Consumer Information and Information concerning the exercise of the Right of Withdrawal regarding the Game “THE CYCLE“ including the Game Shop
YAGER Development GmbH
The following information does not constitute terms and conditions regarding the game „THE CYCLE“ but serves for informational purposes. The applicable user terms and conditions for the game “THE CYCLE” are set forth in YAGER’s Terms and Conditions which are accessible here. The applicable user terms and conditions for the in-game shop, which is provided in the form of the Epic Games Store which is provided not by YAGER but by Epic Games as a third party service provider, can be found here. The following information may downloaded and stored or printed at any time.
1. Provider and Contractual Partner
YAGER Development GmbH (“YAGER”) Pfuelstraße 5 10997 Berlin Germany Directors entitled to represent the company (Geschäftsführer): Timo Ullmann, Phillip Schellbach (Managing Directors) Amtsgericht Berlin Charlottenburg – HRB 78261 B USt-IdNr. DE212404124 Phone: +49 30 695976-60 Web: https://thecycle.game Email: firstname.lastname@example.org
2. General Description of the Service
a) YAGER operates the game “THE CYCLE”. b) This game is accessible to the player through the Epic Games Account system and the Epic Games Store, as provided by the third party service provider Epic Games. c) To use and play the game, the player must register and set up an Epic Games account. d) Epic Games also operates the in-game shop accessible via the game, in which the player may purchase certain virtual goods and items and functionalities to be used within the game (“Virtual Benefits”). This shop is operated by Epic Games and purchases and transactions made there are subject to Epic Games’ applicable terms and conditions. YAGER has no control over such transactions and purchases and Epic Games’ terms and conditions for the Epic Games shop.
3. Functionality and Interoperability
a) The language used on the website and in the game is English. b) The Game is a so-called “multiplayer online game”. It also provides access to an in-game shop (as operated by the third party provider as described above) that offers virtual currency and additional functionalities for a charge.
The Agreement may be concluded in English.
c) Using the THE CYCLE website and playing the Game is free of charge. Premium functionalities and virtual items and currency and Virtual Benefits to be used in the Game are available for purchase from the in-game shop. d) Users are advised that there may be costs incurred by the connection to the internet necessary to access the website and play the Game, depending on the contractual agreement of the Users with the provider of their mobile, internet or other connection.
3. Conclusion of Contract
In order to play the Game, Users need to register and set up an Epic Games User Account.
How to register and set up an Epic Games User Account:
- To register Users click the button „PLAY NOW FOR FREE” on the Website. Afterwards they need to complete the mandatory fields requiring their first name, username, name of the fantasy club, password and a valid email address. Email address and password are needed to access the User Account. Unless another user has already chosen the user name, Users are free in their selection provided it adheres to technical and/or legal limitations.
- The click on the button „Play Now” completes the registration process and the form is sent to Epic Games.
- An automatically generated confirmation email is then sent to the email address the User provided.
- With the hyper-link included in the confirmation email Users can active their User Account (double opt-in). By clicking the hyper-link sent to the Users they submit a binding offer to conclude a contract regarding the use of the Website and the Online-Game.
- By accepting the first login and providing its service, Epic Games accepts the Users’ offer to conclude an agreement regarding the Online-Game and the User Account is set up.
Purchase of Virtual Benefits in the Epic Games Store:
- Via the Game Shop (as provided in the form of the Epic Games Store) Users have, subject to a charge, access to Virtual Benefits available for purchase with virtual money. Users may access the Game Shop to choose, subject to a charge and depending on the respective offer, the type and number of Virtual Benefits they wish to purchase. All purchases with real money in The Cycle are made via the Epic Games Store third party service.
- The purchase procedure for various app stores which are operated by third parties (e.g. the Epic Games Store) are subject to the terms of the respective app store.
- A contract is concluded between the provider of the Game Shop and Users purchasing Virtual Benefits from the Game Shop, subject to a charge.
- YAGER has fulfilled its obligation once the Virtual Benefits have been credited to the User Account. YAGER reserves the right to reject a User’s purchase or use of Virtual Benefits, without specifying any reason for such rejection.
Acquisition and Use of Virtual Benefits
- In the event that a User acquires Virtual Benefits via the Game Shop, depending on availability, according to the purchase procedure as set above, the Virtual Benefits will be credited to the User Account. Users are permitted (non-exclusively) to use the Virtual Benefits, while the Game is available and during the term of the Agreement, to modify the gaming experience according to the Game Rules. Virtual Benefits can only be used in the Game and only while the User Account is active.
- As a rule, Users may only use Virtual Benefits after they have expressed their consent and have acknowledged that they lose their right of withdrawal or the right of withdrawal has expired otherwise (e.g. by time).
- No additional Contract using Virtual Benefits: The use of Virtual Benefits is an act of playing the game and the Users exercise their right to specify characteristics of the Game and modify the gaming experience within the Game Rules and provided features. Transactions with Virtual Benefits or Virtual Currencies are no actual contracts but acts of playing the Game.
