Terms Of Service
These terms (also referred to as “license agreement” or “contract”) govern the business relationship between you (also referred to by “user” or “player”) and Rheia Games UG (haftungsbeschaenkt) (also referred to by “we”, “us”, “publisher”, “Rheia Games” and “Rheia”) with respect to Rheias services, which maybe provided using various means of electronic media such as social networks, websites and mobile devices. The terms of service are made accessible through Rheias services. In case of technical problems the user may request a copy from Rheia Games. The player and Rheia Games agree that the German version is binding in case of disputes.
Closure Of The Terms
Contract Between The Publisher And The User
The user may only take advantage of Rheias services after agreeing to Rheias terms of service. Minors require approval from their legal guardian to agree to the terms. The user is not entitled to change or amend the terms of service.
Contracts Between Third Parties And The User
The publishers services may include additional services by third parties (such as payment processing services), which the user may take advantage of. The user will be notified of any additional contracts required by the respective third party.
Description And Scope Of The Service
The publisher provides the player with the opportunity to play games by himself or with other users. The service may be paused, removed, or changed by the publisher at any time without announcing a reason or notice. The user is not entitled to the service. In particular the publisher reserves the right to extend existing free-to-play components by optional premium (e.g. paid for) components. The publisher will provide premium services for the agreed time within his possibilities.
Virtual Currency, Currency, Commercial Use, Permissions And Fees
Virtual Currency, Currency Symbols
Currency symbols and monetary amounts may be displayed in the process of offering games. In this case those symbols refer to “play money” or “virtual currency” and do neither represent real currency nor have monetary value. Virtual currency may not be sold or exchanged for goods or services with monetary value. The games virtual currencies and virtual items only purpose is to serve the game. The user is neither entitled to nor owns the virtual currencies or items.
The publisher provides his services (e.g. online games) exclusively for entertainment purposes. Commercial or professional use is not permitted. Registrations via professional or commercial parties are neither permitted.
Rights And Ownership Of Virtual Items
The publisher and his contractual partners obtain the exclusive rights to all virtual items (free and premium) in the game. This also includes player created items, for which the user grants the publisher an unrestricted and exclusive permission of use (e.g. redistribute, modify, sublicense, sell). The user is granted a non exclusive usage right limited to the duration of this contract.
a) Unless stated otherwise the publishers services are free of charge.
b) Minors and their legal guardians ensure that any payments of premium (e.g. paid for) services have been authorized by their legal guardian.
c) When the user purchases a service from the publisher, he will be informed about the means, functionality, duration, fee and available payment methods.
d) Declared fees for premium services are due as soon as the contract is established. The fees may already be collected a few days earlier by the appointed third party (e.g. payment service provider) for example in order to ensure a steady supply of a premium service.
e) The user is required to state complete and correct details for billing purposes. Where applicable this includes but is not limited to the account owner, account numbers, and credit card details.
f) The publisher is entitled to change, extend or limit the available means of payment at any time.
g) The publisher is entitled to change (in particular increase or decrease) the fees and/or exchange rates of his virtual goods and services.
h) The publisher is entitled to interest (with rates defined by German law or court) in case of late payments, is permitted to stop his services and is entitled to remedy payments in case of continuing damages.
i) Costs or third party fees due to lack of credit or other user caused delays in payment must be covered by the user. The publisher is entitled to charge fees for repeated billing and accounting attempts based on user caused payment delays.
The Users Obligations
The user is required to register (either with the publisher or at the social network that is hosting the publishers service) with a user name and a valid email address of his own. The user is not granted free choice of user name and is not granted any rights, claims or entitlements with respect to his chosen name. The name may not infringe rights of third parties or violate common expectations of decency. The name must not contain or indicate email or websites addresses. The user takes responsibility to provide the publisher with correct, complete, and up to date data upon registration. Furthermore the user is required to update any changes to his registration data. Only natural persons are permitted to register. The registration may not be assigned to third parties or be done on behalf of a third party. A registration may not be transferred to a third party without prior approval by the publisher. The player is obliged to secure his registration data against access by third parties. If the user suspects third parties to have accessed or to be using his registration data, the user is obliged to notify the publisher immediately, change his data or ask the publisher to change the users data. The player is only permitted to register once for each of the publishers products (e.g. a game) unless the game rules explicitly state otherwise.
