Terms of Service

§1 General Provisions

1. The following terms regulate the use of the online game „Bubble Woods“, including any related Internet pages and other services (referred to as „Game“ in the following).

2. Provider of the game is Moonbyte Games UG (haftungsbeschränkt), based in Speyer, Germany (referred to as „Provider“ in the following).

3. By creating a user account in the game, the user enters into a user agreement with the provider. The user agreement is based on these general terms of service, which the user acknowledges by registering.

4. The user agreement may be entered into only between the provider and a natural person.

5. The user has no claims in opening an account or being permitted to participate in the game.

6. There are no subsidiary agreements besides this user agreement.

§2 Availability

1. The provider provides the game and any related services within its technical and operational capabilities with an average annual availability of at least 90%.

2. This does not include periods of time during which the use of the game is interrupted or affected due to compelling technical reasons or because of required maintenance work. In these cases, the provider does not have to provide compensation in accordance with the provisions of this agreement.

3. Furthermore, this does not include interruptions or restrictions of the service which are not in control of the provider, such as Force Majeure, misconduct of third parties, etc.

4. The provider reserves the right to continue to develop, adapt and update the game at their own discretion. The user may in each case only participate in the current version of the game.

5. The provider reserves the right to discontinue the operation of the game without giving reasons. The user has no claims in the availability of the game.

6. The user is solely responsible for using software and hardware that is appropriate and up-to-date.

§3 Registration, User Account

1. Registration of a user account is a prerequisite for the use of the game and any related services.

2. The subsequent provisions are to be observed when registering and using a user account:

  1. the user must be a natural person;
  2. the registration of a user account must happen personally through the user himself/herself. A registration through a third party is prohibited;
  3. the user may create only a single user account per game world or server. Usage of multiple user accounts (“Multi accounts”) is prohibited;
  4. a user account may only be used by a single user. Shared usage through multiple persons is prohibited;
  5. insofar as the user is a minor, he/she certifies that with sending the registration request an effective consent of the legal representatives is available.

3. During the registration process the user has to provide an e-mail address. The following provisions are to be observed:

  1. the user ensures that the e-mail address is valid. In this regard the user releases the provider from all claims that may arise from the use of an address that is invalid or used without permission;
  2. the provider may request a verification of the e-mail address before the user is granted access to the game;
  3. the provider reserves the right to block or to delete user accounts with an invalid e-mail address.

4. When choosing a user name, the following provisions are to be observed:

  1. the user name must fulfill the technical requirements of the game;
  2. the user name may not infringe rights of third parties, groups, trademarks, etc.;
  3. the user name may not offend common decency;
  4. the user name must not be an e-mail address or Internet address;
  5. a user has no claim in the availability of a particular user name.

5. When choosing a password, the following provisions are to be observed:

  1. the password must not be identical with the user name;
  2. the password must be as secure as possible;
  3. the password should be composed of both numbers and letters.

6. In case that a user is accessing the game through a third-party network (e.g. Facebook), a different registration process may apply, in which no user name and/or e-mail address and/or password has to be provided by the user. In this case, the user is authenticated through his/her existing account on the respective network. In addition to this user agreement, the terms and conditions of the respective network do apply.

7. The user is obliged to protect the log-in data to his/her user account, including all identification and passwords, from unauthorized access of third parties. Passwords must be kept strictly secure. The user himself/herself is solely responsible for the security of the personal log-in data. In the event that the user has reason to believe that third parties have obtained this information, or could have, he/she shall inform the provider immediately and change his/her data or have it changed by the provider. In this case or in the event that the provider has evidence of misuse of data, the provider has the right to block the access of the user temporarily. The user shall be permitted again to use as soon as the suspicion of misuse of data has been removed.

8. Furthermore, the following rules apply in regards of the user account:

  1. a user account is not transferable without explicit consent of the provider;
  2. the log-in data of a user account may not be sold or divested in any other form;
  3. the user agrees to immediately provide the provider with all future changes of his/her registration data, especially a change of the e-mail address;
  4. the user is obliged to confirm the accuracy of his/her data upon request of the provider;
  5. under no circumstance is the user allowed to use the log-in data of another user;
  6. the user has no claim in switching to a different game world or server.

§4 Game Rules

1. In addition to these terms of service, the game rules do apply, as far as available.

2. In case of conflict between this terms of service and the game rules, the terms of service are considered of higher priority.