- The right of use in the Virtual Benefits ends at the latest when the Agreement with YAGER ends; if the Agreement is terminated it ends when the termination becomes effective. Any right in Virtual Benefits “purchased” and not used by the time the termination becomes effective will lapse without the entitlement for compensation and/or refund.
- Virtual Benefits cannot be changed back into legal tender or into (virtual or real) goods. No return and/or refund is possible.
The term and termination of the agreement to use the Game is set forth in section 15 of the YAGER Terms and Conditions for THE CYCLE, which read: 15.1 Term: This agreement is concluded for an indefinite period of time and ends with its termination. Termination notices must be given in text form (email will suffice). 15.2 Termination by Users. Users may terminate this agreement at any time by sending a termination notice to email@example.com. 15.3 Termination by YAGER. 15.3.1 Subject to the special stipulations for Subscription, YAGER may terminate this Agreement at any time without cause, giving fourteen (14) days’ notice in text form. 15.3.2 The statutory right to terminate this Agreement for a compelling reason with a shorter notice or even without notice shall remain unaffected. 15.3.3 A compelling reason is given if one party, taking into account all the circumstances of the specific case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship for the agreed term or until the expiry of a notice period. 15.3.4 Compelling reasons include for example (without limitation):
- If the User is engaged in cheating, use of bots, financial fraud or severe abuse of bugs. The User is hereby advised that YAGER will, without prior warning, immediately suspend all access of the User to the Game in these circumstances to protect the integrity and reputation of the Game.
- If the User is culpably in violation of applicable law or of these Terms and Conditions, the Game Rules and/or use rules for Virtual Benefits;
- If the User is in arrears with the payment of fees due;
- If the User issues a payment dispute or charge-back;
- If third parties (e.g. social network operators), through whose registration function the User gains access to his Account at YAGER, requests YAGER to delete the user data and/or to undertake any comparable actions or limits YAGER access to data.
15.3.5 YAGER reserves the right to terminate the operation of the Game in the future. In such an event, YAGER will announce the cessation of the game three months in advance and any transition services it may offer in the future for such case. 15.4 Effects of termination. 15.5 Once the termination becomes effective, the Users’ Accounts will be deleted, including any Virtual Benefits still present on these User Accounts. Content posted by the User on the Website will either be removed, or the User’s name associated with the Content will be removed instead. Users may insist on the removal – wholly or in part – of Content provided by them in the event that the Content constitutes either a breach of the Users’ obligations, in particular with regard to their conduct, or if there is a legal obligation to delete, or the Content affects general rights of personality. 15.6 In case of extraordinary termination by YAGER, the User is not permitted to create a new User Account if his account(s) was/were rightfully blocked unless he has the express prior written permission of YAGER. To enforce this provision, in particular if the User was involved in botting, cheating, advertising for his own or third party services or financial fraud, YAGER may retain data necessary to prevent that User from creating additional Accounts to carry out similar violations. YAGER may prevent the User from creating additional User Accounts and immediately suspend additional User Accounts created by such User without prior warning. 15.7 If YAGER is responsible for the extraordinary termination by the User, then it will only provide compensation for the portions unused Premium Currency that count as “bought by the User’s Accounts for real money” as specified in 4.5.3. In this case, YAGER will reimburse the User the pro-rated value of Premium Currency still credited to his Accounts. Further claims of the User are excluded unless otherwise specified in these Terms and Conditions.
5. Right of withdrawal
Transactions in the Epic Games Store Note: Insofar as the User makes a purchase in the Epic Games Store, he will enter into a contract with Epic Games and not with YAGER. Therefore, in regard to such purchase in the Epic Games Store, the terms and conditions of the Epic Games Store will apply. Any consumer right of withdrawal will be determined by the applicable Epic Games terms and conditions and the applicable laws. The applicable Epic Games Store terms and conditions and refund policy can be found here. Transactions directly with YAGER It is not foreseen that the User will make any direct contractual transactions and purchases with YAGER directly. However, in case the User will make any direct contractual transactions and purchases with YAGER, the following right of withdrawal will apply: Beginning — Right of Withdrawal You have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us YAGER Development GmbH (“YAGER”) Pfuelstraße 5 10997 Berlin Germany Phone: +49 30 695976-60 Email: firstname.lastname@example.org of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you have requested that the be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this agreement in relation to the total services provided for in the agreement. — End — —Beginning of Model Withdrawal Form — Model withdrawal form Complete and return this form only if you wish to withdraw from the contract. (*) Delete as appropriate. To YAGER Development GmbH (“YAGER”) Pfuelstraße 5 10997 Berlin Germany Email: email@example.com
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of the sale of the following goods (*)/ for the provision of the following service (*),
- Ordered on (*)/ received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
Please delete where inapplicable. — End Model Withdrawal Form