End User License Agreement “The Cycle”
Terms and Conditions
YAGER Development GmbH
The following terms and conditions may be downloaded and stored or printed at any time. Table of Contents § 1 Scope
§ 2 Definitions
§ 3 Provider and Contractual Partner
§ 4 Specifications and Restrictions for of Use, In-Game-Features, Virtual Benefits and Premium Currency
§ 4.2 Devices and who is entitled to Play, Restrictions
§ 4.3 Genre
§ 4.4 In-Game-Features and Virtual Benefits
§ 4.5 General Ruleset for Virtual Benefits
§ 5 Requirements for Use
§ 6 Costs and additional costs
§ 7 Contractual Language
§ 8 Registration, Conclusion of Contract
§ 8.1 Registration
§ 9 Game Shop, Conclusion of Contract
§ 9.1 „Purchase“-Procedure
§ 9.2 Acquisition and Use of Virtual Benefits
§ 10 Right of Withdrawal
§ 11 User Account
§ 12 Granting of Rights by Users, Content
§ 13 General Obligations regarding User Conduct and Content
§ 14 Cheat Protection and Monitoring of Game Use and Game Performance
§ 15 Term and Termination, Blocking and Disabling Access (Sanctions)
§ 16 Liability
§ 17 Availability
§ 18 Consumer Information
§ 20 Applicable Law
- 1 Scope
- 2 Definitions
- 3 Provider and Contractual Partner
YAGER Development GmbH
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
- 4 Specifications and Restrictions of Use, In-Game-Features, Virtual Benefits and Premium Currency
4.1 YAGER provides access to the Website and the Game. YAGER uses third-party Services such as the Epic Games Account system and the Epic Games Store. The User can play the Game after setting up an Epic Games Account, downloading the Epic Games launcher, then downloading and installing the Game Client software from the Epic Games launcher. 4.2 Devices and who is entitled to Play, Restrictions 4.2.1 The original release of the Game will be for Windows PC exclusive to the Epic Games Store for the duration of 1 year. In the future, the Game may also be played on other platforms than Windows PC, including but not limited to game consoles or mobile devices. 4.2.2 Only natural persons may register for the Game and set up an Epic Games Account according to the Epic Games Terms of Service. Once Users have registered and set up an Epic Games Account they may play the Game in compliance with the Game Rules. Participation in the Services is for entertainment purposes only, any use of the Services for commercial purposes is prohibited unless specifically allowed in these Terms or the Game Rules. Promoting the Game on YouTube, Twitch and other video and streaming sites is permitted, but, in our sole discretion, we can withdraw that permission at any time by notifying the User in writing. 4.2.3 Only persons of legal age or persons whose legal guardians have provided consent to the use are allowed participation. At the time of registration for our Services, the User represents that he is of legal age and of legal capacity or that his legal guardians have provided consent. If the User is a minor, then the legal guardian must provide consent. We are entitled to request at any time written proof of the User’s legal age or the written consent of the legal guardian. As soon as a minor uses his User Account after he becomes of legal age, then all agreements in connection with him/her concluded before achieving legal age are deemed approved provided he does not revoke the approval toward YAGER within two weeks upon reaching legal age. 4.2.4 Restriction on Streaming of Game content: As a rule, it is not allowed for the User or any third party to stream Game gameplay and Game content just for subscribers of his own or of third parties for subscribers only (no sub only streams), including in particular but not limited to behind a paywall. All such rights are reserved by YAGER. 4.3 Genre The Game is what is known as a session-based multiplayer online competitive quest-shooter game taking place in a fictional game world. 4.4 In-Game-Features and Virtual Benefits The User may acquire Virtual Benefits from a Game-Shop in exchange for real money to use in connection with the Game. YAGER may restrict the award or use of Virtual Benefits based on your country of residence or other factors. YAGER may offer the opportunity to purchase Virtual Benefits from a Game-Shop for real money and to utilize Virtual Benefits directly in exchange for paying a fee. The User will be expressly notified if the service offered is not free and the User will be informed about his right of withdrawal (if any). YAGER informs the User of the respective features, requirements and prices of the Virtual Benefits prior to the purchase. The Virtual Benefits are available after the Users have made their payment, in some cases, depending on availability, using virtual currency or real money. Note: Some Virtual Benefits may also be received through gameplay or as part of a game pack. 4.4.1 Premium Currency 126.96.36.199 The User has the opportunity to acquire Aurum, the Premium Currency, for real money. Aurum can be used in-game to acquire Virtual Benefits, such as so called vanity Items, and other content or services that we may offer from time to time. 4.5 General