General Business Conditions of Mail.ru Games GmbH
Introduction
(1) "We", Mail.ru Games GmbH, headquartered at Anckelmannsplatz 1, 20537 Hamburg, Germany, offer you various games on the Internet, as well as associated services.
(2) Insofar as the terms "Game" or "Services" are used in these General Business Conditions (hereinafter referred to as "GBCs"), it is our games and services that are being referred to. The users of Mail.ru games and participants in the games and services are referred to as "Users" hereafter.
(3) You first have to register to participate in the games and be able to use the services. You do this by creating an account.
In detail
(1) These GBCs regulate the use of Mail.ru Games, the games themselves and the services we render in connection with Mail.ru Games and/or the games themselves. These GBCs do not concern issues that may be raised in connection with services rendered by third-parties, including access to the Internet.
(2) Mail.ru Games and the said games and services can be used on a personal computer connected to the Internet. If use takes place over other Internet-compatible end-devices, the functional scope and/or display may be limited.
(3) We herewith expressly reject the validity of your own or any other GBCs. Your own GBCs, or those of other users, only become a component of the contract if we have approved them expressly in writing.
(4) You can save or print these GBCs.
§2
Right of use
(1) Participating in our games and/or services is for entertainment purposes only. We therefore offer our games and services to consumers exclusively in accordance with §13 of the German Civil Code (GCC). You are not permitted to use the games and services for profit-making or any other commercial purposes.
(2) You only have a right to use the games and services if you are at least 18 years of age at the time you register, or if a legal guardian has approved their use. The rules of some of the games may prescribe that persons below a certain age are still not entitled to use them even if approved by a legal guardian. For this reason you should read the rules of each of the games carefully.
(3) By registering to use the games and/or services, you guarantee that (a) you have reached the age of majority and have the capacity to contract, or, (b) if you are still a minor, you have received the approval of a legal guardian.
(4) Prior to commencing use, if you are still a minor, you must submit a declaration of approval in writing or by email from your legal guardian at our request.
(1) Within the scope of existing technical and operational possibilities, we make it possible for you to participate in the games and services we offer over the Internet. Participating in these games serves is for entertainment purposes only. Their use for commercial purposes is prohibited.
(2) In individual games we may possibly provide you with a service that simulates the method of payment within the game ("ingame currency"). You should note that: this ingame currency is a game feature, and not real money. Each act of trading or exchanging the ingame currency against real money is expressly prohibited. We distance ourselves expressly from the exchange of ingame currency against real money.
(3) Please remember that virtual goods purchased in the game world do not represent "tangible goods" or "property" in terms of the law. They are merely a feature of the respective game. If you "purchase" virtual goods, it does not mean that you are their "owner". Instead we merely provide you with the possibility of using the corresponding game feature, even if the terms used might suggest something else. Notwithstanding all other agreements and our rights, this license also terminates if the existing contract between us and you terminates, especially if it is cancelled. Unless otherwise expressly regulated, the objects purchased and the still existing ingame currency expire.
(4) Insofar as the wording or the context used accounts for nothing else, the term "Sell", in relation to the transfer of virtual goods and the ingame currency, means the "transfer to you of the licenced right to use the ingame currency, the virtual goods, objects or other contents, against which a return has to be paid, and which is based on these GBCs". Correspondingly "Buy", "Fill up", or "Top up" also refer to the "issue of a license for using the currency, the virtual goods, objects and other contents against payment of a return, whereby the license is based on these GBCs." The terms "Buyer", "Seller", "Sale", "Purchase" and similar terms have corresponding meanings.
(5) We only make the games available to you after the creation of a customer account ("Account") (cf. §4). Using the game and services is possible free of charge at all times. For further information about chargeable premium items, premium functions, premium features and premium services ("premium services"), please refer to §13.
(6) We guarantee you 90% (ninety percent) availability of the games and services as a yearly average. Times at which online game servers are not available owing to technical and other problems, which are outside our sphere of influence (e.g. force majeure, the fault of third-parties), and times when routine maintenance work is carried out, are excepted from this. Our liability for non-availability of the games and services in the event of intent, or gross negligence remains unaffected by this. We retain the right to restrict access to the games and services, insofar as the safety of network operation, the maintenance of network integrity, and, in particular, the avoidance of serious outages in the network, the software or stored data, requires this.
