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TERMS OF SERVICE
1. Scope
1.1. The following general terms and conditions apply to all services offered relating to the Stein browser game.
1.2. The following general terms and conditions apply to all Service Users
1.3. Conflicting general terms and conditions on the part of Service Users are expressly rejected.
1.4. In addition to these general terms and conditions, the Privacy Policy apply.
1.5. In addition, the law of the Federal Republic of Germany shall apply. UN Purchasing Right (CISG) and any other legal regulations do not apply.
2. Definitions
2.1. Service User
a. The Service User is the contractual partner. Upon completion of the Service Usage Agreement, the Service User shall ensure that he or she complies with the following criteria.
b. Service users can only be consumers.
c. The Service User must be of age. Minors can only become a party to the Service Usage Agreement if the consent of the legal representatives is present at the time of the conclusion of the contract.
d. The Service User must create an account with the required data.
2.2. Service Usage Agreement
The Service Usage Agreement is the present agreement between the Service User and the pg5-Studio in regard of the Stein service.
2.3. Service
a. Service
Service within the meaning of these general terms of service are all services provided by the pg5-Studio in connection with the video game Stein.
Basic Service The basic service is the service provided to the service user free of charge.
Premium Services The Premium Service is the service that pg5-Studio provides due to a separate contract for consideration for the service user. The Premium Service can be classified as either a One-Time Premium Service or a Continuing Premium Service.
b. Continuing Premium Service
The Continuing Premium Service is the service that the pg5-Studio continually provides against a time-based fee.
c. One-Time Premium Service
One-Time Premium Service is the service that the pg5-Studio provides singularly for a fee. This includes the granting of Gems, but not the granting of digital content, which is earned on the basis of these Gems by the service user.
2.4. Service Account
The Service Account is the Service User Account of the respective Service User.
2.5. Additional Costs
Additional Costs are those costs incurred by the Service User in order to be able to use the service, e.g. Cost of electricity, data transmission, hardware and software.
2.6. Login Data
Login Data is the personal access data of the service user that he needs to access his service account.
2.7. Digital Content
Digital Content is all game-related content that arises from a Service. They are classified as Basic Content and Premium Content.
2.8. Premium Content
Premium Content is Digital Content that arises from a Premium Service. These are, in particular, Gems. This does explicitly not include Digital Content that has been purchased with Gems. This content is Basic Content as specified in the meaning of 2.9.
2.9. Basic Content
Basic Content is all Digital Content that arises from a Basic Service.
2.10. Client Software
Client Software is the software provided by pg5-Studio, so that the Service User can use the Services of PG5-Studio.
3. Conclusion of Contract
3.1.
An offer is made solely for consumers. Any use for commercial or professional purposes is expressly prohibited.
3.2.
The Service Usage Agreement is concluded by setting up the Service Account in accordance with the following provisions.
3.3.
By submitting the duly completed registration form, the Service User submits a binding offer to conclude the Service Usage Agreement.
3.4.
With the following activation of the Service Account pg5-Studio accepts the binding offer regarding the Service Usage Agreement.
3.5.
Upon completion of the Service Usage Agreement, the Service User accepts the general terms and conditions as binding, so that they become part of the Service Usage Agreement.
3.6.
The Service User may only close the contract in person. Registration by a third party (representative or similar agents) is excluded.
4. General Obligations of the Service User
4.1. Contact Details of the Service User
The Service User is obligated to provide the required Contact Details truthfully. Should these data change during the contractual relationship, the Service User is obliged to update this data. The Service User shall not use any tools that are intended to obscure his true identity.
4.2. Regarding the Services of pg5-Studio
a. The pg5-Studio Services are protected by copyright, trademark and by other means. Therefore, the Service User is not allowed to make any unauthorized processing, alteration, duplication, distribution, exhibition or presentation of the pg5-Studio Services.
b. The unauthorized interference of pg5-Studio Services by the Service User is prohibited.
c. The Client Software provided may only be used by the Service User for the purpose of using the pg5-Studio Services and only for the duration of this Service Usage Agreements. The Client Software shall not be used beyond this purpose.
d. The Service User has the duty to obey the rules of the game. It is expressly referred to the rules of the current version, which can be found at https://stein.world/roc.
e. The Service User has the obligation to comply with all applicable laws.
f. The pg5-Studio Services shall only be accessed with an Internet browser or the client software provided by pg5-Studio. The pg5-Studio Services may not be used with other programs or other technical tools.
g. Unless otherwise specified in this Agreement, the Service User shall not be entitled to exchange, replace or change back any of the Basic Services in Premium Services.
