contract.

1.8. Other provisions or terms of Use of the user only apply if Forgamer Limited agrees to their validity by prior written consent.

2 Conclusion of Contract

2.1. Registration of the user is a prerequisite for the use of online games and other services offered by forgamer.com

2.2. Only individuals are permitted to register, and only individual persons (not groups, families, live-in partners, etc.) are admitted as users. Minors require the permission of their parents in order to register for the game. Registration is only permitted to those who are a minimum of 13 years old. Parents can contact us by marketing@forgamer.com

2.3. At registration, the user has to provide a Username, Password and E-mail address. The user is not entitled to receive a particular player name. The player name may not infringe rights of third parties and may also not offend common decency. Web address cannot be chosen as the player name. The user shall ensure that the information provided to Forgamer Limited at registration is true and complete.

2.4. The registration is carried out personally. Registration through third parties, especially a third party that registers individual people at several tele-service providers (registration services and/or entry services) is not permitted.

2.5. With the successful registration, the user opens an account ("user account") which the user manages independently. The user may open a user account on both the forgamer.com game portal page as well as on the online game site. The user account created on the forgamer.com game portal may be used by the user for all online games linked by Forgamer Limited to the forgamer.com game portal. Conversely, a user account created on an online gaming site is not available for other online games.

2.6. Without the explicit consent of Forgamer Limited, the user account is not transferable.

3 General obligations of the user

3.1 Log-in data, identification, passwords

3.1.1. The user is obliged to keep log-in data and all identification and passwords strictly confidential. The user may enter log-in data only on Forgamer Limited operated Internet pages.

3.1.2. The term “log-in data” and “identification and passwords” includes all letter and/or character and/or number sequences, used to authenticate the user and to exclude use by an unauthorized third party. The password should not be identical with the player name and it should consist of a combination of numbers and letters.

3.1.3. The user is obliged to protect all log-in data, identifications and passwords from unauthorized access of third parties.

3.1.4. In the event that the user has reason to believe that third parties have obtained this information, or could have, he/she shall inform Forgamer Limited immediately and change his/her data or have it changed by Forgamer Limited. In this case or in the event that Forgamer Limited has evidence of misuse of data, Forgamer Limited has the right to block the access of the user temporarily. The user shall be permitted again the use as soon as the suspicion of misuse of data has been removed.

3.1.5. The user is under no circumstances entitled to use the log-in data of another user, unless the rules of the game provide specific exceptions.

3.2 Use of Forgamer Internet pages and content of Internet pages

Forgamer websites include contents of all kind that are protected by trademarks, copyrights or by other means in favor of Forgamer Limited or for the benefit of third parties. Unless explicitly permitted within these terms of use, the user is not entitled to edit, to copy, to distribute, to reproduce publicly, to use for advertisement or to use these beyond the contractually agreed purpose Forgamer Limited Internet pages or the content or any portion thereof. Permitted is only the technical reproduction for the purpose of browsing as well as the permanent reproduction solely for private use. Copyright information and brand names may not be changed and not be suppressed or eliminated.

3.2.2. The term "content" includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information, provided by Forgamer Limited on its Internet pages. The term "content" includes also all available service offerings for downloading.

3.2.3. The user is obliged to abstain from any measure which may compromise or interrupt the proper functioning of Forgamer Limited Internet sites or individual services, as well as from accessing data to which the user is not entitled to. The retrieval of the contents may only take place in a manner such that the use of Forgamer Limited Internet sites and contents through other users is not affected. The transfer of data or software that can influence hardware or software from recipients is not permitted.

3.2.4. Any use of Forgamer Limited Internet sites for commercial purposes, especially advertisement, requires the express prior written consent of Forgamer Limited.

3.2.5. The user is not entitled to publish content on the Forgamer Limited Internet pages.

3.2.6. The use of Forgamer Limited Internet sites through an anonymization service that is hiding the true IP address of the user is not permitted.

3.3. Links

It is permitted to establish a link to the websites of Forgamer Limited to the extent that it only serves as a cross reference. Forgamer Limited reserves the right to revoke this permission. However, it is not allowed to include or present Forgamer Limited Internet sites or their content via a hyperlink in a partial window (frame).

3.4. Use of client software

In cases of a service, which requires the prior installation of a client software, Forgamer Limited grants the user the non-exclusive right to download and use the client software during the validity of the registration. A duplication of the client software is only permitted to such extent as is required for a use as permitted by this contract. Any form of commercial use of the software is strictly prohibited.