(7) We make it possible for you to participate in the games and use the services by supplying the application required for participating over the respective URL for the games or services.
(8) You have no right to create an account or publish any content on Mail.ru Games.
(1) Participating in the games and using the services requires your prior registration.
(2) To sign in you need to apply to open an account. To this end you need to complete a form, which requires entering a variety of information. In order to be able to sign in correctly, you need to fill in all data fields flagged as "required" on the form. All information, irrespective of whether it is required or voluntary, should be correct.
(3) The contract between you and us concerning participation in the games and use of the services is formed upon our approving your application to open an account.
(4) We will confirm receipt of the application to open an account over an electronic channel to the email address you provide.
(5) In the game rules we reserve the right to prescribe that you are only permitted to participate in the respective game with one account ("prohibiting multi-accounts"). Even in those games where you are allowed to create more than one account, it is prohibited that several accounts communicate together or interact in any other manner ("prohibiting pushing"). In particular you are not allowed to use these accounts to create an advantage for one of your other accounts. We would like to clearly point out that breaching the prohibition on multi-accounts and/or the prohibition on pushing may lead to you being blocked immediately (see below §16).
(6) You are not permitted to transfer your account to third-parties.
You can cancel your declaration to enter into a license agreement or other premium services agreement in writing (e.g. by letter, fax or email) within the period of a month without specifying the reasons. The period starts on the date you receive these instructions in writing, however not before the contract is entered into and also not before Mail.ru Games GmbH has fulfilled its obligation to inform in acc. with Item 246 §2 in connection with §1 Sec. 1 and 2 Introductory Act to the German Civil Code (EGBGB), and its obligation in acc. with §312e Sec. 1 Clause 1 GCC in connection with Item 246 §3 EGBGB. Sending the cancellation before the period comes to an end suffices to comply with the deadline.
The cancellation is to be sent to:
Mail.ru Games GmbH
Anckelmannsplatz 1
20537 Hamburg,
Germany
Phone: +49 40 414342-0
Fax: +49 40 414342-499
Email: support@mailrugames.com
Managing Director: Ilya Mamontov
Consequences of cancelling your order
In the event of effective cancellation, any payments and goods and services received by both parties are to be returned and, where applicable, any benefits received are to be surrendered. This means that payments already made may not be paid back in full if the user has received benefits before the user declares his wish to cancel.
If the user cannot return the service received in whole or only partially, or in damaged condition, he may need to reimburse Mail.ru Games GmbH insofar as it is necessary. When returning the virtual goods this does not apply when deterioration of the same is based exclusively on it being checked, such as would have been possible for the customer in a store. The obligation to reimburse when returning the virtual goods exists, in particular, if he uses the service received in such a manner that it is incompatible with the tenets of civil law such as those relating to good faith or unjust enrichment. In all other cases the user can avoid the obligation to replace by not using the virtual goods as if they were their own, and doing nothing to impair their value.
Obligations to refund payments must be met within 30 days. For the user the period begins on the date he sends the statement of cancellation, and for Mail.ru Games GmbH, on the date of its receipt.
Premature termination and exclusion of the right to cancel
The right to cancel lapses prematurely insofar as services offered by Mail.ru Games GmbH are concerned, if the contract is fulfilled completely by both parties at the express wish of the user before the user has exercised his right to cancel. This is to be assumed here if the user has availed himself of the game or premium services, and has paid for them in full.
End of the cancellation policy
(1) After you have created an account you can participate in the respective game and and/or service by accessing the Mail.ru Games website or the respective game and, if necessary, starting the client, and signing in.
(2) You are only allowed to use the game and services via an Internet browser or game software ("client") that we provide separately ("prohibition on the use of non-authorized scripts"). The use of programmes that overload the server is especially prohibited. The same applies to the use of software for systematically or automatically controlling the game or individual game functions (bots, macros), and for duplicating or analysing the game, game elements or contents (also refer to §11 for more on this).