4.3. Regarding Service Account and Login Data
a. The Service User has the obligation to keep his Login Data secret. He shall not reveal them either in parts or completely to another person.
b. The Service User has the obligation to inform pg5-Studio immediately if there is a concern of misused data.
c. Each Service User shall only use his own Login Data and access his own Service Account. The use of someone else's Login Data as well as access to someone else's Service Account is expressly forbidden.
d. Each Service User shall have only one Service Account.
4.4. Concerning Means of Communication
a. The Service User is prohibited to distribute content by the Means of Communication made available by pg5-Studio of any kind
which violates applicable law
which has advertising character
which contains a chain letter / a snowball system
which is otherwise political, obscene, violent or sexual.
b. In addition, pg5-Studio only provides the Service User with the possibility of communication and distances itself from the content set by the Service User. Furthermore, pg5-Studio independently endeavors to investigate the content of the Service in a sample-by-sample manner and at the request of a Service User or other third parties to intervene, if the set content contradicts the aforementioned conditions in (a.).
4.5. Use Rights Granted
The Service User grants pg5-Studio the exclusive right to use the content he has set as part of the pg5-Studio Services.
5. General rights of pg5-Studio
5.1.
pg5-Studio expressly reserves itself the right to remove the content of the Service User that violates the terms of the contract or the applicable law. The Service User shall not be entitled to have content be restored or released which was removed according to the aforementioned sentence.
5.2.
Contract conform content of the Service User can be changed in form by pg5-Studio or shifted in any way, as far as this seems appropriate. It can also be deleted if it has become insubstantial.
5.3.
Furthermore, pg5-Studio can take the following actions against Service Users which violate the Terms of Service.
Make a warning to the Service User.
Withdraw virtual goods of any kind wholly or partially of the Service User
Disable a part or the entire service temporarily or permanently for the Service User
Temporarily suspend the Service User Account.
Declare a permanent exclusion of the Service User from the Service by way of an irretrievable deletion of the Service User Account. The conditions described in section 7 apply accordingly.
5.4.
pg5-Studio reserves itself the right to take any of the abovementioned actions at its sole reasonable discretion. The actions shall not be taken, if the Service User proofs that he is not responsible for the violation of this Terms of Service.
5.5.
pg5-Studio reserves its right to change the service and the game world at any time. The term "change" means the expansion, restriction and the temporal reset of the game world and the Service. However, pg5-Studio can only restrict and reset the game world and the Service under the following conditions:
It must inform the Service User immediately
It has to compensate the Service User for his/her lost Premium Contents in money or in a comparable kind and quantity of Premium Contents. The choice of compensation is up to pg5-Studio and will be executed at at their sole discretion. In the former case, the money is returned to the Account deposited by the Service User. In the latter case, a numerically equal number of Premium Content is granted to the Service Account of the Service User.
There must be a good reason for the temporal reset or restriction of the game world
A good reason is, in particular, technical and operational reasons within the meaning of (10.2) and (10.3)
6. General rights of the Service User
6.1.
The Service User has the right to use the Service.
6.2.
The Service User's right to use the Service is not transferable.
6.3.
The Service can be altered at any time. There is only a right to use the Service in the respectively present form.
6.4.
Access to the Service is granted only through the Service Account which was set up by the Service User for this purpose.
6.5.
The usage and disposal rights for all Basic and Premium Content is granted to the Service User in the extent as stipulated in this contract. In particular, the Service User is not entitled to assign Basic and Premium Content to any other person without the prior consent of pg5-Studio. (5.5) and (10.11) of this Agreement shall remain unaffected.
7. Revocation of the Contract
7.1. Right of withdrawal
You have the right to withdraw from this 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 (pg5-Studio UG (haftungsbeschränkt), Neusönnerstr. 8, 81825 München, Deutschland, [email protected]) 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.
7.2. 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.
7.3. Particular Note
The Right of withdrawal of the Service User for the Game use Contract or the Contract for the purchase of premium services expires prematurely when pg5-Studio has provided the Service completely and has only begun with the execution of the Service, after the Service User has given his express consent and has confirmed his knowledge that he loses his Right of withdrawal by pg5-Studio upon full completion of the contract.