3. A team of employees and community managers is responsible for enforcing the game rules. Please use the support form to contact these staff members.

4. Decisions made by a support staff member are to be accepted, instructions are to be followed.

§5 Prohibition of Manipulative Actions

1. Any form of manipulative intrusion in the game is strictly prohibited.

2. In particular, the user is not allowed to:

  1. use measures, mechanisms or software that could interfere with the function or the course of the game;
  2. block, overwrite or modify contents generated by the game administration;
  3. run the game and any related Internet pages with programs other than the Internet browser or the client program that has been provided;
  4. use measures that may cause an unreasonable or excessive burden on the technical capacity;
  5. run scripts as well as completely or partially automated programs („bots“, cheat programs, auto refresh, etc.) that activate game processes or perform database queries;
  6. exploit bugs in the application;
  7. share a user account with other users (see §3);
  8. own several user accounts on a single game world or server (see §3);
  9. claim the identity of another user or the provider's support employee, community manager or similar, or to threaten other users with sanctions by such persons;
  10. provide an advantage over other users using any other unauthorized measures;
  11. access data to which the user is not entitled to;
  12. intercept or collect information and data packages related to the game („data mining“).

3. Application errors („Bugs“) are to be reported to the provider using the support form immediately. Thank you for your help.

4. In case of an infringement of these rules, the corresponding user may be given warning, or his/her user account may be blocked or deleted. The provider reserves the right to claim compensation in the amount of the damages and the resulting administrative expenses.

§6 Use of communication channels

1. The provider provides to the user different communication channels (chat, in-game messages, discussion forums, etc.) which may be used as actually available.

2. A user has no right to claim the availability of a particular communication channel.

3. The user provides the provider with the permanent, irrevocable, non-exclusive right to use the content and contributions posted by him or her.

4. All users must attention to an acceptable choice of words.

5. It is strictly prohibited to publish or distribute content that:

  1. violates the law, is improper or immoral;
  2. violates trade marks, patents, utility or design patterns, copyrights, trade secrets or other rights of third parties;
  3. is obscene, racist, violent, pornographic, or otherwise threatening or harming the development of children and adolescents;
  4. is of an abusive, harassing or defamatory nature;
  5. includes chain letters or pyramid schemes;
  6. falsely suggests that it is provided or supported by the provider;
  7. contains personal data of third parties without their expressed consent;
  8. is commercial, in particular promotional in nature.

6. The provider points out that posted content is not automatically monitored. However, audits are performed randomly and upon specific hint.

7. In addition, each user has the option to inform the provider of suspected illegal content and inappropriate user behavior using the support form. The provider will then respond as quickly as possible and edit or delete reported contents, as necessary.

8. The user assumes sole responsibility for his/her contents and contributions. The provider does not claim ownership of text entered or linked to by users. The user commits to release the provider entirely of any third-party claims or lawsuits.

9. The provider explicitly reserves the right to:

  1. edit or delete inappropriate contents and contributions, in parts or in full;
  2. temporarily or permanently block or delete the user account of the respective user;
  3. initiate prosecution measures in case of violation of law.

§7 Fees

1. Unless otherwise stated, use of the game is free of charge. There are no automatic fees arising from the registration or during the course of the game.

2. The user may, however, purchase premium currency („Diamonds“) or premium functions from within the game for a certain fee. Premium currency and functions allow the user to unlock additional contents and advantages in the game. For more information see §8.

§8 Premium Currency, Premium Functions

1. Purchased premium currency or premium functions will be assigned to the user account that performed the purchase.

2. By purchasing premium functions or special advantages through premium currency, the user is granted a non-exclusive right to use the respective advantage, only valid for the particular user account.

3. The price for premium currency and premium functions can be found in the respective dialogs. Prices may change at any time.

4. It is not possible to pay out unused premium currency. Leftover currency expires with termination of the user agreement.

5. It is strictly prohibited to buy, sell or exchange premium currency and functions for “real” money outside of the game.

6. Where a minor wishes to purchase premium currency or functions, he/she assures that he/she received the funds to buy the features for purchase from his/her legal guardian for this purpose or for unrestricted use.