Rules for Fair Game Play
The user agrees to use the services carefully, stick to the games rules and not to attempt to manipulate the publishers services. In particular the user agrees to use only one account, not to make the account available to others, and not to use accounts of other users. The publishers software and media may not be entirely or partially replaced by software that is not provided by the publisher. In particular this prohibits automated or assisted playing (e.g. using so called “bots”). Any kind of commercial use of the publishers services is prohibited, unless stated otherwise in a written contract.
Chat And User Generated Content
Users Responsibility With Respect To User Generated Content And Chat Messages
The user takes full responsibility for his chat messages and other generated content (such as postings in forum). The user discharges and releases the publisher from any claims by third parties based on his generated messages, content or other actions. The publisher explicitly does not take any responsibility or authorship for user generated messages and content. The player grants the publisher an unrestricted, exclusive and non revocable permission of use for the users generated content.
Monitoring of Content, Notices, And Storage
The publisher does not conduct extensive active monitoring of user generated and user published content. However the publisher performs focused checks on a regular basis. If required the publisher will modify or remove illegal user generated content, that has been reported to the publisher using the available support addresses or other support mechanisms. The publisher reserves the right to store user generated content within legal limitations.
Requirements For User Generated Content
The user is not permitted to publish content within the publishers services, websites, forums or similar communication channels within or associated to the game (e.g. game chat), that:
a) is criminal or violates applicable laws
b) may help to infringe third party rights (such as trade secrets, trade marks, patents, design patents, copyrights and other rights)
c) infringes public policy or common expectations of decency
d) is offensive, shocking, obscene, or pornographic
e) glorifies or promotes violence or racism
f) is unsuitable for children or may have an undesirable influence on the development of the later
g) is irrelevant, untrue, insulting, mocking, deteriorating, harassing, slander, or pestering
h) is intended to promote religious, political, ideological or similar opinions
i) contains or links to hacks, cracks, viruses, trojans, bots, macros, malicious software or other executables that may modify or restrict a users device (e.g. computer) in a non desired or non authorized way
j) collects data of other users or makes it available for personal or commercial use
k) can be used or are intended to gain knowledge or ownership of passwords or private data of other users
l) contains information about fraudulent means (such as cheat programs, automation programs, macros)
m) contains information about third parties without explicit consent of the third party
n) without explicit permission of the publisher, suggests to represent the the publisher
o) contains information that can give players an unintended advantage (such as exploiting a mistake or bug in a game)
p) can be considered as an obvious or hidden advertisement or serve any other commercial purpose
q) contains questionnaires, chain mails, Ponzi schemes or similar content
r) intends to use the publishers or other players content (including titles, trade marks, names, terms) for other personal or commercial purposes (for example for advertisements)
Access Limitations Of Games Or Features
The publisher is permitted to require appropriate conditions for the use of his services, games, and game features, such as:
a) a minimum age
b) a minimum number of completed or successfully finished games
c) the users payment history or proof of payment
d) specific game related or feature related conditions
The player is not permitted to use names or addresses of companies, products or websites within his generated messages or content, if its mentioning can be considered as of advertising nature. The publishers websites may only be used for commercial or advertisement purposes based on prior written agreements with the publisher.
Liability For Damages Due To Breach Of The Users Obligations
The publisher is not liable for any damages due to a users breach of his obligations.
Possible Consequences Of A Breach Of The Users Obligations
The publisher reserves the right to take the following actions, if a player breaches his obligations, the terms, or rules related to individual games or game features, rights of third parties, additional rules and policies or laws, without releasing any of his claims in doing so:
a) modify or remove content
b) remind or warn the player
c) publicly announce the players name and his wrongdoing
d) temporary or permanent ban of the player for individual (e.g. banning from the chat) or all of the publishers services, games, features and contents
e) temporary or permanent block of the player for individual (e.g. banning from the chat) or all of the publishers services, games, features and contents
f) full exclusion, ban or debarment in cases of violation of the terms paragraph 5
g) immediate termination of individual or all usage permissions of the publishers services for the user.
Bans, Terminations, Exclusions And Reregistrations
A banned, excluded or terminated user is not permitted to register for one of the publishers services, unless he obtains a written permission from the publisher. The revocation of bans or other sanctions (e.g. full exclusions, terminations, debarment, and limitations of services) are solely at the discretion of the publisher. The user has no right or entitlement to a removal or circumvention of the aforementioned sanctions.