The Right of withdrawal of the service user expires prematurely if PG5 Studio has begun the execution of the game usage contract or the contract for the acquisition of premium services after the service user has explicitly agreed that PG5-Studio starts the execution of the respective contract before expiry of the period of revocation and has confirmed his knowledge that his right of withdrawal will be lost at the beginning of the execution of the contract.
To exercise your right of withdrawal, you must inform us of your decision to revoke this agreement by means of a clear statement (for example e-mail or a letter sent by mail). You can use the sample revocation form included in Annex 1, but this is not required.
For such repayment, pg5-Studio will use the same means of payment as the Service User have used in the original transaction, unless the there is expressly another agreement with the Service User, in no case will you be charged fees for these repayments.
8. Procedure for modification of the Terms of Service
8.1.
The Service User will be informed of any alterations to these Terms of Service and the contents of the so altered Terms of Service. The information is made by way of opening a special window when the Service User is logging into the Service Account for the first time after the alteration of the Terms of Service is announced by pg5-Studio. The Service User will also be informed by pg5 Studio, via the e-mail about the change of the Terms of Service and the contents of the new Terms of Service. The e-mail will be send to the e-mail address deposited by the Service User.
8.2.
This notification shall also constitutes an offer to alter the existing Terms of Service from pg5-Studio to the Service User (Alteration Offer).
8.3.
The Alteration Offer is accepted by the Service User by clicking on the button "I agree to the modification of the Terms of Service".
8.4.
The access to the Services of pg5-Studio is not possible, until the Service User accepts the Alteration Offer. If the Service User does not accept the Alteration Offer within a period of one month after submission of the Alteration Offer (“One Month Period”), all contractual obligations of PG5-Studio against the Service User shall be suspended until acceptance of the Alteration Offer by the Service User. Apart from that the Terms of Service shall be effective during the One Month Period in the last version that the Service User has approved. If the modification offer is accepted later by the Service User, the contractual relationship shall be continued from this date on. The Service User can not claim any contractual rights from legal or actual events that have occurred during the suspension of the contractual relationship.
8.5.
If the Service User rejects the Alteration Offer, pg5-Studio is entitled to terminate the contract without prior notice, with the result that the Service Account will be deleted immediately. This shall be deemed as a cause of termination for which the Service User is not responsible, so that the legal consequences as stipulated in section (10.11) sentence 1 of this Terms of Service shall occur. Until the effective date of the termination of the contract, the last accepted Terms of Service continue to apply.
9. Liability
9.1.
The Liability of pg5-Studio for their own as well as their attributable third-party fault for its legal representatives and vicarious agents is limited to intent and gross negligence.
Notwithstanding the foregoing, the liability for injury to life, body and health as well as the liability according to the German Product Liability Act (Produkthaftungsgesetz) shall in all cases fully maintain.
A Liability for minor negligence shall also maintain if it is a matter of essential contractual obligations (Kardinalspflichten) or if pg5-Studio has guaranteed the fulfillment of the breached duty. Essential contractual obligations (Kardinalspflichten) shall be understood as obligations which make the proper execution of the contract possible, obligations whose infringement endanger the realization of the contractual purpose and whose fulfillment the Service User may reasonably trust. However, pg5-Studio is only liable for contractually typical and foreseeable damage with regard to the aforementioned essential contractual obligations (Kardinalspflichten).
9.2.
For the loss of data caused negligently by pg5-Studio the Service User shall not be entitled to claim damages.
9.3.
pg5-Studio is not liable for any costs which are offered to the Service User by the use of services outside the performance spectrum of pg5-Studio itself.
10. Termination of the Contract
10.1.
The contract between the Service User and the pg5-Studio is closed indefinitely.
10.2.
The contract may be terminated by either party at any time at the end of the respective month in which the notice of termination of the respective party is received.
10.3.
The contract may be terminated by either party without notice for good cause. A good cause is in particular when:
the Service User is in delay with the payment against pg5-Studio or the Service User unauthorizedly withdraws his already paid payment.
the Service User uses unauthorized services from pg5-Studio even though he is not allowed to use it because of the above mentioned terms of contract.
the Service User otherwise seriously disregards his contractual obligations or continues to disregard the rules of the game. Continued disregard begins with the second infringement of the rules of the game. A gross violation shall be understood as intentional, grossly negligent or negligent, but objectively serious behavior.
the Service User violates other laws, unless the Service User is not responsible for these violations.
pg5-Studio stops the game operation.
in the case of para. 7.5 in this Service Usage Agreement
in the case of para. 12.2 in this Service Usage Agreement
10.4.
