GENERAL TERMS AND CONDITIONS
1.1 The following general terms and conditions regulate the use of online and mobile games and other services provided by Phoenix Games LLP (hereinafter referred to as "Phoenix Games"), on Phoenix Games websites and in app stores.
1.2 Phoenix Games offers online and mobile games and other services within the context of its technical and operational capabilities, with an average annual availability of 90% (ninety percent). This does not include periods of time during which the use of online and mobile games and other services are interrupted or affected due to urgent technical reasons or required maintenance work. Phoenix Games is not liable for these instances in accordance with the conditions of this contract. This also does not include periods of time in which Phoenix Games ' general servers or the servers of certain games do not allow online access due to reasons beyond Phoenix Games control (force majeure, third party responsibility, etc.).
1.3 Phoenix Games continuously updates, changes, and develops its online and mobile games and other services at its own discretion. Users can therefore only participate in the respective online game, mobile game, or other offer in its respective form provided at any given time. Phoenix Games retains the right to cease operating an online or mobile game or remove a specific service without explanation.
1.4 Online and mobile games and other services offered by Phoenix Games are intended solely for the purpose of entertainment. The use of these games or services for business or commercial purposes is strictly prohibited.
1.5 Users are responsible for ensuring that their own software and hardware is suitable and up-to-date.
1.6 In addition to these general terms and conditions, any existing rules of the respective online or mobile game shall also apply. In the case of an inconsistency between these general terms and conditions and the rules of the game, the provisions of these general terms and conditions shall take precedence when settling the instance of contradiction. In addition, specific terms and conditions shall also apply to certain online or mobile games, specific versions and/or components of online or mobile games, and individual services offered on Phoenix Games websites as appropriate. Users will be appropriately informed of any specific terms and conditions prior to use of the respective offer.
1.7 Users have the opportunity to use the services of Phoenix Games contractual partners for various online and mobile games and other services. In these cases, a separate contract between the user and the respective contractual partner of Phoenix Games shall be concluded. Users will be informed of this in an appropriate manner prior to concluding the contract.
1.8 Other provisions or general terms and conditions of a user, which deviate from Phoenix Games general terms and conditions, shall only apply if Phoenix Games gives prior written consent to their validity.
2.1 In order to use the online and mobile games and other services provided by Phoenix Games, users must register for and, if needed, install the app in question.
2.2 Only natural persons are eligible for registration. Only individual persons are permitted to be authorized users (no groups, families, spouses or life partners, etc.).
2.3 Children under 16 years of age are not permitted to register.
2.4 Users are not permitted to download mobile games via the Apple App Store if they are: located in a country that is subject to an embargo by the US government or in a country that the US government classifies as supportive of terrorism.
on the US government's list of prohibited or restricted parties.
2.5 Users must enter a player name and generally an email address registered to the user in order to register for the online games; the mobile games require a player name. Users have no claim to a particular player name. The selected player name may not infringe upon the rights of third parties and violate existing legal prohibitions or common decency. Moreover, no email or web address may be used as a player name. Users must ensure that the information provided to Phoenix Games during registration is genuine and complete.
2.6 Certain games also allow registration using Facebook login credentials. The data required for registration shall be taken from the user's Facebook account for this purpose.
2.7 Users must register for their accounts themselves. Registration performed via third parties, especially those that register individual people commercially at various service providers (registration services and/or entry services), is not permitted.
2.8 After successful registration, the user creates an account ("user account") which the user can manage independently. The user account cannot be transferred without the explicit consent of Phoenix Games.
2.9 Users have no right to claim registration or activation.
3.1 User data
Users agree to immediately provide Phoenix Games with any future changes to data entered upon registration, in particular any change to the email address. Users are obliged to confirm for Phoenix Games the accuracy of their data upon request.
3.2 Login data, identification, passwords
3.2.1 Users are required to maintain strict confidentiality regarding all login data, identification, and passwords.
3.2.2 The terms "login data", "identification", and "passwords" include all letter and/or character and/or number sequences used to authenticate the user and prevent unauthorized use by third parties. The password should not be identical to the player name, and it should consist of a combination of numbers and letters.
3.2.3 Users are required to protect all login data, identification, and passwords from third-party access.
3.2.4 In the event that a user has reason to believe that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall inform Phoenix Games immediately and change their data or have it changed by Phoenix Games. In this case or in the event that Phoenix Games has concrete evidence of misuse of data, Phoenix Games has the right to temporarily block access to the user's account. If there is evidence of misuse of data, Phoenix Games shall inform the user.