Ruleset for Virtual Benefits 4.5.1 The User may only obtain Game content and Virtual Benefits from YAGER (or from any person or third party that YAGER authorizes for this purpose) and the User must not obtain content from any other person or attempt to do so. Users are prohibited from selling, purchasing, renting, leasing, offering, accepting, disseminating or copying Virtual Benefits, including Virtual Currency, within and/or outside the Game – in whatever form – to/from third parties unless expressly permitted by these Terms and Conditions or the Game Rules. An in game-system provided by the Game or by YAGER to trade Virtual Benefits of the Game constitutes such an exception. In this case, the transfer of Virtual Benefits from one User to the other is only permitted if the transfer takes place – no matter if within or outside the Game – either without any form of consideration or with consideration if the consideration consists solely of Virtual Property or Virtual Currency of the Game and such is transferred within the Game itself or via a function provided by the Game. The acquisition of Virtual Benefits in exchange for any form of consideration other than Virtual Property or Virtual Currency of the Game is expressly prohibited. If the User trades or exchanges Virtual Benefits on a large scale without a comparable value obtained within the Game, then it is assumed that the User violates this rule. The User is entitled to provide counter-evidence. 4.5.2 Virtual Benefits that can be bought for real money can often also be obtained in-game through other means, for example by purchasing them with Virtual Currency. When a Virtual Benefit is initially bought for real money for an Account, it counts as having been bought for real money for that Account only. As a general rule, Virtual Benefits bought for real money by an Account do not count as a having been bought for real money by any other Account, for example, if the other Account obtains that benefit via an in-game trade. If an Account buys a certain Virtual Benefit for real money, but also has obtained or obtains more of the same Virtual Benefit via in-game means, then every time the Account transfers, uses, consumes, trades, loses or spends a portion of that Virtual Benefit, it is assumed that those parts of the Virtual Benefit acquired with real money by that Account are used first. Under no circumstances shall we be required or liable to refund or compensate a User in relation to any Virtual Benefits that have not been bought for real money as defined above. 4.5.3 The User understands, accepts and agrees that he holds no interest, monetary or otherwise, in any feature or content contained in the Game, including without limitation the Accounts registered to him or any Virtual Benefits. 4.5.4 As a rule, Users may only use Virtual Benefits purchased for real money after they have expressed their consent and have acknowledged, prior to the purchase, that they lose their right of withdrawal. 4.5.5 There is no return policy on Virtual Benefits. Virtual Benefits acquired through virtual currency or real money cannot be exchanged back to virtual currency or real money subject to any constellation regulated in these Terms and Conditions. 4.5.6 YAGER may decide to change features of the Game at its own reasonable discretion, unless this is legally deemed to be unacceptable for the Users, and to cease offering its services, subject to the provisions regarding the termination of this Agreement. YAGER is entitled to reduce and/or increase the prices for Virtual Benefits with regard to the future and to create and sell new Virtual Benefits at any time. 4.5.7 YAGER may, in their sole and absolute discretion, make regular changes to the Game’s balance. This includes, but is not limited to, the power of particular items, the design of the game world, features of the game and the entire virtual economy. We will not be required to provide any in-game or out of game compensation for this. 4.5.8 YAGER can only make Game content and Virtual Benefits available to the User if it is legal for the User to have access to that content in the User’s home country or place of residence 4.5.9 YAGER cannot and does not guarantee that any and all Game content or Virtual Benefits will be available at all times, in all countries or territories, unless YAGER explicitly makes such a statement in regard to specific content .
- 5 Requirements for Use
5.1 Playing the Game requires the download of the Game from the Epic Games Store and permanent access to the internet and a suitable device that the Game can be played on. The system requirements depend on the operating system of the User. As of now, the Game may be played on Windows PC. Other platforms may be added in the future. Details about system requirements are published on the Website and can be found at https://thecycle.game/faq/. 5.2 The system requirements will increase from time to time, in line with technological progress. This means that older devices, which currently meet the minimum system requirements of the Game, might no longer be supported in the future.