The termination notice of the Service of the Service User must be given in text form according to sec. 126b of the german civil code.
10.5.
A termination notice via post mail shall be addressed to
pg5-Studio UG (haftungsbeschränkt)
Neusönnerstr. 8
81825 Munich
Germany
A termination notice via e-mail shall be addressed to the e-mail address [email protected]
10.6.
The Termination notice of pg5-Studio is sent via e-mail to the e-mail address provieded by the Service User.
10.7.
The legal consequence of a termination is that the mutual contractual relations between the Service User and pg5-Studio cease to exist by the termination date.
10.8.
If the Service User explicitly wishes to delete his Service Account immediately in the termination notice, pg5-Studio will fulfill this request until the termination date. This does not include the data of the affected Service User as long as and as far as pg5-Studio has an interest in documentation and proof. This applies in particular to accounting documents from the purchase of Premium Services until the relevant statutory period of limitation.
10.9.
In other cases, the Service User Account is suspended untill the termination date is reached. The account will be deleted automatically after a period of 3 months. (10.8) sentence 2 shall apply mutatis mutandis.
10.10.
By terminating, the Service User loses all contractual rights by the termination date, in particular all rights to the Digital Contents provided by pg5-Studio.
10.11.
As far as Premium Content is concerned, the Service User is only entitled to reclaim the amount of money paid, if PG5 Studio terminates for reasons that are beyond the Service User's control. In this case, the money will be repaid to the account deposited by the Service User. Alternatively, the Service User may claim that the Premium Content shall be transferred to another Service Account. Furthermore, for the loss of basic and premium content resulting from the termination of the contract, the service user won't receive any gems, money or transfer possibility to another service account.
11. Interruption of the game operation for urgent technical or operational reasons
11.1.
For technical or operational reasons, pg5-Studio reserves themselves the right to suspend or restrict the Service so that the Service Users have no or restricted access to the service during that period of time.
11.2. Technical reasons are in particular
A failure of the server and / or computer infrastructure of pg5-Studio
Required maintenance on the server or computer infrastructure of pg5-Studio
Required updates on the Service
Software errors at the Service or the software directly connected with the Service
11.3. operational reasons
temporary personal shortcomings, so that the game operation can not be guaranteed
Relocation of server locations
11.4. legal reasons
Change of legal
administrative or judicial injunctions, rulings, decisions, and other such
12. Set-off Restriction / Restriction of Rights of Retention
12.1.
The Service User shall only be entitled to charge up against a counterclaim of pg5-Studio with uncontested claims or claims that have been recognised by declaratory judgement.
12.2.
In addition to the right of retention as mentioned in Sec. 320 of the German Civil Code (BGB), the Service User can only claim such rights of retention against pg5-Studio which arise from the Service Contract.
13. Data Protection
13.1.
The Service User agrees to the storage and processing of his data by logging in to the Service Account and the use of the Services for the purpose of opening the Service Account.
13.2.
If the Service User wishes to delete his / her data, he / she has to inform pg5-Studio by post mail or via email to the address mentioned in (10.5.). In this case, pg5-Studio is entitled to terminate the Service Usage Agreement by good cause, without observing a notice period.
13.3.
In addition, the Data Privacy Policy of pg5-Studio applies.
14. Final Provisions
If the Service User is domiciled or habitually resident outside the Federal Republic of Germany, the statutory seat of pg5-Studio is court. This also applies if the place of residence or habitual residence of the Service User is unknown at the time the complaint is brought.
For any inconsistencies, conflicts and deviations between this language version of the Terms of Service and the German Version of the Terms of Service - both in their respective actual form - the German Version shall be the decisive one. The German version of the Terms of Service can be found: https://stein.world/tos_de
Annex1: Sample Revocation Form
(complete and return this form only if you wish to withdraw from the contract.)
To pg5-Studio UG (haftungsbeschränkt), Neusönnerstr. 8, 81825 München, Deutschland, [email protected]:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if this form is notified in writing)
Date
(*) Delete as appropriate.