7. The user has no claim in the availability of certain premium functions or advantages.

§9 Payment

1. The agreed-upon charges are due for payment with the conclusion of the contract.

2. For purchasing functions and currency with a fee, the game offers various payment options from which the user can choose. For this purpose, the provider maintains business relationships with third-party providers, which are in charge of managing the payment process. These providers sometimes enter into their own agreements with the user during the payment process. In such cases, the provider’s general terms and conditions may be involved. Some of the providers, especially telecommunications and mobile communications providers become primary contract partners of the user. In such cases, the provider (Moonbyte Games UG) performs its services for the corresponding third-party provider, which is the owner of the particular demand from the user. These providers therefore collect receivables on their own account and not on behalf of the Moonbyte Games UG. If you have any questions, please contact your provider or our support team.

3. The user assures that all information provided in the context of a payment transaction (including bank, credit card number, etc.) is complete and correct.

4. The available payment options may vary according to the participant country, availability on the market, and technical feasibility. The provider reserves the right to amend its payment options any time.

5. In case of default, statutory interest accrues. Furthermore, the provider is entitled to block the user account, to recover damages and to terminate the service.

6. Should the provider through a fault of the user (including an inadequate account balance) incur back charges or cancellation fees, the user shall bear the related costs. The provider is allowed to request these costs and the accrued charges. If payment is made by credit card, back charges are incurred up to 50 EUR per credit card transaction plus bank charges incurred by the provider. The provider is entitled to charge further compensation.

§10 Ownership of Virtual Items

1. All user accounts, including the associated values, resources, objects, etc., are virtual goods in the game. This also includes fee-based goods and services such as premium currency and premium functions.

2. The user receives an exclusive usage right to the user account and a non-exclusive usage right to all other virtual goods.

3. The usage rights are limited to the period of validity of the user agreement unless a shorter period is specified in the game.

4. The user does not acquire any ownership or other rights to the virtual goods beyond the usage rights. This also applies to such virtual goods that have been made available to the user through usage of premium currency or other fee-based methods according to §8.

5. Using, buying, selling, giving away or exchanging virtual goods outside of the game is not permitted. Action may be taken against the attempt of such a transfer.

6. The provider does not assume any liability for the loss of virtual goods. In case of doubt, the user must prove that he/she was not responsible for the loss by choosing an insecure password or through an inappropriate handling with the log-in data of the user account.

§11 Consequences of a Breach of Duty

1. The provider is not liable for damages resulting from a breach of duty by the user.

2. Independently of additional legal or contractual rights, the provider may take the following actions against any user who is in breach with statutory law, third party rights, these terms of service or the respective additional regulations and game rules:

  1. change or deletion of content;
  2. giving warning to the user;
  3. publication of misconduct in the game with mentioning the user name;
  4. temporary or permanent blocking of the user account;
  5. exclusion of the user;
  6. issuing a temporary or permanent virtual house ban;
  7. immediate termination of the user agreement.

3. If a user has been blocked or excluded, he/she may not log in again without prior consent of the provider.

4. There is no right for a waiver of an exclusion, virtual house ban or any other measure.

§12 Disclaimer Regarding the Right of Cancellation

1. You may cancel your declaration of agreement for the finalization of the user agreement within 14 days in writing (e.g. letter, fax, e-mail) without providing reasons. The deadline begins upon receiving this disclaimer in writing, though not prior to finalizing the agreement and not prior to fulfilling our obligation for providing information according to article 246 § 2 in conjunction with § 1 section 1 and section 2 of the Introductory Law of the German Civil Code (EGBGB). To ensure the cancellation deadline, the timely delivery of the cancellation shall suffice. The cancellation shall be addressed to:

Moonbyte Games UG (haftungsbeschränkt)
Wormser Landstr. 17
D-67346 Speyer
E-Mail: support@bubblewoods.com

2. Consequences of Cancellation: In the case of an effective withdrawal, the services received by both parties, and any benefits gained from the use of such services (e.g. interest), must be returned. If you cannot return the received services to us, or if you can return the services only in part or in deteriorated condition, you may have to compensate us accordingly. This can lead to the fact that you must also fulfill the contractual obligations for payment for the period until the cancellation. Obligations to refund payments must be met within 30 days. The deadline shall commence for you on the date you sent the notice of cancellation and for us, following its receipt.

3. Special Note: Your right to cancellation expires prematurely if the agreement is completely fulfilled by both parties upon your express wish prior to you exercising your right to cancellation.