- 6 Costs and additional costs
6.1 In order to play the Game, Users need to create an Account with Epic Games and download the Epic Games Launcher. 6.2 In the event Users purchase Virtual Benefits for real money via the Game Shop they enter into a contractual agreement with the operator of the Game Shop (e.g. Epic Games for the Epic Games Store), obliging them to pay the price shown in the Game Shop. If the purchase is made via a third party payment provider, Users have to bear the costs in connection with such purchase (as indicated in the Game Shop). 6.4 Accessing the Website is free of charge. There may be costs incurred by the connection to the internet and the Game Shop depending on the contractual agreement of the Users with the provider of their mobile, internet or other connection.
- 7 Contractual Language
7.1 The language of this Agreement is English. Translation of this Agreement into other languages might be available. 7.2 In case of conflict between the English version of the Agreement and the Agreement in any other language, the English version shall take precedence.
- 8 Registration, Conclusion of Contract
- 9 Game Shop, Conclusion of Contract
9.1 „Purchase“ Procedure 9.1.1 Via the Game Shop (as provided in the form of the Epic Games Store, see section 1.3 above) 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. 9.1.2 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. 9.1.3 A contract is concluded between the provider of the Game Shop and Users purchasing Virtual Benefits from the Game Shop, subject to a charge. 9.1.4 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. 9.2 Acquisition and Use of Virtual Benefits 9.2.1 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. 9.2.2 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). 9.2.3 No additional Contract using Virtual Benefits 9.2.4 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. 9.2.5 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. 9.2.6 Virtual Benefits cannot be changed back into legal tender or into (virtual or real) goods. No return and/or refund is possible.
- 10 Right of Withdrawal
10.1 Users may withdraw from this Agreement subject to the applicable laws. 10.2 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. Detailed information regarding the Users’ rights of withdrawal may be found at https://epicgames.helpshift.com/a/epic-games-store-and-launcher/?l=en&s=epic-games-store-refund-policy 10.3 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 10.4 Note: The User’s right of withdrawal expires if YAGER has begun with the performance of the Services or otherwise the contract after the User’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal, subject to the User being informed before about this effect. This applies in particular, but not limited to, the User’s purchase of Virtual Benefits from the Game Shop for real money, which the User may purchase and use in the Game, as a rule, only after the User has expressed his consent and has acknowledged, prior to the purchase, that he loses his right of withdrawal in this regard, subject to the User being informed before about this effect. This may lead to the effect, as the case may be, that the User has redeemed or activated a Virtual Benefit, it is not returnable, exchangeable, or refundable for other Game content, cash, goods or services.
- 11 User Account
- 12 Granting of Rights by Users, Content
12.1 By submitting information or content (“Content”) via upload or otherwise, the User acknowledges and accepts that the submitted Content to the Game or our Community can be accessed globally through the internet. 12.2 The User maintains all rights to Content submitted by uploading or otherwise provided by the User. By submitting Content to the Game, our Community or Service(s), the User grants us a non-exclusive, revocable, license, free of charge, to use the content within the Website and the Game including the Apps and for their promotion including the right to use the content in all known types of exploitation. The granting of rights also covers all unknown types of exploitation. The aforementioned rights include without limitation the following rights: 12.2.1 The right to reproduce, distribute, translate, rent out, exhibit, perform, communicate and make available to the public (by wire or wireless means), broadcast and join content in connection with the Website and the Game in any type and form with other work or products (including advertising), adapt and use such joint and adapted work within the scope of rights set out in this Agreement. 12.2.2 The right to use content not only within the Website and Game itself including the Apps but also via other internet media and other internet based manner of exploitation, i.e. RSS-feeds, other internet platforms and communities as well as other devices (i.e. mobile phones, game consoles, computers including mobile devices like laptops, PDA, MDA etc.) within the scope of rights set out in this Agreement. 12.3 This provision is not applicable to private messages or private chat. 12.4 In the event the User’s name is correlated with the Content uploaded by Users the Users waive their right to be named as the originator of the content. 12.5 The granting of rights to YAGER to use and publish the content within the Game or on the Website is free of charge. The above is notwithstanding Sections 32, 32a, 32c Copyright Act (Urheberrechtsgesetz). 12.6 Users may only upload Content they created and/or hold sufficient rights in (i.e. rights to use and exploit) allowing them the use in accordance with Section 12.2., in particular to communicate the Content and make it available to the public and to adapt and sublicense the content. 12.7 Users may only upload Content, in particular photos which show people other than then themselves, with the consent of these third parties. 