Terms and Conditions

1. Provider and subject matter of the contract

Benedict Sobotta, Am Nordbahnhof 2B, 85049 Ingolstadt (hereinafter “Operator”), operates the browser game “Funfair Tycoon” (hereinafter “Game”).

These Terms and Conditions govern the use of the Game by registered users as well as by players without registration (“Guest Players”).

In addition to these Terms and Conditions, the Game Rules in their respective current version apply.

The Game Rules specify the permitted use of the Game and are a binding part of the user agreement.

2. Conclusion of contract, user accounts and guest use

(1) By accessing and using the Game, a free user agreement is concluded between the player and the Operator.

(2) The Game can be used in part without registration (“Guest Players”). Guest Players do not receive permanently secured access to the Game. In the event of session loss, device change, or deletion of local data, access to game progress, virtual goods, or other content may be permanently lost. Recovery is not possible in this case.

(3) Certain features, in particular community and communication features, are only available to registered users after confirmation of the provided email address. Registered users are responsible for providing an email address that can be reached permanently in order to secure access.

(4) Use of the Game is generally only permitted for persons who have reached the age of 13. To the extent minors use the Game, they confirm that the required consent of their legal guardians has been obtained. Paid purchases are governed exclusively by the terms and conditions of the respective payment provider.

(5) There is no entitlement to the conclusion of a user agreement, registration, or the use of specific game content.

(6) Use of the Game for commercial purposes is prohibited.

3. Services and availability

(1) The Operator provides the Game in its respective current version as a digital service.

(2) There is no entitlement to a specific availability, specific features, or the continued existence of individual game worlds beyond the statutory warranty obligations.

(3) The Operator is entitled to change, expand, restrict, or discontinue content of the Game, provided that the basic usability of the Game is not unreasonably impaired as a result.

(4) The Operator may discontinue the operation of the Game entirely. In this case, all user agreements end upon the discontinuation taking effect.

4. Paid content, virtual goods and virtual currency (“Credits”)

(1) Paid digital content may be purchased in the Game, in particular virtual in-game currency (“Credits”), virtual items, features, or time-limited additional services (e.g., subscriptions). This content is used exclusively within the Game and does not constitute legal tender.

(2) Paid purchases are processed via external payment providers, who become the user’s contractual partner in this respect. The terms and conditions of the respective payment provider apply exclusively to payment processing, withdrawal, refunds, and invoicing.

(3) After the payment has been confirmed by the payment provider, the Operator provides the corresponding digital content in the Game or credits the purchased Credits to the user’s game account.

(4) Digital content does not convey ownership, but only a simple, non-transferable right of use for use within the Game, only for the duration of the user agreement and – where applicable – only within the respective game world or the respective game progress.

(5) Unused Credits or other digital content expire upon termination of the user agreement, deletion of the account, or discontinuation of the Game, unless mandatory statutory warranty or refund claims exist or the payment provider provides a refund.

(6) There is no entitlement to payout, exchange, transfer to other accounts, game worlds, or outside the Game. This does not affect the possibility of voluntary goodwill decisions by the Operator without creating any entitlement for the future.

5. User content, community features and moderation

(1) Users are solely responsible for all content they post in the Game or in community areas. It is prohibited to publish or distribute unlawful, insulting, discriminatory, violence-glorifying, harmful-to-minors, copyright-infringing, or otherwise impermissible content.

(2) The Operator does not adopt user content as its own. Users indemnify the Operator against third-party claims resulting from content posted by them, to the extent they are responsible for such content.

(3) The Operator is entitled to review, moderate, edit, restrict, block, or delete content in whole or in part if there are indications of legal violations, violations of these Terms and Conditions or the Game Rules, or if this is necessary to maintain orderly game operation. There is no entitlement to publication or permanent availability of content.

(4) In the event of violations of legal provisions, these Terms and Conditions, or the Game Rules, the Operator may take appropriate measures. Depending on the severity of the violation, these measures may range in particular from notices or warnings to temporary restrictions of individual functions up to the blocking or termination of the user agreement.

(5) To the extent legally required, users may have decisions regarding measures under paragraph 4 reviewed or may submit a complaint. Further statutory rights remain unaffected.