1. Scope
1.1. The following general terms and conditions apply to all services offered relating to the Stein browser game.
1.2. The following general terms and conditions apply to all Service Users
1.3. Conflicting general terms and conditions on the part of Service Users are expressly rejected.
1.4. In addition to these general terms and conditions, the Privacy Policy apply.
1.5. In addition, the law of the Federal Republic of Germany shall apply. UN Purchasing Right (CISG) and any other legal regulations do not apply.
2. Definitions
2.1. Service User
a. The Service User is the contractual partner. Upon completion of the Service Usage Agreement, the Service User shall ensure that he or she complies with the following criteria.
b. Service users can only be consumers.
c. The Service User must be of age. Minors can only become a party to the Service Usage Agreement if the consent of the legal representatives is present at the time of the conclusion of the contract.
d. The Service User must create an account with the required data.
2.2. Service Usage Agreement
The Service Usage Agreement is the present agreement between the Service User and the pg5-Studio in regard of the Stein service.
2.3. Service
a. Service
Service within the meaning of these general terms of service are all services provided by the pg5-Studio in connection with the video game Stein.
Basic Service The basic service is the service provided to the service user free of charge.
Premium Services The Premium Service is the service that pg5-Studio provides due to a separate contract for consideration for the service user. The Premium Service can be classified as either a One-Time Premium Service or a Continuing Premium Service.
b. Continuing Premium Service
The Continuing Premium Service is the service that the pg5-Studio continually provides against a time-based fee.
c. One-Time Premium Service
One-Time Premium Service is the service that the pg5-Studio provides singularly for a fee. This includes the granting of Gems, but not the granting of digital content, which is earned on the basis of these Gems by the service user.
2.4. Service Account
The Service Account is the Service User Account of the respective Service User.
2.5. Additional Costs
Additional Costs are those costs incurred by the Service User in order to be able to use the service, e.g. Cost of electricity, data transmission, hardware and software.
2.6. Login Data
Login Data is the personal access data of the service user that he needs to access his service account.
2.7. Digital Content
Digital Content is all game-related content that arises from a Service. They are classified as Basic Content and Premium Content.
2.8. Premium Content
Premium Content is Digital Content that arises from a Premium Service. These are, in particular, Gems. This does explicitly not include Digital Content that has been purchased with Gems. This content is Basic Content as specified in the meaning of 2.9.
2.9. Basic Content
Basic Content is all Digital Content that arises from a Basic Service.
2.10. Client Software
Client Software is the software provided by pg5-Studio, so that the Service User can use the Services of PG5-Studio.
3. Conclusion of Contract
3.1.
An offer is made solely for consumers. Any use for commercial or professional purposes is expressly prohibited.
3.2.
The Service Usage Agreement is concluded by setting up the Service Account in accordance with the following provisions.
3.3.
By submitting the duly completed registration form, the Service User submits a binding offer to conclude the Service Usage Agreement.
3.4.
With the following activation of the Service Account pg5-Studio accepts the binding offer regarding the Service Usage Agreement.
3.5.
Upon completion of the Service Usage Agreement, the Service User accepts the general terms and conditions as binding, so that they become part of the Service Usage Agreement.
3.6.
The Service User may only close the contract in person. Registration by a third party (representative or similar agents) is excluded.
4. General Obligations of the Service User
4.1. Contact Details of the Service User
The Service User is obligated to provide the required Contact Details truthfully. Should these data change during the contractual relationship, the Service User is obliged to update this data. The Service User shall not use any tools that are intended to obscure his true identity.
4.2. Regarding the Services of pg5-Studio
a. The pg5-Studio Services are protected by copyright, trademark and by other means. Therefore, the Service User is not allowed to make any unauthorized processing, alteration, duplication, distribution, exhibition or presentation of the pg5-Studio Services.
b. The unauthorized interference of pg5-Studio Services by the Service User is prohibited.
c. The Client Software provided may only be used by the Service User for the purpose of using the pg5-Studio Services and only for the duration of this Service Usage Agreements. The Client Software shall not be used beyond this purpose.
d. The Service User has the duty to obey the rules of the game. It is expressly referred to the rules of the current version, which can be found at https://stein.world/roc.
e. The Service User has the obligation to comply with all applicable laws.
f. The pg5-Studio Services shall only be accessed with an Internet browser or the client software provided by pg5-Studio. The pg5-Studio Services may not be used with other programs or other technical tools.
g. Unless otherwise specified in this Agreement, the Service User shall not be entitled to exchange, replace or change back any of the Basic Services in Premium Services.