Any change of the client software as well as retranslation of the entrusted program codes into another code form (decompilation) as well as other ways of reversing manufacture levels of the software (reverse-engineering) are prohibited, unless permitted by law.

4 Specific terms for the use of online games

4.1. The user is only allowed to use one account per game round (on same server), unless the game rules explicitly state otherwise. The use of several user accounts is not permitted. Such multi-user accounts can be deleted or banned by Forgamer Limited at any time and in its sole discretion.

4.2. The user is prohibited from any form of manipulative interference in the online game. In particular, the user is not entitled to use measures, mechanisms or software that could interfere with the function or the course of the game. The user may not take measures that may cause an unreasonable or excessive burden on the technical capacity. The user is not allowed to block, to rewrite or to modify contents generated by the game administration or to interfere in any other manner with the game.

4.3. The user is also prohibited from running the online game (including all individual web pages) with other programs besides the Internet browser or the client program that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement the Web interface. Also prohibited are scripts and completely or partially automated programs that provide the user with an advantage over other users. This includes auto-refresh-functions and other integrated mechanisms of the Internet browser, if it includes automated operations.

4.4. If the game is no longer available on Forgamer Limited platform due to game’s developer decision, the Administration reserves the right to compensate players’ efforts and funds by providing various supplements in other games hosted on Forgamer Limited platform. The user is not entitled to monetary compensation in such case.

4.4. The user may under no circumstances

a) create or use cheats, mods and/or hacks, and any other third party software products that may change the result of the online games,

b) use software, that allows "data mining" or otherwise intercepts or collects information in connection with the online games,

c) use outside of online games, buy for "real" money or sell or swap virtual objects that are used in online games.

This includes all evasions, similar actions or actions that match in their effect the aforementioned bans.

4.5. Log-in is only permitted on the homepage of each online game and the forgamer.com site, or authorized partner or provided Social network.

5 Specific conditions for the use of communication facilities (particularly discussion forums, chat, comments) on the Forgamer Limited websites

5.1. Forgamer Limited may provide the user different communication facilities (especially discussion forums, chats, blogs, guest books, etc. as well as within a commentary function) for own content and entries on the forgamer.com internet pages, which may be used as available. Forgamer Limited only provides users with the technical environment for the exchange of information. However, users do not have a right to claim such communication facilities.

5.2. The user assumes responsibility for his/her contents and contributions and commits to release Forgamer Limited entirely of any third- party claims or lawsuits. Forgamer Limited explicitly does not claim the content entered by users. However, the user provides Forgamer Limited with the permanent, irrevocable, non-exclusive right to use the content and contributions posted by him/her. Forgamer Limited points out that Forgamer Limited has no active monitoring system of the content posted. However, random audits are performed instead. In addition, each user has the option to inform Forgamer Limited of suspected illegal content. Forgamer Limited will then respond as quickly as possible and edit or delete reported contents, as necessary.

5.3. The user is prohibited from publishing or distributing content on forgamer.com Internet pages and particularly in the context of the communications facilities, that

a) violates the law, is improper or is immoral;

b) violates trademarks, patents, utility or design patterns, copyrights, trade secrets or other rights of third parties;

c) is obscene, racist, violent, pornographic, adult content or otherwise the development of children and adolescents threatening or harmful nature;

d) is of abusive, harassing or defamatory nature;

e) falsely suggests that it is provided or supported by Forgamer Limited;

f) contain personal data of third parties without their express consent;

g) is commercial, in particular promotional in nature.

5.4. The inclusion of Internet sites, company or product names is only permitted when it is not primarily for the purpose of advertising.

5.5. All users of the communication facilities provided on the forgamer.com Internet pages are required to choose an acceptable choice of words. Abusive criticism or attacks on people in derogatory manner shall be avoided.

5.6. Notwithstanding any other rights under these terms of use, Forgamer Limited has the right to amend and fully or partially delete content and contributions, which violate these rules. Forgamer Limited also has the right to exclude users who violate these rules, in whole or temporarily from further use of online games forgamer.com Internet pages and other service offerings.