(3) The games and services are designed to give you and many other users of Mail.ru Games hours of fun. For this reason the games and services are updated, customized and enhanced continually. This provides you with the right to use the respective games and services in the currently valid version only. You should note that: you have no right to demand that games and/or services be maintained in the version that exists in the contract, or that a certain status be restored. You are therefore conscious of the fact that modifications to the games and services may, in particular, also result in the possible uses of the ingame currency or premium services (cf. §13).
(4) We reserve the right to discontinue the operation of games and/or services at any time without stating a reason. In this case, according to your choice, you can request that we credit any payments already made in advance (e.g. for the use of certain items) to other games and/or services that we operate, or that we reimburse them to you. Further claims are excluded insofar as they are not prescribed in these GBCs. Your right to immediate termination of contract for non-usable games and/or services remains unaffected by this.
(1) Your principal obligation to us is to make payment of the prescribed sum for the purchase of premium services (§13). Beyond this another of your principal obligations is the obligation to supply correct and complete details, which you provide us with on entering into the contract or renewing the contractual relationship. You therefore ensure that these personal details and other details (in particular your bank details and credit card number) are complete and correct. You undertake to inform us immediately of any changes to this data; you are to confirm this data appropriately if requested to do so by us. You are obliged to abide by the rules of the games. In the event of repeated breaches, despite warnings, we have the right to block you immediately from the contractual services and deliveries, and terminate the contract.
(2) The game instructions and game rules for the respective games and services are published on Mail.ru Games or the respective website for the game. You are aware that in these game worlds you will play with numerous other users and communicate with various users on Mail.ru Games and via the services. It is necessary to comply with the rules to ensure the success of this interaction. By participating you recognise as binding the game rules and the service requirements for participating. In all other cases you will refrain from everything that disrupts the operation of the games and the successful interaction referred to above.
(3) You are obliged to choose the information that you disseminate in the games and via the services of Mail.ru carefully. For this reason within the scope of services you are also obliged not to disseminate contents (for instance images, videos, links, names, words) with promotional, political, religious, defamatory, harassing, violent, sexist, pornographic, or any other morally reprehensible or offensive contents, persons, or representations, and, in particular, those of a racist or extreme right-wing or left-wing nature. Furthermore you also undertake not to use any legally protected terms, names, images, videos, music, games or other material. In case of doubt you must remove the contents that we have complained about immediately. We also have the right to remove them ourselves. You are to comply with all pertinent legal provisions at all times, and, in particular, those relating to parental control, data privacy, protection of personal rights, protection against defamation, copyright and trademark law, etc.
(4) You are not authorized to use the games, services or Mail.ru Games for commercial or illegal purposes. You are obliged to follow the rules.
A culpable breach of the aforementioned obligations gives us the right to delete the information published by you which breaches these obligations, or take preventative action. We have a particular right to do so if concrete criteria exist for a breach of these GBCs, the rules of the games, or services or laws.
Over and above this we have the right to exclude you from further participation in the services concerned, and to terminate your account immediately, in the event of a repeated breach of the aforementioned provisions, despite having being warned several times. We reserve the exclusive right to assert further claims, and, in particular, claims for damages.
(5) You will inform us if you come into the possession of knowledge concerning misuse of these service by third parties or other users (for instance, distribution and dissemination as referred to in §7 Sec. 3). To ensure effective intervention, please send this in writing (for instance, by email).
(1) You are aware that the contents you place on Mail.ru Games can be seen by third parties over the Internet worldwide. You declare that you agree to the provision of this information.
(2) You are responsible for the texts, files, images, photos, videos, sounds, works of music, copyrighted works and other material and information etc. placed and published by you on the net (hereinafter referred to as "published information"), that you make available on Mail.ru Games or exchange with other users. We neither appropriate these contents nor do we agree to them.
(3) We have no control over the information placed on Mail.ru Games. We do not check these contents before they are published. Insofar as we have knowledge of illegal contents, or receive such knowledge, we will delete it immediately. We do not accept any liability for these contents, nor, in particular, do we accept liability for correctness, completeness or integrity.
(1) We provide you with access to the games and services in the respective version that exists (§6 Sec. 3). You have no right to a certain status/functional scope of the game and/or service being maintained or established. You are aware that the games and services can never be completely free of deficiencies, as is the case with all software. Therefore games or services only count as being deficient if playing them or their use is seriously disrupted on a protracted basis.