12.8 YAGER does not assume liability for any Content, data or information provided by the Users of the Game including the Apps or the Website or for the content of external websites accessible by links. In particular YAGER does not warrant that this Content, data or information is true, serves a particular purpose or is fit to serve such a purpose. 12.9 YAGER merely provides the technical platform to publish the Content provided by Users. YAGER does not have control over the submitted Content and does not evaluate the uploaded Content before it is made public. YAGER only reviews Content if YAGER has been notified that the Content may be illegal. If YAGER becomes aware of illegal Content through a notification, then YAGER will exercise its rights to delete and immediately remove them or it will block access to this Content and it will investigate and perhaps initiate further sanctions against the User. YAGER encourages Users expressly to report any suspected illegal Content to customer Services to firstname.lastname@example.org 12.10 The aforementioned license does not generally end at that time when the contract with the User is terminated or ends otherwise. This license can be revoked by the User at any time. However, the User agrees that Content submitted by the User can in some instances not be removed in order to secure the integrity and well-functioning of the Website and the Game. In such cases, YAGER is not required to remove the Content of the User. YAGER will nevertheless do its best to minimize the consequences for the User in this regard and may remove the User’s name in connection with the Content. 12.11 YAGER will only edit any Content provided by the User if the Content is in breach of these Terms or Game Rules, and the editing can remedy that breach, or for technical reasons to ensure the error-free functioning of the Services. 12.12 The User may remove his contents at any time, subject to the restrictions mentioned above. This license expires accordingly once the User deletes the contents from the Game. YAGER is not obliged to provide any means for deletion. 12.13 In the event Users become aware of an illegal use of the Game including the Apps or the Website or of a use against the provisions of these Terms and Conditions the Users shall inform YAGER.
- 13 General Obligations regarding User Conduct and Content
13.1 Users are obliged to…
- only make public such information or content within the Game, the Apps and the Website as is permitted to be made available to the public including via the internet that do not breach the rights of third parties,
- comply with applicable laws and all rights of third parties when using the Services.
13.2 Users are forbidden to…
- distribute content including but not limited to pictures, videos, links, names, words (including member names, character names, guild names, etc.) (i) which contain political, religious, insulting, offensive, violent, inciting or glorify violence or war, sexist, pornographic, obscene or other objectionable matters, especially including racist, right extremist or left extremist content, persons or depictions; (ii) which are suitable to cause serious moral harm to children and young people or which threaten their wellbeing; (iii) which can damage the reputation of YAGER;
- make public such information or upload content, if applicable, that is racist, inhuman, offensive or immoral
- upload, offer or distribute any pornographic content, or to advertise, offer or distribute pornographic products or products contrary to the protection of young persons or make public any such information,
- harass other Users unreasonably (particularly with spam) i.e. by sending email invitations to other players without their implicit consent,
- offend other Users or damage the reputation of a third party by making a false or unjust statement,
- upload content protected by law (e.g. copyright, trademark, patent, or utility model or design law) or to advertise, offer or distribute goods or services without being entitled to do so,
- advertise services or products provided by themselves or third parties, in particular so called “gold sellers”
- block, overwrite, modify or copy the Game including the Apps and/or the Website completely or in part to more than the extent necessary for the proper use of the Game and the Website,
- distribute and publish third–party user–generated content with regard to the Game including the Apps and the Website outside of the Game unless this is provided by the Game’ and Website’s features; own user–generated content may only be reproduced if it does not infringe upon the rights of third parties and does not include parts of the Game including the Apps and the Website,
- act by any means which affects the functionality of the infrastructure of the Game including the Apps and the Website, in particular to overstrain it.
13.3 No Manipulation Users may only play the Game personally. They are not permitted to manipulate the Game or use technical tools that give Users an advantage over other players. In particular Users are forbidden to…
- modify the gaming experience by using software or mechanisms that may affect the function and the game play unless permitted by YAGER or the Game Rules,
- use software playing in place of the player (such as scripts or bots),
- use measures that may cause an unreasonable or excessive load on technical capacities,
- use measures that block, override or modify content or otherwise interfere with the Website or the Game,
- create or use cheats, mods and/or hacks as well as any other third party software that modifies the gaming experience of the Game unless permitted by the rules of the Game,
- Exchange or trade Virtual Benefits for a real money, digital currency such as Bitcoin, third party digital goods or services, or any other real world assets.