Further Conditions For A Termination Of Service
Under no circumstances the player is permitted to:
a) sell, trade or use virtual currency or virtual items, that are used in the publishers games and services, in a trade like manner outside of the publishers game.
b) use software that inspects or records data related to the publishers games and services. A banned, excluded or terminated user is not permitted to register for one of the publishers services, unless he obtains a written permission from the publisher. The revocation of bans or other sanctions (e.g. full exclusions, terminations, debarment, and limitations of services) are solely at the discretion of the publisher. The user has no right or entitlement to a removal or circumvention of the aforementioned sanctions.
c) use methods or tools to change or block advertisements (e.g. specialized tools, text based browsers, blockers) in or around the publishers services.
Code Of Conduct
In addition to the publishers terms of service the user is obliged to adhere the terms of any third party that supports the publisher in hosting the service in a to the user obvious way. In particular this may refer to social networks or websites such as Facebook, VZ Networks, Odnoklassniki and Vkontake.
Liability Of The Publisher
In case of free services, the publisher is only liable if obvious negligence or intent can be proven. In case of premium content the publisher is liable in case of negligence or intent. In case of simple negligence the publisher is only liable, if the publishers cardinal duties are delayed or impossible. Compensations for the publishers breach of cardinal duties are limited to the typical damage that could be expected based on the known circumstances at the time that the contract was settled. Cardinal duties are defined to be duties that are required to properly implement the contract and satisfy purposes that the contract states the user being entitled to. In particular the publisher is not liable for damages caused by third parties. The user is not entitled to the services (see paragraph 3). These terms do not limit the publishers liabilities in case of physical injury, death, or impairment of health. The publisher is not liable for damages caused by users, who breach the terms, code of conduct or related obligations. The publisher is only liable for loss of data, if the player did not have the opportunity to prevent the loss by employing appropriate protective methods.
Users Liabilities, Release Of Third Party Claims
a) The user is fully responsible and liable for his actions. He discharges and releases the publisher from all third party claims that are due to the users actions. In case of such claims the user is obliged to immediately and truthfully provide all required information that are required to assess and defend the publisher against such claims. In this case the user is in particular obliged to defend the publisher from all damage-compensation-claims and covers them as well the costs required to asses and defend the publishers rights in this respect.
b) If sufficient suspicion arises that the user has breached the law, the terms (especially including paragraph 5, 7, 10, 11), or third party rights, the publisher is entitled to exchange information with affected third parties including third parties that assist in hosting or making the publishers game accessible in order to identify the user and assemble evidence until the issue has been resolved in all required legal means or the injured party and the publishers have dropped all claims. The term “third parties that assist in hosting” in particular includes social networks, websites and similar providers that make the game accessible to the user. In case technically possible with reasonable effort and legally permitted, the user will be notified of such an exchange of information and its reasons.
Interference Of The Service, Attempted Misuse
The publisher reserves the right to save user data and connection data for durations exceeding the times mentioned in paragraph 5.3.2, in case the user does not use the services responsibly, breaches his obligations, intentionally interferes with the services, or takes advantage of paragraph 9b in the position of the injured party.
Software And Media
In order to provide services to the user, the publishers makes software and media accessible to the user, which are – even if not explicitly marked – protected by copyrights owned by the publisher or the respective authors. Any distribution, modification or analysis of software or media (including but not limited to so called “reverse engineering”, “decompilation”, “packet sniffing”, “debugging”) is explicitly prohibited unless stated otherwise in a written and valid permission.
Terminations Due To Severe Reasons
Each party is permitted to terminate the contract in case of the following severe reasons without abiding a cancellation period:
a) in case the players payments are delayed and are not being paid after one reminder
b) in case the player obstructs the playing experience of other players significantly
c) in case the user trades, buys or sells virtual items or virtual currencies that are used in the publishers services or uses them outside of the publishers services
d) the user breaches the terms, law, additional terms or agreements or violates a games rule
e) in case the user is inactive for a considerable time or terminates the contract, the publisher is permitted to delete the users registration
Acceptable Means of Termination
A termination needs to be delivered in written form, whereas an email, a digital message within a social network or a similar form of written notice are considered to be of appropriate written form.
Right Of Revocation
Right Of Revocation
You may revoke your agreement without declaration of reasons within fourteen days.
This two weeks period begins at the date of contract. The revocation notice is to be send to
with a clear statement (e.g. by post mail, fax or email) of your decision to withdraw from this contract.
You may use the provided withdrawal form, which however is not mandatory.
Consequences Of Revocation
If you withdraw from this contract, you will get all the payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest of those offered by us), immediately latest within fourteen days from the date on which the notification is received via your cancellation of this contract. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise. In any case you will not be charged fees for such repayment.