Term and Condition
1 Subject; Area of Validity
1.1 The following general terms and conditions regulate the use of online and mobile games and other services provided by We (hereinafter referred to as "We"), Theodorstr. 42-90, 22761 Hamburg, on We' websites and in app stores.
1.2 We offers online and mobile games and other services within the context of its technical and operational capabilities, with an average annual availability of 90% (ninety percent). This does not include periods of time during which the use of online and mobile games and other services are interrupted or affected due to urgent technical reasons or required maintenance work. We is not liable for these instances in accordance with the conditions of this contract. This also does not include periods of time in which We' general servers or the servers of certain games do not allow online access due to reasons beyond We' control (force majeure, third party responsibility, etc.).
1.3 We continuously updates, changes, and develops its online and mobile games and other services at its own discretion. Users can therefore only participate in the respective online game, mobile game, or other offer in its respective form provided at any given time. We retains the right to cease operating an online or mobile game or remove a specific service without explanation.
1.4 Online and mobile games and other services offered by We are intended solely for the purpose of entertainment. The use of these games or services for business or commercial purposes is strictly prohibited.
1.5 Users are responsible for ensuring that their own software and hardware is suitable and up-to-date.
1.6 In addition to these general terms and conditions, any existing rules of the respective online or mobile game shall also apply. In the case of an inconsistency between these general terms and conditions and the rules of the game, the provisions of these general terms and conditions shall take precedence when settling the instance of contradiction. In addition, specific terms and conditions shall also apply to certain online or mobile games, specific versions and/or components of online or mobile games, and individual services offered on We' websites as appropriate. Users will be appropriately informed of any specific terms and conditions prior to use of the respective offer.
1.7 Users have the opportunity to use the services of We' contractual partners for various online and mobile games and other services. In these cases, a separate contract between the user and the respective contractual partner of We shall be concluded. Users will be informed of this in an appropriate manner prior to concluding the contract.
1.8 Other provisions or general terms and conditions of a user, which deviate from We' general terms and conditions, shall only apply if We gives prior written consent to their validity.
2 Conclusion of Contract
2.1 In order to use the online and mobile games and other services provided by We, users must register for and, if needed, install the app in question.
2.2 Only natural persons are eligible for registration. Only individual persons are permitted to be authorized users (no groups, families, spouses or life partners, etc.).
2.3 Children under 16 years of age are not permitted to register.
2.4 Users are not permitted to download mobile games via the Apple App Store if they are:
• located in a country that is subject to an embargo by the US government or in a country that the US government classifies as supportive of terrorism.
• on the US government's list of prohibited or restricted parties.
2.5 Users must enter a player name and generally an email address registered to the user in order to register for the online games; the mobile games require a player name. Users have no claim to a particular player name. The selected player name may not infringe upon the rights of third parties and violate existing legal prohibitions or common decency. Moreover, no email or web address may be used as a player name. Users must ensure that the information provided to We during registration is genuine and complete.
2.6 Certain games also allow registration using Facebook login credentials. The data required for registration shall be taken from the user's Facebook account for this purpose.
2.7 Users must register for their accounts themselves. Registration performed via third parties, especially those that register individual people commercially at various service providers (registration services and/or entry services), is not permitted.
2.8 After successful registration, the user creates an account ("user account") which the user can manage independently. The user account cannot be transferred without the explicit consent of We.
2.9 Users have no right to claim registration or activation.
General User Obligations
3.1 User data
Users agree to immediately provide We with any future changes to data entered upon registration, in particular any change to the email address. Users are obliged to confirm for We the accuracy of their data upon request.
3.2 Login data, identification, passwords
3.2.1 Users are required to maintain strict confidentiality regarding all login data, identification, and passwords.
3.2.2 The terms "login data", "identification", and "passwords" include all letter and/or character and/or number sequences used to authenticate the user and prevent unauthorized use by third parties. The password should not be identical to the player name, and it should consist of a combination of numbers and letters.
3.2.3 Users are required to protect all login data, identification, and passwords from third-party access.
3.2.4 In the event that a user has reason to believe that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall inform We immediately and change their data or have it changed by We. In this case or in the event that We has concrete evidence of misuse of data, We has the right to temporarily block access to the user's account. If there is evidence of misuse of data, We shall inform the user.
3.2.5 Users are under no circumstances entitled to use the login data of another user, unless the rules of the respective online or mobile game or other service allow for exceptions.