13.4 No Toxic In-Game Behaviour or Trolling When playing the Game and interacting with other players, Users shall adhere to the general standards of fairness and decent, civilized behavior. Users shall avoid to use insults and other toxic player behavior and trolling and other disruptive behaviour. 13.5 Data-mining
- Data-mining in the context of this clause is the process of digging through or scanning game data files and looking for information like maps, graphics, models, sounds, folder names or other information pertaining to the Game.
- Data-mining is allowed for personal use or to share data with the player community in a non-commercial manner, unless it falls under one of the exceptions below:
- Data that is connected in any way to monetization, real currency, the premium Game currency (Aurum), the in-game shop or other monetization areas is an exception and must not be data-mined or shared.
- Data that is connected in any way to the Seasonal updates and Battle Pass content is an exception and must not be data-mined or shared.
- Data-mining for commercial purposes is prohibited. For the avoidance of doubt: Video streams by players and player community contributors on video streaming platforms like for example Youtube or Twitch (for example in “Let’s Play” formats) shall be deemed non-commercial in the terms of this clause, even if that entails the streamer earning advertising revenue through these platforms from the platform operators.
- Data and information obtained through Data-mining as defined above may not be given to third parties or otherwise shared or published, unless one of the exceptions mentioned in the above paragraphs applies.
- Data-mining software, which automates the gathering and scanning of data, and also accelerates the analysis of said data in connection with the Game must not be used.
- User’s statutory rights under mandatory law, insofar as applicable, including insofar as German law is applicable namely the statutory right to decompilation for the purpose of achieving the interoperability with an independently created computer program (section 69e of the German Copyright Act) shall remain unaffected.
- 14 Cheat Protection and Monitoring of Game Use and Game Performance
14.1 YAGER may monitor use of the Game for a wide variety of different purposes, including preventing cheating and hacking, reducing toxic player behavior and trolling, and improving the Game performance and player experience. 14.2 YAGER uses the Kamu Game Security service (“Easy Anti-Cheat”), which is operated by a third-party service provider offering services to YAGER. Easy Anti-Cheat has a client software (“Client”) that is integrated into the Software Product. When you start a new Game session the Client will automatically load and install its latest version to the Unit. When you are using the Software Product on your Unit, Easy Anti-Cheat monitors the Unit, analyzing the Game binaries and scanning the memory of the Unit for the purpose of detecting and preventing cheating in the Game (“Purpose”). For this Purpose, Easy Anti-Cheat will store information regarding cheating methods used in the Game (“Data”). The Data will contain your personal data as described in the privacy statement of Easy Anti-Cheat. By installing, copying, or otherwise using this Software Product, you give your consent that Easy Anti-Cheat may gather, store, share and publish Data solely in regards to this Purpose. You also acknowledge and agree that the processing activities of Easy Anti-Cheat include automated decision-making which may have significant effects for you as you may be banned from the game if you have been found to be cheating in it. The Data will be used solely for the Purpose, including (but not limited to): identifying and banning player accounts which are used for cheating in computer games, analyzing cheating behavior and cheating codes, and sharing data about cheats with affiliates of Easy Anti-Cheat. You are entitled to use the Game (i.e. Software Product) only in accordance with these terms and conditions and privacy statement of Easy Anti-Cheat. You will find more information about the privacy practices of Easy Anti-Cheat on the company’s own privacy statement, which you can find at https://www.easy.ac/en-us/support/culling/account/privacy/. If you deny Easy Anti-Cheat the ability to process your personal data in accordance with the said privacy statement or request that Easy Anti-Cheat remove or delete your personal data, YAGER, Easy Anti-Cheat, or a third party (appointed by YAGER or Easy Anti-Cheat) has the right to block your access to the Game and prevent your use of the Game.
- 15 Term and Termination, Blocking and Disabling Access (Sanctions)
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. 15.8 Sanctions Notwithstanding any statutory or other contractual rights YAGER can temporarily or permanently restrict or disable access to the Game or the Services for any Users who are at fault for being in continued, repeated or severe breach of statutes, third party rights, Game Rules or these Terms and Conditions. YAGER may temporarily or permanently bar Users according to legal regulations. For example, YAGER may restrict the chat functionality or suspend a User from the forum if this User offends other Users in the forum or chat. As another example Users may be banned permanently if they use cheats or bots. Users having had their access rightfully disabled or having been banned may not create additional User Accounts without YAGER’s prior consent.