(2) Any eventually occurring deficiencies in the games, services or miscellaneous services provided by us is always to be documented clearly and in detail and submitted in writing along with the log of the error notifications shown. Prior to notifying us of any deficiencies you are to consult the game or service manual, and any other help we provide on troubleshooting, (in particular lists of frequently asked questions and discussion forums on problems etc.). You are obliged to help us to the best of your ability in all matters relating to troubleshooting.
(3) You are to complain to us about deficiencies in writing immediately after their discovery. In the case of obvious deficiencies in virtual goods, you are to notify us of them within two weeks of receiving the goods. Sending notification or the notification of deficiency on time suffices for meeting the deadline. After the deadline has been reached and no complaint has been made, claims for deficiencies are excluded. For the purpose of securing evidence we recommend that you send all notifications of deficiencies to us in writing (by fax, letter or email).
(4) Excluded from the warranty are all those deficiencies caused by external influences, operator errors for which you are responsible, force majeure or modifications or other manipulations that we have not performed.
(5) We do not accept the transfer of warranties in legal terms.
(1) Insofar as Mail.ru Games provides services free of charge, Mail.ru Games does not accept liability for any damage except those caused with intent or owing to gross negligence. However this does not apply to liability leading to loss of life, impairment of health or physical injury, or, in the case of transfer, a warranty by Mail.ru Games. For advice Mail.ru Games only accepts liability insofar as it concerns questions asked in relation to games, services or Mail.ru Games.
(2) Insofar as Mail.ru Games demands payment for services, Mail.ru Games only accepts unlimited liability in the event of intent or gross negligence. In the event of slight negligence Mail.ru Games only accepts liability in the case of key contractual obligations or a warranty being breached. Key contractual obligations, also referred to as cardinal obligations, also include those obligations that initially make it possible to perform the contract and in whose fulfilment the user can trust.
(3) The aforementioned liability limitations do not apply to liability for loss of life, impairment of health or physical injury, or, in the event of a warranty transfer by Mail.ru Games. The liability of Mail.ru Games acc. to the German Product Liability Act (Produkthaftungsgesetz) and in areas relevant to §44a Telecommunications Act (TKG) remains unaffected.
(4) The obligation to pay compensation is limited to the foreseeable damages in each event of cardinal or key contractual obligations being breached. The foreseeable damages are limited to the amount of €20.00 per game and service.
(5) The preceding disclaimers or limitations apply with regard to the liability of our salaried employees, employees, co-workers, representatives and agents, in particular in favour of the shareholders, employees, representatives, organs and its members concerning their personal liability.
(6) We distance ourselves expressly from the contents of all pages that contain direct or indirect links pointing to or from our offering. We accept absolutely no liability for these contents and pages. The operators of the respective pages are responsible for these.
(1) The games and web pages are the exclusive property of Mail.ru Games or the respective licensor, or the said parties that hold the exclusive rights to them. The games and web pages are made available for the personal, non-commercial use of the user. Use must take place with the client we have provided, if necessary, or a standard Internet browser (also see examples of prohibited behaviour under §7 Sec. 3). Transferring or transmitting the game, the software or any other components to third-parties is not permitted, unless the terms of use specify otherwise.
(2) Without the prior written approval of Mail.ru Games, the user is not permitted to resell the client that may be required for using the games and services, to rent out rights in relation to the client, to lease them out, or to transfer them in any other form. This also includes the disposal/exploitation of access data, rights of use, the commercial formation of contacts and other formulations that are designed to avoid the prohibition on transfer.
(3) The forbidden exploitation, distribution, reproduction or any other breach of commercial property rights and copyrights of Mail.ru Games will result in you being pursued in the civil or criminal courts.
(4) The user is neither permitted to add elements to the client that may be required for using the games and services, nor change, delete or modify them in any other way, unless Mail.ru Games has provided its express written approval for this. In particular the user is not permitted to copy or remove graphical elements, or use them in any other way.
