Terms and Conditions

Benedict Sobotta ("Operator"), Max-Bill-Str. 48, 80807 Munich, operates the Browsergame Funfair Tycoon ("Game"), which can be played by users ("Users", "Players"). All service offers in the context of the game are only valid on the basis of these General Terms and Conditions (GTC).

1 Scope

- In addition to these terms, the game rules of Funfair Tycoon apply. These are for all players without exception binding.

- The terms and conditions are available on the website of the game at any time and can be printed out. On user's request these terms can be sent by e-mail.

- By sending an application for the opening of a new game account ("Account") for the game Funfair Tycoon ("Registration") and also with the logging into the game, the user agrees to these Terms and Conditions in their respective version.

- The operator provides the Funfair Tycoon browser game exclusively to consumers in the sense of §13 BGB, which are available at the time of registration. Minors are only entitled to register if they have the consent of a legal representative before the application. The use of the game for commercial purposes is excluded.

- The operator reserves the right to change these terms at any time with effect for the future. This is only valid if the user is not adversely affected by good faith. In the case of a change of the GTC, the user will be informed about this during the login process.

- If the player does not object to the service provider by e-mail within one (1) month after the notification of the modification of the GTC, or if the service continues to be used, the amended GTC will be effective. If the user responds in due time, the operator is entitled to delete the account. Credits (see §4) that were purchased but not yet redeemed, will be refunded. Further claims of the user are excluded.

2 Membership

- Membership is free of charge. The application for a membership becomes binding if the user completely fills and submits the registration form contentwise correctly, as well as providing his correct and permanently reachable email address.

- The application is confirmed by the operator by the automatic sending of an activation link by email. The membership is only created when the user activates his account with the data sent in the activation and the operator activates the user.

- There is no claim to a membership.

3 Services

- The services of the game are only open to users who have a membership and therefore an account.

- The service of the operator is to offer Funfair Tycoon in its current composure ("version").

- The operator reserves the right to discontinue the operation at any time without giving reasons. Credits (see §4) that were purchased prior to the announcement about the termination of the game and are not yet redeemed, will be refunded. Further claims of the user are excluded.

4 Paid features, Credits

- The user has the option to purchase a virtual game currency called "Credits" via the "Premium Shop" or "Shop". Credits enable the user to unlock features and items within the game. Users will have to pay for Credits, except for cases where the operator can credit them through actions of the user in the game or through compensation or goodwill acts of the operator.

- The shop is integrated into the game of the operator, however the merchant of record is not the operator himself but the Xsolla (USA), Inc. ("Xsolla").

- Xsolla is responsible for the technical provision of the shop and for the implementation and processing of the entire payment process.

- The Credit value is depending on the selected rate and can be modified at any time. The displayed prices at the time of purchase apply.

- After a successfull payment processing, Xsolla will notify the operator and the operator will account the purchased amount of credits to the game account of the user. In most cases this will be done immediately after completing payment.

- For the usage of the Xsolla services, the terms of usage and privacy policy of Xsolla (USA), Inc. apply - this also contains regulations about withdrawal from purchases.

- Both the operator and Xsolla reserve the right to withdraw the option to purchase from a user in individual cases. The user can not claim to purchase credits.

- The user is aware that Credits is a game currency and not real money.

- As soon as the Credits are booked on the user's game account, he receives a onefold right of use, which is limited in time to the duration of the game round or to the duration of the usage contract. The "purchase" of credits means the acquisition of this right of use and the "sale" means the transfer of this right of use. The terms "purchase", "buyer", "acquisition", "seller" and similar terms have a corresponding meaning.

- The right of use for Credits is only valid for the game world that was selected during the purchase.

- If the game is reset or the game account is blocked or deleted, the user is not entitled to a refund of the Credits that were redeemed for functions or items that are affected by the reset or deletion.

- In the event of a final account blocking or deletion of the savegame on one game world, the user has the right to transfer the Credits received through his purchase, which have not yet been redeemed, to another game world if he also has a savegame there.

- The return of credits is excluded with the exception of the regulations mentioned in §1 and §3 and possible regulations on the part of Xsolla as well as undamaged liability and warranty regulations.

5 Responsibility

- The user accepts full responsibility for the content he has entered, and thus obligates himself to release the operator from possible claims by third parties. The operator does not adopt content from users. The user grants the operator a permanent, irrevocable and non-exclusive right to use the content he has entered.

- The player is himself responsible for his actions and his utterances. Each player agrees that, in the event of suspicions and accusations, authorized team members are entitled to review, as far as possible, relevant information and also to monitor chat protocols and private messages in the game for moderation purposes.

6 Defects

- The user is aware at all times that the Browsergame Funfair Tycoon, like any software, can not be completely free of errors. A defect is therefore only to be accepted with a severe and / or lasting disturbance.

- The operator guarantees the accessibility of Funfair Tycoon of 90% on a yearly basis. Except for this are the regular maintenance of the game, which can only be done in off-line mode, force majeure or unattainability due to external manipulation.

- The user is obliged to report any defects immediately after discovery to the operator via email.

- The user undertakes, as far as possible, to assist in the rectification of defects in Funfair Tycoon.

8 Liability of the operator

- If the user has not purchased any Credits in the game, the operator is only liable for damage caused by the contractual use of the game and only in the event of intent or gross negligence. In the event of defects in these terms and conditions, the operator is only liable for maliciously concealed defects. If the user has purchased Credits (see §4), the following sentences apply.

- The operator is fully liable in the event of intent or gross negligence. The operator is also liable for negligent violations of contractual obligations which enable the contract to be carried out properly, but not for foreseeable and / or non-contractual damage. The limitation period for claims through liability regulations is 2 years.

- The foreseeable damage per user account is limited to € 100,-.

- The limitations or exclusions of liability do not apply in the event of injury to life, limb or health or in the event of fraudulent concealment of defects.

8 Term and termination

- The contract between the operator and the user is concluded for an indefinite period.

- The contract to use the game can be terminated from both sides at any time without giving reasons and immediately and effectively.

- For technical reasons, user data is usually only deleted after a delay of a few days.

- The contract must be terminated either by taking the appropriate action in the game settings or in written form. Emails count towards the written form.

- There will be no exchange of game currency for real currency upon termination - with the exception of the rules for applying to Credits mentioned in §1 and §3.

9 Data protection

- If the user requests the complete deletion of his data, his game account is automatically deleted and the contract terminated.

- The privacy policy of the operator applies.

10 Final clauses

- The law of the Federal Republic of Germany applies to these terms and conditions and the contracts concluded under them.

- If the user is domiciled or habitually resident outside the Federal Republic of Germany or if his domicile is not known at the time the lawsuit is filed, the place of jurisdiction is the operator's place of jurisdiction.

- Should parts of these terms and conditions be ineffective, this does not affect the effectiveness of the remaining provisions.