16.1 YAGER is liable according to the statutory provisions under the applicable law for damages of Users caused by intentional or grossly negligent conduct by YAGER or its vicarious agents and for personal injury and damages according to the German Product Liability Act. 16.2 In all other cases, YAGER ‘s liability for damages – irrespective of the legal grounds – shall be limited as stipulated in the provisions below unless a guarantee accepted by YAGER says otherwise: 16.2.1 YAGER shall only be liable for damages caused by slight negligence to the extent that such damages result from violating essential contractual obligations (cardinal duties), i.e. such obligations whose fulfillment is a prerequisite for properly fulfilling the Agreement and which Users may normally expect. Accordingly, insofar as YAGER is liable for slight negligence, YAGER liability shall be limited to the typically foreseeable damage. 16.2.2 YAGER’s liability for damages caused by loss of data and/or programs due to slight negligence is limited to the typical cost of restoration, which would have been incurred in case of regular and appropriate data backup by the Users. 16.3 The provisions of the above paragraph 15.2 apply accordingly to a limitation of the obligation to indemnify for futile expenses (section 284 German Civil Code). 16.4 The above limitations of liability apply in favor of YAGER’s vicarious agents as well. 16.5 YAGER is not liable for costs incurred by the Users for services which are expressly not offered by YAGER, in particular costs for data transfer to or from the Users’ mobile devices. 16.6 The parties agree that insofar as the providing of the Services can be considered a lease contract under German civil law, YAGER shall not be liable according to section 536a subsection 1 of the German Civil Code, and this statutory provision shall not be applicable (meaning: no warranty without culpability for defects present from the outset). 16.7
- IF YOU ACCESS THE GAME OUTSIDE OF EUROPE
NB.: THIS CLAUSE DOES NOT APPLY IF YOU ACCESS THE GAME IN EUROPE
- LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YAGER OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAME OR DEFECT IN OR CAUSED BY THE GAME, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF YAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, YAGER’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME OR REPLACEMENT OF THE GAME WITH PRODUCT OF COMPARABLE RETAIL VALUE, AS YAGER MAY ELECT IN ITS SOLE DISCRETION. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.
NB.: THIS CLAUSE DOES NOT APPLY IF YOU ACCESS THE GAME IN EUROPE
- Users agree to indemnify, defend and hold harmless YAGER and its affiliates and their respective officers, employees, directors, agents, Users (excluding you), sub-Users (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) User’s breach of any term of this Agreement; (b) User’s violation of any rights of any third party; or (c) User’s use or misuse of the Website or the Game including the Apps. User’s indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this Agreement.
- 17 Availability
17.1 Unless otherwise agreed, no specific availability of the Services, the Game and the Website is agreed. YAGER nevertheless strives to provide access to the Services, the Game and the Website for all Users 24 hours a day, 7 days a week. Temporary operational interruptions due to standard maintenance and inherent disruptions of the internet due to third party providers or third party network operators as well as instances of force majeure are possible. Accordingly, no continuous access to the Service is warranted to the User. 17.2 On a monthly average, YAGER will provide an availability of 90% for the Game, beginning with the official release of the Game, and specifically excluding any tests or test servers. Exempt from this are periods during which the Game cannot be reached due to problems beyond the influence of YAGER (e.g. force majeure, culpability of third parties, etc.). The periods during which regular maintenance takes place are also exempt therefrom. Also exempt are queue times that might occur if the Game’s traffic is higher than expected, in particular in the first weeks after the official release. YAGER shall not be liable for the unavailability if it is within the above parameters. YAGER ‘ liability for non-availability of the server shall remain unaffected in the case of intent and gross negligence. 17.3 With regard to mobile devices and the internet error free performance is not warranted. In particular, YAGER is not liable for the continuous availability of its technical system, nor for the completeness, accuracy or up to date nature of the information made available to the User by himself or other Users or third parties for errors in the transmission of data. 17.4 The Game and Website may not be accessible worldwide. Whether the Game and Website can be accessed fully or in a limited manner may depend on legal regulations and licensing requirements in particular countries. The description of the Game may include more details about this situation.
- 18 Consumer Information
Mandatory Consumer information regarding the Game may be found here: Consumer Information
- 20 Applicable Law
This Agreement and all disputes arising from it shall be governed by and construed in accordance with German law with the exception of the CISG, even if the User has his domicile abroad. In relation to Users who are consumers, this choice of law shall only apply insofar as the User is not deprived of such protection which is provided by mandatory statutory provisions, i.e. which cannot be waived by private agreement, of the country in which the User has his habitual residence. Effective August 01, 2019