4.3. Regarding Service Account and Login Data
a. The Service User has the obligation to keep his Login Data secret. He shall not reveal them either in parts or completely to another person.
b. The Service User has the obligation to inform pg5-Studio immediately if there is a concern of misused data.
c. Each Service User shall only use his own Login Data and access his own Service Account. The use of someone else's Login Data as well as access to someone else's Service Account is expressly forbidden.
d. Each Service User shall have only one Service Account.
4.4. Concerning Means of Communication
a. The Service User is prohibited to distribute content by the Means of Communication made available by pg5-Studio of any kind
which violates applicable law
which has advertising character
which contains a chain letter / a snowball system
which is otherwise political, obscene, violent or sexual.
b. In addition, pg5-Studio only provides the Service User with the possibility of communication and distances itself from the content set by the Service User. Furthermore, pg5-Studio independently endeavors to investigate the content of the Service in a sample-by-sample manner and at the request of a Service User or other third parties to intervene, if the set content contradicts the aforementioned conditions in (a.).
4.5. Use Rights Granted
The Service User grants pg5-Studio the exclusive right to use the content he has set as part of the pg5-Studio Services.
5. General rights of pg5-Studio
5.1.
pg5-Studio expressly reserves itself the right to remove the content of the Service User that violates the terms of the contract or the applicable law. The Service User shall not be entitled to have content be restored or released which was removed according to the aforementioned sentence.
5.2.
Contract conform content of the Service User can be changed in form by pg5-Studio or shifted in any way, as far as this seems appropriate. It can also be deleted if it has become insubstantial.
5.3.
Furthermore, pg5-Studio can take the following actions against Service Users which violate the Terms of Service.
Make a warning to the Service User.
Withdraw virtual goods of any kind wholly or partially of the Service User
Disable a part or the entire service temporarily or permanently for the Service User
Temporarily suspend the Service User Account.
Declare a permanent exclusion of the Service User from the Service by way of an irretrievable deletion of the Service User Account. The conditions described in section 7 apply accordingly.
5.4.
pg5-Studio reserves itself the right to take any of the abovementioned actions at its sole reasonable discretion. The actions shall not be taken, if the Service User proofs that he is not responsible for the violation of this Terms of Service.
5.5.
pg5-Studio reserves its right to change the service and the game world at any time. The term "change" means the expansion, restriction and the temporal reset of the game world and the Service. However, pg5-Studio can only restrict and reset the game world and the Service under the following conditions:
It must inform the Service User immediately
It has to compensate the Service User for his/her lost Premium Contents in money or in a comparable kind and quantity of Premium Contents. The choice of compensation is up to pg5-Studio and will be executed at at their sole discretion. In the former case, the money is returned to the Account deposited by the Service User. In the latter case, a numerically equal number of Premium Content is granted to the Service Account of the Service User.
There must be a good reason for the temporal reset or restriction of the game world
A good reason is, in particular, technical and operational reasons within the meaning of (10.2) and (10.3)
6. General rights of the Service User
6.1.
The Service User has the right to use the Service.
6.2.
The Service User's right to use the Service is not transferable.
6.3.
The Service can be altered at any time. There is only a right to use the Service in the respectively present form.
6.4.
Access to the Service is granted only through the Service Account which was set up by the Service User for this purpose.
6.5.
The usage and disposal rights for all Basic and Premium Content is granted to the Service User in the extent as stipulated in this contract. In particular, the Service User is not entitled to assign Basic and Premium Content to any other person without the prior consent of pg5-Studio. (5.5) and (10.11) of this Agreement shall remain unaffected.
7. Revocation of the Contract
7.1. Right of withdrawal
You have the right to withdraw from this 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 (pg5-Studio UG (haftungsbeschränkt), Neusönnerstr. 8, 81825 München, Deutschland, [email protected]) 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.
7.2. 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.
7.3. Particular Note
The Right of withdrawal of the Service User for the Game use Contract or the Contract for the purchase of premium services expires prematurely when pg5-Studio has provided the Service completely and has only begun with the execution of the Service, after the Service User has given his express consent and has confirmed his knowledge that he loses his Right of withdrawal by pg5-Studio upon full completion of the contract.