End of the Disclaimer

§13 Data Protection

1. The provider shall comply at all times with the applicable data protection regulations. This includes in particular the protection of personal data provided by the user upon registering for a user account. The details are derived from the Privacy Policy (http://www.bubblewoods.com/privacy/) which can be viewed, saved and printed at any time in their respectively valid version under this link.

§14 Limitation of Liability

1. The user is directly liable to third parties for a violation of their rights.

2. The user agrees to reimburse the provider for all damages resulting from the non-observance of the obligations of these terms of service.

3. The user releases the provider from all claims, which other users or other third parties file against the provider for violation of their rights by content posted by the user or due to violation of other obligations. The user takes over the cost of legal defense of the provider including all court and lawyer costs. This does not apply if the user is not responsible for the infringement.

4. The liability of the provider, on whatever legal grounds, whether due to contractual misconduct or breach of duty, is ultimately determined in accordance with the following rules:

  1. Where the provider provides the respective liability-causing service free of charge, the provider is liable only for malice and gross negligence.
  2. In case of non-gratuituous services, the provider is liable for cases of intent and gross negligence, as well as for personal injury. In the case of slight negligence, the provider is only liable for a breach of essential contractual obligations such as delay or impossibility. The liability is limited to the typically foreseeable damage at the time of the occurrence of damage. “Essential contractual obligations” as previously stated, are the obligations that ensure that the contract runs in accordance with its regulations and which are required to achieve the contractual aim, and on which the user may rely upon.
  3. The provider assumes no liability for disturbances within the network that are not caused by the provider.
  4. For the loss of data the provider is liable in accordance with the foregoing paragraphs only, if such a loss would have been unavoidable by adequate backup measures by the user.
  5. The foregoing limitations of liability do not apply in the case of explicit guarantees by the provider, in the case of malice, and for damage due to the loss of life, limb or health as well as in the case of mandatory statutory regulations.

§15 Copyrights and Related Rights

1. The owner of the name rights and copyrights is the provider, Moonbyte Games UG (haftungsbeschränkt), and, if applicable, respective licensors.

2. The provider is the exclusive owner of the usage rights.

3. Usage and distribution of game content aside from the contractually defined purpose is not permitted without explicit prior consent. Game content refers to any data, images, texts, graphics, music tracks, sounds, videos, programs, software code and other information being used in the game or in direct relation with the game.

4. Any use of the game for commercial purposes requires the explicit written consent of the provider.

5. If you have questions or suspect a breach against one of your own copyrights or usage rights, please contact us. If the information is substantiated, remedial action will be taken immediately.

§16 Contract duration, Termination

1. The user agreement is running for an undefined period.

2. The user can terminate the agreement at any time without notice and without providing reasons by deleting his/her account or by e-mail to support@bubblewoods.com. As a result of the termination, all saved information relevant to data protection shall be deleted through the account of the user. This, amongst others, includes the e-mail address of the user.

3. The provider may terminate the contractual relationship at any time without providing reasons with a notice of 2 weeks.

4. The right to an immediate termination due to significant reasons remains unaffected. The provider is authorized in particular, though not in conclusion, to immediately terminate the agreement in cases of breach of duty according to this agreement (see §11, amongst others).

5. The termination must occur in writing or in the form of text (e-mail shall suffice).

§17 Changes to the Terms of Service

1. The provider reserves the right to change the terms of service at any time.

2. No later than two weeks before changes to the terms of service become effective, the user will automatically be informed about the upcoming changes when logging into the game.

3. If a user continues to log in into the game after been informed about the changes, he/she will automatically accept the new terms of service.

§18 Final Provisions

1. Any amendment and/or repeal of these terms of service must be in writing. This also applies for a change and/or waiver of written form.

2. The law of the Federal Republic of Germany applies exclusively, with the exclusion of the UN Convention of Contracts and the provisions of International Private Law.

3. Unless the user has no general place of jurisdiction in Germany or if the user is a merchant in the sense of the German commercial code, the provider's location shall be the place of jurisdiction for all civil disputes. The provider is also entitled to file a suit at the user's general place of jurisdiction.

4. If any provision of these terms of service should be or become ineffective and/or oppose statutory provisions, the effectiveness of the remaining provisions of the terms of service are not affected. The ineffective provision shall be replaced by the parties by such a provision, which legally comes closest to the economic sense and purpose of the invalid provision. The above provision applies in case of loopholes accordingly.

Last revision: September 19, 2012