3.2.5 Users are under no circumstances entitled to use the login data of another user, unless the rules of the respective online or mobile game or other service allow for exceptions.
3.3 Use of Phoenix Games websites and website content
3.3.1 Phoenix Games websites and mobile games include various content that is protected by trademarks, copyrights, or other means for the benefit of Phoenix Games or third parties. Unless explicitly permitted within these general terms and conditions, users may not edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes any of Phoenix Games websites, mobile games, or the content or any portion thereof. Only technical copies intended for browsing purposes and permanent copies intended solely for private use shall be permitted. Copyright information and brand names may not be changed, hidden, or removed.
3.3.2 The term "content" includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided by Phoenix Games. The term "content" also includes, in particular, all services available for download.
3.3.3 Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of Phoenix Games websites, any individual services and/or offers there, or its online and mobile games. Users are also required to abstain from any measure which may allow unauthorized access to data. Content may only be called up in a manner that does not affect other users' use of Phoenix Games websites and content. The transfer of data or software that may affect the hardware or software of recipients is not permitted.
3.3.4 Any use of Phoenix Games websites or mobile games for commercial purposes, especially advertising purposes, requires the express prior written consent of Phoenix Games.
3.3.5 Users are not entitled to publish content on Phoenix Games websites, online games, mobile games, or other services.
3.3.6 Phoenix Games websites may not be used via an anonymization service that hides the user's true IP address.
3.4 Use of client software
In the case of offers which require the prior installation of a client software, Phoenix Games grants the user an unrestricted, non-exclusive, non-transferable, personal, and time-limited in terms of the user agreement right to install the client software and use it for the agreed purposes according to these general terms and conditions and the rules of the respective game. The software may not be used for commercial purposes in any manner. Modifications to the client software and a back-translation of the relinquished programming code into other code forms (decompilation) and other types of reverse engineering of the software's various production levels are prohibited if these are not required for establishing interoperability. Phoenix Games is liable for damages to the user in accordance with the statutory liability provisions.
4.1 The user may only take part in every round (e.g. World, Universe, etc.) of an online game or mobile game using one user account, unless the respective rules of the game allow for exceptions from this. The use of several user accounts by one user is not permitted. Multiuser accounts such as these may be deleted or banned at the reasonable discretion of Phoenix Games.
4.2 Users are prohibited from enacting any form of manipulative interference in online or mobile games. In particular, users are not entitled to utilize measures, mechanisms, or software that could interfere with the function or progress of the game. Users may not take measures that may cause an unreasonable or excessive burden on technical capacity. Users are not allowed to block, rewrite, or modify content generated by the game administration or to interfere with the game in any other manner.
4.3 Under no circumstances may users
4.4 Users are also prohibited from running the online game (including all individual web pages) with programs other than the internet browser or the client program that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement the web interface. Also prohibited are scripts and completely or partially automated programs that provide users with an advantage over other users. This includes auto-refresh functions and other integrated browser mechanisms if they concern automated procedures.
4.5 It is prohibited to apply measures that hide advertisements. It is of no significance whether advertising is deliberately hidden or cannot be displayed in general e.g. by so-called pop-up blockers, text-based browsers, or similar.
4.6 The automated creation of user accounts, regardless of whether the home page is displayed or not, is not permitted.
4.7 Phoenix Games or contractors authorized by Phoenix Games hold all and exclusive rights to items used and virtual items provided in online or mobile games. Users will only receive a non-exclusive right of use to the virtual items for the duration of the user agreement.
4.8 Chip transfers
You may give chips to your buddies using the "send chips" tool. This tool is found by clicking on a picture of a buddy at the table or by viewing their profile page. However, you are not allowed to send these gifts in exchange for money or an equivalent to money. Doing so could result in your accounts being blocked or a chip penalty being stipulated at the reasonable discretion of Phoenix Games.
The only permissible method for transferring chips between accounts is the "send chips" tool (see Point a). Losing chips on purpose (e.g. purposefully losing a poker hand at the table) in order to send chips to a buddy (or to yourself at another account) represents a breach of the general terms and conditions. Doing so could result in your account being blocked and a chip penalty being stipulated at the reasonable discretion of Phoenix Games.
The misuse of scripts or manual processes in order to create chips is not permitted. Doing so could result in Phoenix Games blocking the respective user account or stipulating a chip penalty.
5.1 Phoenix Games may provide users with different communication facilities for self-created entries and posts on Phoenix Games websites, in the game, and on social networks (particularly discussion forums, chats, blogs, guest books, etc. as well as the utilization of their comment functions, altogether known as the "communication facilities"), which the user may use when available. In this regard, Phoenix Games only provides users with the technical environment for an exchange of information. However, users do not have the right to claim communication features.