6. Changes to the Game, updates and technical requirements

(1) The Operator provides the Game as a digital service in its respective current version and, to the extent required by law, ensures the maintenance of functionality as well as necessary updates, in particular for technical or security-related reasons.

(2) The Operator is entitled to change, adjust, restrict, or remove content, features, or game mechanics, provided there is a valid reason for doing so. Such a reason exists in particular in the case of technical developments, adaptation to legal requirements, measures for game balance, prevention of misuse, or economic requirements.

(3) Changes shall only be made insofar as they are reasonable for users and do not materially impair the basic usability of the Game. Users will be informed of significant changes in an appropriate manner.

(4) Users are obliged to install provided updates and to take reasonable technical measures insofar as this is necessary for the functionality of the Game. This may include, in particular, updating an app version, using a supported browser, or clearing cached data (e.g., browser cache).

(5) The Operator is not liable for malfunctions that are due to users not installing required updates or using unsupported systems or software versions.

7. Liability

(1) The Operator is liable without limitation in cases of intent and gross negligence as well as in the event of injury to life, body, or health and under the mandatory provisions of product liability law.

(2) In the event of slight negligence in breach of essential contractual obligations, the Operator’s liability is limited to the foreseeable damage typical for the contract. Essential contractual obligations are those whose fulfillment makes the proper performance of the user agreement possible in the first place and on whose compliance the user may regularly rely.

(3) Otherwise, the Operator’s liability is excluded to the extent permitted by law.

(4) In particular, there is no liability for malfunctions that are due to users not installing required updates, using unsupported systems or software versions, or otherwise failing to meet the technical requirements for using the Game.

(5) The Game serves entertainment purposes only. The Operator is not liable for damages arising from users commercially or otherwise exploiting game content or game results outside the Game.

8. Term, termination and account deletion

(1) The user agreement is concluded for an indefinite period.

(2) Users may terminate the agreement at any time without stating reasons, in particular by deleting their account. Upon termination of the agreement, access to game progress, virtual goods, and other content ends.

(3) The Operator may terminate the user agreement for good cause, in particular in the event of serious or repeated violations of these Terms and Conditions or the Game Rules.

(4) The Operator is also entitled to end user agreements in the event of prolonged inactivity. This generally applies after
– 30 days of inactivity for Guest Players, and
– 365 days of inactivity for registered users.
Registered users will be informed before such termination if possible.

(5) The Operator may discontinue operation of the Game entirely. In this case, the user agreements end upon expiry of a previously announced reasonable notice period, which is generally at least one month.

(6) If paid purchases are made after the discontinuation of the Game has been announced, there is no entitlement to a refund, provided that use of the Game was possible until the discontinuation.

(7) If operation of the Game cannot be continued until the end of the announced notice period for technical or legal reasons, refunds may be made voluntarily and without acknowledging any legal obligation via the respective payment provider, insofar as this is possible.

(8) After deletion, data, game progress, and virtual content are permanently removed and cannot be restored.

9. Data protection

(1) The processing of users’ personal data is carried out in accordance with the Operator’s separate privacy policy in its respective current version.

(2) If users request deletion of their account or terminate the user agreement, the associated personal data will be deleted or anonymized in accordance with statutory provisions, unless statutory retention obligations or legitimate interests of the Operator prevent this.

(3) Deleting the account also terminates the user agreement.

10. Amendments to these Terms and Conditions

(1) The Operator may amend these Terms and Conditions with effect for the future if there is an objective reason, in particular due to technical developments, changes in the legal situation, adjustments of features, or prevention of misuse.

(2) Users will be informed of changes in an appropriate manner. In the event of material changes, the Operator will additionally provide a brief summary of the essential contents of the changes.

(3) Continued use of the Game after amended Terms and Conditions take effect is only possible if the user actively agrees to the amended Terms and Conditions. If no agreement is given, the Game cannot be used further; in this case, the user agreement will be terminated.

(4) Previous versions of the Terms and Conditions are stored by the Operator and can be made available to users upon request.

11. Final provisions

(1) The law of the Federal Republic of Germany applies to these Terms and Conditions, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the state in which the user has their habitual residence remain unaffected.

(2) Should individual provisions of these Terms and Conditions be wholly or partially invalid or become invalid, the validity of the remaining provisions shall remain unaffected.