6 Consequences of a breach of duty

6.1. Forgamer Limited is not liable for damages resulting from a breach of duty by the user.

6.2. Independently of additional legal or contractual rights Forgamer Limited may take the following actions against any user who are in breach with statutory law, third party rights, these terms of use or the respective additional regulations and game rules:

a) change or delete content,

b) give a warning to the user,

c) publication of misconduct in the respective online game with mentioning of the user name,

d) temporary or permanent blocking of a user from individual or all online games and content of Forgamer Limited Internet pages,

e) immediate termination of the contract.

6.3. If a user has been banned, he may not login again without prior consent of Forgamer Limited.

7 Usage fees

7.1. The use of online games is free of charge.

7.2. The user may, however, purchase individual service offerings and individual features offered in the context of online games. The user is informed separately on the kind of features for purchase, especially what function each feature has, possibly of the duration of availability of the feature for purchase, the purchase price and the available payment method in connection with the online game.

7.3. The user assures that all information provided in the context of a payment transaction (including bank, credit card number, etc.) is complete and correct.

7.4. The payment options vary according to the online game, participant country and the market availability of technically feasible payment options. Forgamer Limited reserves the right to amend its payment options.

7.5. Forgamer Limited reserves the right to change the cost of the in-game features (including virtual currencies). This includes RBK Game`s right to increase or decrease cost for all singular in-game features for all future transactions.

7.6. In case of payment reversal, chargeback or fraud, Forgamer Limited is entitled to ban the user account, ask to recover damages and to terminate services.

7.7. The user has the right to demand mutual repayment of financial liabilities only if user’s counter demand is legally confirmed or if Forgamer Limited acknowledges and does not contest it. The user is entitled to exercise the right of refusal of liabilities under this Agreement only if his claims concern the implementation of the Agreement.

8 Limitation of Liability

8.1. The user is directly liable to third parties for violation of their rights. The user agrees to reimburse Forgamer Limited for all damages resulting from the non-observance of the obligations of these terms of use.

8.2. The liability of Forgamer Limited, on whatever legal grounds, whether due to contractual misconduct or breach of duty is ultimately determined in accordance with the following topics:

8.2.2. In case of failure of providing payable services, or unreasonable delay (more than 5 days),

8.2.3. In other cases of breach of duty, what are provided by this Terms of Use.

9 Contract duration; deletion of user accounts

9.1. Unless stated otherwise for the respective online game or other service, the contract for the use of the forgamer.com game site and online gaming and other service offerings is for an indefinite period. It begins with the moment of registration.

9.2. The contract may be terminated by either party at any time with immediate effect, provided that there is no agreed upon temporary contract period. If a temporary contract period has been agreed upon, it may be terminated proper only at the end of the period. If it is not cancelled, the current temporary contract is extended automatically by the originally agreed contract duration.

9.3. Either party has the right to terminate the contract for cause without giving notice. An important reason constitutes in particular, if

a) the user is in default with the payment of the charges, and does not pay despite warnings,

b) a behavior exists that affects the game experience of other players not insignificantly,

c) cheats, mods and/or "hacks" as well as any other form of software, tools or scripts are used that alter the gaming experience or the game mechanism of online games,

d) third parties play on the user account of the user, unless the rules of the game provide specific exceptions.

e) the user plays on the user account of a third party or uses more than one user account per online game,

f) user is trying to sell, buy, exchange virtual game goods for "real" money in illegal way,

g) the user culpably violates laws, these terms of use, complementing existing conditions and/or rules of the game.

9.4. Any termination must be in writing. Terminations via e-mail are considered in writing.

9.5. In the presence of legitimate reasons (e.g. extended period of inactivity), Forgamer Limited is entitled to cancel the user account. Moreover, Forgamer Limited at its discretion is entitled to delete user accounts at the end of the contract.

10 Governing Law, Jurisdiction

10.1. The law of the United Kingdom applies.

11 Amendments to these terms of use and other

11.1. Forgamer Limited reserves the right to change these Terms of use, timely informing user by publication in the news section.

11.2. The user may transfer rights and obligations under this contract only after prior written consent of Forgamer Limited.

11.3. The user is only entitled to set-off, when his counterclaim has been legally established or has been recognized by Forgamer Limited and is uncontested. The user can only exercise a right of retention as far as there are claims arising from this contract.

 

Forgamer Limited — company Forgamer Limited, legal adress: Unit B, 9/F, Lockhart Centre, 301-307 Lockhart Road, Wan Chai, Hong Kong.

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