The Right of withdrawal of the service user expires prematurely if PG5 Studio has begun the execution of the game usage contract or the contract for the acquisition of premium services after the service user has explicitly agreed that PG5-Studio starts the execution of the respective contract before expiry of the period of revocation and has confirmed his knowledge that his right of withdrawal will be lost at the beginning of the execution of the contract.
To exercise your right of withdrawal, you must inform us of your decision to revoke this agreement by means of a clear statement (for example e-mail or a letter sent by mail). You can use the sample revocation form included in Annex 1, but this is not required.
For such repayment, pg5-Studio will use the same means of payment as the Service User have used in the original transaction, unless the there is expressly another agreement with the Service User, in no case will you be charged fees for these repayments.
8. Procedure for modification of the Terms of Service
8.1.
The Service User will be informed of any alterations to these Terms of Service and the contents of the so altered Terms of Service. The information is made by way of opening a special window when the Service User is logging into the Service Account for the first time after the alteration of the Terms of Service is announced by pg5-Studio. The Service User will also be informed by pg5 Studio, via the e-mail about the change of the Terms of Service and the contents of the new Terms of Service. The e-mail will be send to the e-mail address deposited by the Service User.
8.2.
This notification shall also constitutes an offer to alter the existing Terms of Service from pg5-Studio to the Service User (Alteration Offer).
8.3.
The Alteration Offer is accepted by the Service User by clicking on the button "I agree to the modification of the Terms of Service".
8.4.
The access to the Services of pg5-Studio is not possible, until the Service User accepts the Alteration Offer. If the Service User does not accept the Alteration Offer within a period of one month after submission of the Alteration Offer (“One Month Period”), all contractual obligations of PG5-Studio against the Service User shall be suspended until acceptance of the Alteration Offer by the Service User. Apart from that the Terms of Service shall be effective during the One Month Period in the last version that the Service User has approved. If the modification offer is accepted later by the Service User, the contractual relationship shall be continued from this date on. The Service User can not claim any contractual rights from legal or actual events that have occurred during the suspension of the contractual relationship.
8.5.
If the Service User rejects the Alteration Offer, pg5-Studio is entitled to terminate the contract without prior notice, with the result that the Service Account will be deleted immediately. This shall be deemed as a cause of termination for which the Service User is not responsible, so that the legal consequences as stipulated in section (10.11) sentence 1 of this Terms of Service shall occur. Until the effective date of the termination of the contract, the last accepted Terms of Service continue to apply.
9. Liability
9.1.
The Liability of pg5-Studio for their own as well as their attributable third-party fault for its legal representatives and vicarious agents is limited to intent and gross negligence.
Notwithstanding the foregoing, the liability for injury to life, body and health as well as the liability according to the German Product Liability Act (Produkthaftungsgesetz) shall in all cases fully maintain.
A Liability for minor negligence shall also maintain if it is a matter of essential contractual obligations (Kardinalspflichten) or if pg5-Studio has guaranteed the fulfillment of the breached duty. Essential contractual obligations (Kardinalspflichten) shall be understood as obligations which make the proper execution of the contract possible, obligations whose infringement endanger the realization of the contractual purpose and whose fulfillment the Service User may reasonably trust. However, pg5-Studio is only liable for contractually typical and foreseeable damage with regard to the aforementioned essential contractual obligations (Kardinalspflichten).
9.2.
For the loss of data caused negligently by pg5-Studio the Service User shall not be entitled to claim damages.
9.3.
pg5-Studio is not liable for any costs which are offered to the Service User by the use of services outside the performance spectrum of pg5-Studio itself.
10. Termination of the Contract
10.1.
The contract between the Service User and the pg5-Studio is closed indefinitely.
10.2.
The contract may be terminated by either party at any time at the end of the respective month in which the notice of termination of the respective party is received.
10.3.
The contract may be terminated by either party without notice for good cause. A good cause is in particular when:
the Service User is in delay with the payment against pg5-Studio or the Service User unauthorizedly withdraws his already paid payment.
the Service User uses unauthorized services from pg5-Studio even though he is not allowed to use it because of the above mentioned terms of contract.
the Service User otherwise seriously disregards his contractual obligations or continues to disregard the rules of the game. Continued disregard begins with the second infringement of the rules of the game. A gross violation shall be understood as intentional, grossly negligent or negligent, but objectively serious behavior.
the Service User violates other laws, unless the Service User is not responsible for these violations.
pg5-Studio stops the game operation.
in the case of para. 7.5 in this Service Usage Agreement
in the case of para. 12.2 in this Service Usage Agreement
10.4.