(5) The user is neither permitted to modify the client that may be required for using the games and services, nor restructure, reverse-engineer, decompile, disassemble, or attempt in any other way to decode the source code for the software, except when decompilation cannot be avoided for making the software operable with another software program, and he has requested the requisite information for making it operable from usbeforehand, without ourhaving made this information available.All information of this nature that wehave provided, and all information determined as a result of permissible decompilation, is only allowed to be used for the purpose described here. The user is neither permitted to divulge the stated information to a third-party, nor create another software product with it that matches the purpose of the software in key areas. We request that the user contact Technical Support
support@mailrugames.comin relation to all queries concerning information on establishing operability.
(6) The user is also prohibited from bypassing game or website options that are subject to charge with software products or other applications from third-parties (in particular with what are referred to as "bots" or "cheats"). Breaches of this or the aforementioned Sec. 3, 4 and 5 give us the right to terminate the contractual relationship with the user immediately without notice. We reserve the exclusive right to assert further claims beyond this.
(7) Mail.ru Games makes the games and services available for use online. Using the games and services requires partially the installation of client software that we provide. We do not provide nor do we install any software required locally on the user's computer (in particular the operating system and web-browser, and, if necessary, plug-ins such as Flash or Java). We do not provide any support for this. It is therefore your responsibility to make sure your computer is kept in such a state that using the games is possible. Neither do we provide technical support on installing software required locally.
(8) We do not accept liability for any damage or loss of data that could occur owing to the installation of software on your computer that does not originate from us.
(9) You undertake to keep the access data (login data, passwords etc.) you receive from us for the purpose of accessing the games or services strictly confidential, and not to divulge it to third-parties. You undertake never to use the account, the login name or the password of any other user under any circumstances. You will inform us immediately as soon as you become aware of your access data being known to unauthorised third-parties.
(10) If a third-party uses your account after coming into possession of the access data because you failed to safeguard it correctly against third-party access, you must accept responsibility for this, owing to the confusion you have caused concerning who used the account in question, and, in the event of a breach of contract or other legal violations, against whom a claim can be made. We would like to draw to your attention to the fact that passwords should be changed regularly for security reasons.
(11) In the event of reasonable suspicion that access data has come into the possession of unauthorised third-parties, for security reasons, we have the right, but are not obliged, to change the access data ourselves, or block any use of the account without prior notice and according to our own judgement. We will inform the user, i.e. you, about this immediately, and inform you of the new access data, at your request, within a reasonable period of time. You do not have any right to have the original access data restored.
(12) We secure our systems against virus attacks. Nevertheless virus attacks can never be completely ruled out. Moreover unauthorised third-parties may send emails in our name without our approval that contain viruses, or what are referred to as spyware or links to websites that contain viruses or spyware. We have no influence over this. For this reason you should check all incoming email you receive from us, or which is apparently sent in our name, for virus attacks. This also applies to emails from other users of the games.
(13) The users shall follow all instructions from us and our employees, and our agents and agents acting on our behalf. This applies in particular to instructions from administrators, game masters, community managers, support managers and moderators of any forum that may be associated with the respective game and/or service.
(1) By sending in your application to open an account and use the games and/or services you recognise these GBCs. The GBCs apply each time you sign-in to Mail.ru Games and each time you participate in the games and/or use the services.
(2) We reserve the right to amend or make additions to these GBCs at any time with immediate effect, insofar as this appears to be necessary and it will not be of detriment to you contrary to the principles of good faith. An amendment may be necessary, in particular, to make adaptations owing to a change in the legal situation, or to reflect changes in the scope of services with regard to the game and services. All newly made court decisions also count as a change in the legal situation. We will inform you of all amendments to these GBCs in a suitable manner in the form of a notification. Notification takes place on Mail.ru Games or at the respective URL for one of the games we operate, or by sending an email to the email address you have provided.
(3) Following notification and being given an opportunity to acknowledge them, you can reject the GBCs within 14 (fourteen) days of the amendments being made. We recommended that you notify us in writing (e.g. by email) of your rejection.
(4) If you do not reject the amended GBCs within 14 (fourteen) days of being notified and being given the opportunity to acknowledge them, and you continue to use the games and/or services, the amended or supplemental GBCs come into force in relation to you. However, if you reject them within the deadline, both parties have the right to terminate the contract with a period of notice of one month, insofar as an immediate right to terminate does not exist acc. to §16. The original GBCs apply to you until the contract comes to an end. Any remuneration for work paid in advance, to have been performed beyond the date when the contract comes to an end, will be reimbursed proportionally. All further claims are excluded.