3.3 Use of We' websites and website content
3.3.1 We' websites and mobile games include various content that is protected by trademarks, copyrights, or other means for the benefit of We or third parties. Unless explicitly permitted within these general terms and conditions, users may not edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes any of We' websites, mobile games, or the content or any portion thereof. Only technical copies intended for browsing purposes and permanent copies intended solely for private use shall be permitted. Copyright information and brand names may not be changed, hidden, or removed.
3.3.2 The term "content" includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided by We. The term "content" also includes, in particular, all services available for download.
3.3.3 Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of We' websites, any individual services and/or offers there, or its online and mobile games. Users are also required to abstain from any measure which may allow unauthorized access to data. Content may only be called up in a manner that does not affect other users' use of We' websites and content. The transfer of data or software that may affect the hardware or software of recipients is not permitted.
3.3.4 Any use of We' websites or mobile games for commercial purposes, especially advertising purposes, requires the express prior written consent of We.
3.3.5 Users are not entitled to publish content on We' websites, online games, mobile games, or other services.
3.3.6 We' websites may not be used via an anonymization service that hides the user's true IP address.
3.4 Use of client software
In the case of offers which require the prior installation of a client software, We grants the user an unrestricted, non-exclusive, non-transferable, personal, and time-limited in terms of the user agreement right to install the client software and use it for the agreed purposes according to these general terms and conditions and the rules of the respective game. The software may not be used for commercial purposes in any manner. Modifications to the client software and a back-translation of the relinquished programming code into other code forms (decompilation) and other types of reverse engineering of the software's various production levels are prohibited if these are not required for establishing interoperability. We is liable for damages to the user in accordance with the statutory liability provisions.
4 Specific Terms for the Use of Online and Mobile Games
4.1 The user may only take part in every round (e.g. World, Universe, etc.) of an online game or mobile game using one user account, unless the respective rules of the game allow for exceptions from this. The use of several user accounts by one user is not permitted. Multiuser accounts such as these may be deleted or banned at the reasonable discretion of We.
4.2 Users are prohibited from enacting any form of manipulative interference in online or mobile games. In particular, users are not entitled to utilize measures, mechanisms, or software that could interfere with the function or progress of the game. Users may not take measures that may cause an unreasonable or excessive burden on technical capacity. Users are not allowed to block, rewrite, or modify content generated by the game administration or to interfere with the game in any other manner.
4.3 Under no circumstances may users
a) create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the online or mobile games,
b) use software that allows the mining of data or otherwise intercepts or collects information in connection to the online and mobile games,
c) use virtual items that are being used in online or mobile games outside of the online or mobile games, purchase virtual items for "real" money, or sell or swap virtual items,
d) sell, buy, or trade user accounts.
This includes all circumventions, similar actions, or actions that produce an effect that matches the aforementioned bans.
4.4 Users are also prohibited from running the online game (including all individual web pages) with programs other than the internet browser or the client program that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement the web interface. Also prohibited are scripts and completely or partially automated programs that provide users with an advantage over other users. This includes auto-refresh functions and other integrated browser mechanisms if they concern automated procedures.
4.5 It is prohibited to apply measures that hide advertisements. It is of no significance whether advertising is deliberately hidden or can not be displayed in general e.g. by so-called pop-up blockers, text-based browsers, or similar.
4.6 The automated creation of user accounts, regardless of whether the home page is displayed or not, is not permitted.
4.7 We or contractors authorized by We hold all and exclusive rights to items used and virtual items provided in online or mobile games. Users will only receive a non-exclusive right of use to the virtual items for the duration of the user agreement.
4.8 Chip transfers
a) Giving chips as gifts
You may give chips to your buddies using the "send chips" tool. This tool is found by clicking on a picture of a buddy at the table or by viewing their profile page. However, you are not allowed to send these gifts in exchange for money or an equivalent to money. Doing so could result in your accounts being blocked or a chip penalty being stipulated at the reasonable discretion of We.
b) Chip transfers
The only permissible method for transferring chips between accounts is the "send chips" tool (see Point a). Losing chips on purpose (e.g. purposefully losing a poker hand at the table) in order to send chips to a buddy (or to yourself at another account) represents a breach of the general terms and conditions. Doing so could result in your account being blocked and a chip penalty being stipulated at the reasonable discretion of We.
c) Chip farming / scripting
The misuse of scripts or manual processes in order to create chips is not permitted. Doing so could result in We blocking the respective user account or stipulating a chip penalty.