The termination notice of the Service of the Service User must be given in text form according to sec. 126b of the german civil code.
10.5.
A termination notice via post mail shall be addressed to
pg5-Studio UG (haftungsbeschränkt)
Neusönnerstr. 8
81825 Munich
Germany
A termination notice via e-mail shall be addressed to the e-mail address [email protected]
10.6.
The Termination notice of pg5-Studio is sent via e-mail to the e-mail address provieded by the Service User.
10.7.
The legal consequence of a termination is that the mutual contractual relations between the Service User and pg5-Studio cease to exist by the termination date.
10.8.
If the Service User explicitly wishes to delete his Service Account immediately in the termination notice, pg5-Studio will fulfill this request until the termination date. This does not include the data of the affected Service User as long as and as far as pg5-Studio has an interest in documentation and proof. This applies in particular to accounting documents from the purchase of Premium Services until the relevant statutory period of limitation.
10.9.
In other cases, the Service User Account is suspended untill the termination date is reached. The account will be deleted automatically after a period of 3 months. (10.8) sentence 2 shall apply mutatis mutandis.
10.10.
By terminating, the Service User loses all contractual rights by the termination date, in particular all rights to the Digital Contents provided by pg5-Studio.
10.11.
As far as Premium Content is concerned, the Service User is only entitled to reclaim the amount of money paid, if PG5 Studio terminates for reasons that are beyond the Service User's control. In this case, the money will be repaid to the account deposited by the Service User. Alternatively, the Service User may claim that the Premium Content shall be transferred to another Service Account. Furthermore, for the loss of basic and premium content resulting from the termination of the contract, the service user won't receive any gems, money or transfer possibility to another service account.
11. Interruption of the game operation for urgent technical or operational reasons
11.1.
For technical or operational reasons, pg5-Studio reserves themselves the right to suspend or restrict the Service so that the Service Users have no or restricted access to the service during that period of time.
11.2. Technical reasons are in particular
A failure of the server and / or computer infrastructure of pg5-Studio
Required maintenance on the server or computer infrastructure of pg5-Studio
Required updates on the Service
Software errors at the Service or the software directly connected with the Service
11.3. operational reasons
temporary personal shortcomings, so that the game operation can not be guaranteed
Relocation of server locations
11.4. legal reasons
Change of legal
administrative or judicial injunctions, rulings, decisions, and other such
12. Set-off Restriction / Restriction of Rights of Retention
12.1.
The Service User shall only be entitled to charge up against a counterclaim of pg5-Studio with uncontested claims or claims that have been recognised by declaratory judgement.
12.2.
In addition to the right of retention as mentioned in Sec. 320 of the German Civil Code (BGB), the Service User can only claim such rights of retention against pg5-Studio which arise from the Service Contract.
13. Data Protection
13.1.
The Service User agrees to the storage and processing of his data by logging in to the Service Account and the use of the Services for the purpose of opening the Service Account.
13.2.
If the Service User wishes to delete his / her data, he / she has to inform pg5-Studio by post mail or via email to the address mentioned in (10.5.). In this case, pg5-Studio is entitled to terminate the Service Usage Agreement by good cause, without observing a notice period.
13.3.
In addition, the Data Privacy Policy of pg5-Studio applies.
14. Final Provisions
If the Service User is domiciled or habitually resident outside the Federal Republic of Germany, the statutory seat of pg5-Studio is court. This also applies if the place of residence or habitual residence of the Service User is unknown at the time the complaint is brought.
For any inconsistencies, conflicts and deviations between this language version of the Terms of Service and the German Version of the Terms of Service - both in their respective actual form - the German Version shall be the decisive one. The German version of the Terms of Service can be found: https://stein.world/tos_de
Annex1: Sample Revocation Form
(complete and return this form only if you wish to withdraw from the contract.)
To pg5-Studio UG (haftungsbeschränkt), Neusönnerstr. 8, 81825 München, Deutschland, [email protected]:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if this form is notified in writing)
Date
(*) Delete as appropriate.