(5) We make special reference to the possibility of rejection and termination, and the deadline period and legal consequences, in particular, with regard to a failure to reject.
(6) We recommend that you keep yourself informed of the latest updates to the GBCs at all times.
(1) The use of our game or services is available to you free of charge.
(2) However you may be given the option of purchasing what are referred to as premium services (see §3) against payment of a fee. Different premium services can be offered for individual games. More information on the individual premium services, and, in particular, on their tariffs, functions and requirements, is available on the website of the respective game.
(3) Since the games are being enhanced all the times (cf. § 6), we reserve the right to offer new premium services at any time, or to no longer offer existing premium services.
(1) For using premium services, we have the right to request corresponding remuneration for work performed in advance. Remuneration for work performed is due on entering into the contract and will be debited from the bank account or credit card you have provided us with, if no other payment method is selected.
(2) We have the right at any time to change prices permanently, or for a limited period of time, or to offer new products, services or billing methods permanently or for a limited period of time.
(3) You can only offset claims we have against you with undisputed or legally determined counter claims. You can exercise your right to retention if your counter claim is based on the same contractual relationship. The transfer of your claims against us to third-parties is excluded.
(1) If you are in payment arrears for work performed, we have the right to charge interest at 5% above the respective base lending rate. Furthermore, in the event of default we have the right to stop the provision of services to you, or to block your account. We have a right to charge a processing fee for the block, the block notification, and lifting the block or setting up a new account in the event of full payment. The amount of the processing fee can be requested from Mail.ru Games. In any event, it is your responsibility to prove that damage did not occur or was considerably less than the amount claimed.
(2) Should return debits and/or cancellation fees occur for us for which you are responsible, or owing to you being responsible for your account not being covered, for instance, owing to the late cancellation of debit memos, you are obliged to bear the resulting costs.
(3) We have the right to demand payment of these costs together with the original payment by repeatedly debiting them from your account. If payment is made by debit memo or by debiting your credit card and return debits occur, then we calculate a processing fee at a sum of 9.60 euros per debit memo/credit card debit plus any bank charges we have incurred. In any event it is your responsibility to prove that damage did not occur or it is considerably less than the amount claimed.
(1) The contracts between both partiesare entered into for an unspecified period of time, unless otherwise specified in a specific offer. If a limited contract validity period is not agreed for the games and/or service license agreement, both parties have an ordinary right to terminate at any time with immediate effect. Ordinary termination does not require any reasons to be given.
(2) The rights of the parties to terminate for good reason at any time remain unaffected by the aforementioned regulations.
(3) If we are responsible for the extraordinary termination, the payments you have made in advance that extend beyond the date when the contract comes to an end will be reimbursed proportionally. Further claims are excluded, unless agreed upon in these GBCs.
(4) In particular, we have the right to terminate your contract with good reason, but not exclusively, if
- You are in arrears with the payment of fees that amount to a sum of at least 5 euros and fail to pay despite receiving two reminders
- You are guilty of violating laws, or breaching these GBCs, the game rules and/or the rules of use, and fail to desist despite being warned; in the event of serious breaches a warning is not needed if we suspect that you are failing to abide by the contract
- You do not use your account for a period of four weeks.
(5) We normally consider failure to abide by the contract to include the following:
- If you violate penal laws
- If you breach the prohibition on multi-accounts (see above Sec. 4) specified in the game rules for some of the games we operate
- If you breach the prohibition on pushing (see above Sec. 4)
- If you breach the prohibition on non-authorized scripts (see above Sec. 6)
- If you submit false data on registering (cf. above Item 4) or when paying for premium services (cf. Sec. 13).
In the event of our terminating the contract for good cause, we have the right to demand payment of 75% of the sum of all payments that you would have had to pay during the contract period with simultaneous termination of the contract in good time (in particular for premium services). Your right to prove that no damage or significantly less damage was caused remains unaffected.
(6) If the respective game and/or service is not equipped with an option for termination, each termination is to take place in writing. Email also constitutes written form. Extraordinary termination is always to take place in writing, with reasons provided.
