Special Terms and Conditions for the Paid Acquisition of Virtual Articles and the Arrangement of Fee-based Memberships

1
Subject of the Specials Terms and Conditions
 
These Special Terms and Conditions ("Conditions") regulate the paid acquisition of virtual articles and the establishment, implementation and end of fee-based memberships in relation to the online games made available by Gameforge 4D GmbH, Albert-Nestler-Straße 8, 76131 Karlsruhe ("Gameforge").
2
Special Terms and Conditions for the Paid Acquisition of Virtual Articles
2.1
The user can acquire a "Premium currency" in return for a payment. The "Premium currency" can have a different name in each of the online games.
2.2
The user submits an offer to conclude the agreement for the purchase of "Premium currency" by selecting within the relevant online game the amount of "Premium currency" he wishes to purchase and then clicking on the button bearing the words "Buy now" or a similar inscription. The agreement will be established once Gameforge has credited the user's user account with the Premium currency.
2.3
With the credit of the Premium currency the user acquires an ordinary, non-assignable right limited to the contractual period to acquire the virtual assets and benefits offered by Gameforge within the relevant online game and more closely described there, provided the "Premium currency" credited to the user account is sufficient for the purchase in question. The "Premium currency" shall be debited from the user account to the sum corresponding to the designated equivalent value of the virtual asset or benefit.
2.4
The purchase price of the Premium currency is paid using payment service providers integrated by Gameforge; these providers offer the user various methods of payment ("payment methods"). The user can select his preferred payment method from those available. The user is informed that normally a contract for the execution of the transaction made with his preferred payment service provider will be based on the terms and conditions of the provider in question.
2.5
The user may withdraw his offer pursuant to Section 2.2 at any time up to the completion of the individual steps required to trigger the payment transaction via a payment service provider as defined in Section 2.4. Up until this time it is also possible to correct data entries by clicking on the Back button in the browser.
2.6
The right of the user to the acquired Premium currency is subject to the condition subsequent of the ending of the license agreement regulated by the Standard Terms and Conditions of Use. In the event that the user account is blocked in accordance with Section 6.2 d) of the Standard Terms and Conditions of Use, Gameforge shall be entitled to refuse performance for the duration of the block.
2.7
The right to use the virtual assets or benefits acquired pursuant to Section 2.3 is subject to the condition subsequent of the ending of the license agreement regulated by the Standard Terms and Conditions of Use. The user has no entitlement to use the virtual assets or benefits for a minimum period of time, unless the description of the virtual asset or benefit specified a particular minimum period of time.
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Special Terms and Conditions for the Arrangement of Fee-based Memberships
3.1
By entering into a membership arrangement, for the (minimum) term selected by him the user shall gain access to special benefits within the online game (e.g. special functions, restricted-access areas), which are not available to non-members.
3.2
The user selects the (minimum) term of the membership and relevant price he is therefore required to pay. On the same page the user selects his payment method and the associated payment service provider. Sections 2.2, 2.4 and 2.5 apply accordingly. The amounts payable for the membership are payable in advance of the start of the relevant membership term.
3.3
Deviating from Section 8.1 of the Standard Terms and Conditions of Use, the membership can be canceled without notice at any time up to the end of the term in question. Cancellations may be issued by email or in writing. If a cancellation function is integrated into the user account administration, this can also be used to issue a cancellation. Provided the payment method selected by the user does not preclude an automatic renewal, following the end of the term the membership shall be automatically renewed by the originally agreed term unless it is canceled by one of the parties prior to expiry. Prior to entering into the membership arrangement, the user shall be informed of the possibility of automatic renewal or the absence thereof.
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Purchase of Premium currency and the arrangement of memberships on the behalf of the user
4.1
The contractual partner for services offered by Gameforge in accordance with Sections 2 and 3 of these Conditions may also be a person other than the user and who only purchases the services for the benefit of the user (contract to the benefit of third parties). This will be the case particularly if the owner of a means of payment for the purposes of Section 2.4 (e.g. the holder of a credit card, bank account, telephone line, etc.) wishes to acquire the service on offer for the user in question.
4.2
In the cases described in Section 4.1 the services in question may only be demanded from Gameforge by the holder of the user account to be credited. Gameforge directly credits the user in question.
5
Reimbursement of money and payment resources in the event of cancellation
5.1
Unless a statutory right of cancellation has been effectively exercised, a reimbursement of the payment remitted for unused "Premium currency" or for the remaining term of the membership is only possible in accordance with Section 8.5 of the Standard Terms and Conditions of Use.
5.2
In the event that the statutory right of cancellation is effectively exercised, Gameforge shall as a rule use the same means of payment that the user employed in making his payment. If this is not possible, the reimbursement shall be made by way of a bank transfer to an account designated by the payment beneficiary.
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Miscellaneous
6.1
No additional costs are incurred other than the basic charge for establishing and maintaining internet access and the price for the services of Gameforge pursuant to Sections 2 and 3.
6.2
Gameforge provides billing support via https://billing.gameforge.com/ and games support via http://support.gameforge.com/. No telephone support is provided.
 
Karlsruhe, June 2014
 
Gameforge 4D GmbH
Albert-Nestler-Straße 8
76131 Karlsruhe
Germany
 
Local court Mannheim, HRB 718029
Sales Tax ID: DE 814330106
Managing Directors: Alexander Rösner, Timothy Campbell