(1) We would like to point out that privacy and data security for data transfer in open networks such as the Internet cannot currently be guaranteed. Please remember that, from a technical standpoint, the provider can view at any time the pages offered on the web servers and also possibly other data that you have stored there. It is possible that other Internet subscribers are also in a position technically to bypass network security and control the communications. You carry full responsibility for security and for safeguarding the data you transfer onto the Internet and which is saved on web servers.
(2) Your personal data will only be saved and used for executing and processing the contracts entered into with us for using Mail.ru Games, the games and/or the services, and will be transferred to partners/agents onlyif necessary. Otherwise personal data is only collected, processed and used, insofar as you have expressly approved of this beforehand, or as permitted under the law. We will never transfer your personal data to a third-party without your prior approval, unless we are legally obliged to do so.
(3) The Mail.ru Games websites use services that include Google Analytics, a web analysis service from Google Inc. ("Google"). Google Analytics uses what are referred to as 'cookies', which are text files stored on your computer that allow for analysis of how websites and platforms are used by the user. The information generated by the cookie on how the Mail.ru Games website is used by the user (including his IP address) is transferred to a Google server in the USA and saved there. Google uses this information to analyse the use of Mail.ru Games websites in order to collate reports on the website or platform activities for Mail.ru Games as the operator, and to provide further services linked to their use and Internet use. Google also transfers this information to third parties where appropriate, insofar as this is permitted under law, and the third-party has been commissioned to process this data on behalf of Google. In no case does Google make a connection between the user's IP address and his data. Users can prevent the installation of cookies by making the appropriate settings in their browser software; however Mail.ru Games points out to the user that in this case users may not be able to use all of the functions on the Mail.ru Games websites to their full extent. By using the Mail.ru Games websites or platforms, the user declares that he approves of the data recorded by Google being processed in the manner described above and for the purposes described above.
(4) We reserve the right to transfer user data for processing payments to an external service operator contracted for debiting payments, insofar as this is required for determining payments and making settlements with the user. We will inform you of the name of the third-party.
(5) We also reserve the right to inform you by email on further games and game-related services without your express approval within the scope of what is permissible under law, unless you have objected to this. You can object to this at any time without incurring any other costs other than the costs incurred for transmitting the objection in line with the basic tariff.
(6) For the purposes of advertising, market research and the needs-oriented design of Mail.ru Games, the games and/or the services, we create what are referred to as user profiles using pseudonyms, unless you do object to the processing and use of the data. At your request we will inform you free of charge and immediately about the personal data saved on you or under your pseudonym. As a rule this information is sent by email.
(7) We refer you to our privacy statement, which you herewith recognise expressly.
(1) Insofar as these GBCs stipulate no other agreement with you, we will communicate with you as a rule by email. You must therefore ensure that emails sent to the email address you provide or submit to us later reach you. You shall ensure this, amongst other things, by setting your spam filter accordingly and checking this email address regularly. In all other cases we reserve the right to choose the form of correspondence.
(2) Each time you contact us, please state which game and/or services and the game account or service account your issue is referring to. Otherwise we will not be able to deal with it.
(1) The contents or information provided by the user as part of communication within the game, the services and on Mail.ru Games are third-party contents under §8 Telemedia Act (Telemediengesetz - TMG) that reflect only the personal opinion of the respective user. We are in no way responsible for these contents.
(2) Notifications and declarations that are to be submitted by the user to Mail.ru Games should be submitted in writing, including the amendment or retraction of the written requirement.
(3) Should any provisions of these GBCs and/or license agreement be or become invalid, this does not affect the validity of the other provisions.
(4) The place of jurisdiction is Hamburg if you relocate your place of residence or habitual residence outside the Federal Republic of Germany after the contract is entered into. This is also the case if your place of residence or habitual place of residence is unknown at the time court action is taken against you.
Last updated: June 1, 2011
Mail.ru Games is brought to you by:
Mail.ru Games GmbH
Anckelmannsplatz 1
20537 Hamburg,
Germany
Phone: +49 40 414342-0
Fax: +49 40 414342-499
Email: contact@mailrugames.com
Managing Director: Ilya Mamontov
Company headquarters: Hamburg
Court of registry: Hamburg Magistrates Court; HRB 104063