5.2 Users take full responsibility for the content and entries they post. Users agree to release Phoenix Games from any legitimate claims from third parties arising from a culpable violation of the users' obligations. Phoenix Games explicitly does not claim content entered by users as its own. However, users shall grant Phoenix Games the permanent, irrevocable, non-exclusive right to use the content and contributions posted by the users.
5.3 Within the context of these communication facilities, users are prohibited from publishing or distributing content on Phoenix Games websites that:
5.4 The inclusion of websites or names of companies and products is only permitted if this is not primarily for advertising purposes.
5.5 All users of these communication facilities are required to use acceptable words. Abusive criticism or derogatory attacks shall be avoided.
5.6 Notwithstanding any other rights under these general terms and conditions, Phoenix Games has the right to fully or partially remove content and entries that violate the rules of these general terms and conditions. Phoenix Games also has the right to exclude users who violate these rules, in whole or temporarily, from further use of Phoenix Games online and mobile games, websites, and other services.
6.1 Phoenix Games is not liable for damages resulting from a user's breach of duty.
6.2 Regardless of any additional legal or contractual rights, it is at the reasonable discretion of Phoenix Games to take the following actions against any user who culpably breaches statutory law, third party rights, these general terms and conditions, or any respective additional regulations and game rules:
6.3 If users have been blocked or excluded, they may not log in again to a service provided by Phoenix Games without the prior consent of Phoenix Games.
7.1 Users can play the online and mobile games offered essentially free of charge. However, the user can pay money to purchase virtual currency (e.g. rubies, gold, jewels, the "premium currency"), certain virtual features, and other services (together with the "purchasable features") within the context of the online games and mobile games. The price for the desired virtual currency appears in Euros, US dollars, or in another currency applicable to the user's region. The user can purchase advantages or virtual items in the online or mobile game with the premium currency purchased.
7.2 Users will receive specific information on the features available for purchase, particularly the function of the feature in question, how long the feature for purchase will be available (if applicable), the respective purchasing price, and the payment method available in the online or mobile game.
7.3 Users can submit their offers to purchase the available features by selecting the desired item and desired payment method offered in the respective online game or mobile game, clicking on the Buy Now button, and thus concluding the order process.
7.4 The payment options vary according to the online or mobile game, the participant's country, and the technically feasible payment options available in the market. Phoenix Games reserves the right to amend their payment options.
7.5 The money is collected via the service provider commissioned by the user for the respective payment process or via a transfer made by the user. For mobile games, money is collected via the respective app store. In individual cases, the general terms and conditions included by the authorized service provider may be applicable in addition to the general terms and conditions of Phoenix Games
7.6 After completion of the payment process or, in the case of a transfer, after the receipt of the money in Phoenix Games account, Phoenix Games shall credit the purchased features to the user's account. The credit simultaneously represents that the user has accepted a contract from Phoenix Games regarding the purchase of available features.
7.7 In mobile games on the portals of individual business partners and in online and mobile games that have been integrated into social networks, the conclusion of the contract may deviate from the procedure described here. In these cases, users will be informed on the specific procedure for concluding a contract.
7.8 The user acknowledges and agrees that all information provided as part of a payment transaction (in particular bank account, credit card number, etc.) is complete and correct.
7.9 Phoenix Games retains the right to revise the fees for features available for purchase. This includes Phoenix Games right to increase or decrease the fees for all individual features in all future cases of purchases of purchasable features.
7.10 Statutory interest shall accrue in instances of default. Phoenix Games is also entitled to block the user account, recover further damages, and terminate services.
7.11 Should Phoenix Games incur back charges or cancellation fees at the fault of the user (including an inadequate account balance), the user shall bear the costs incurred from this.
8.1 Users are held personally liable for any violation of a third party's rights. Users agree to reimburse Phoenix Games for all damages resulting from the culpable non-observance of the obligations of these terms and conditions. Users release Phoenix Games from all eligible claims that other users or third parties may file against Phoenix Games due to a violation of their rights by content posted by the user or due to a violation of other obligations. Users shall assume the costs of Phoenix Games legal defense, including all court and legal fees. This condition does not apply if the user is not responsible for the infringement.
8.2 The liability of Phoenix Games, on whatever legal grounds, whether due to contractual misconduct or a breach of duty, is ultimately determined in accordance with the following rules:
8.2.1 If Phoenix Games provides the respective liability-causing service free of charge, Phoenix Games is liable only for malice and gross negligence.
8.2.2 In the case of non-gratuitous services, Phoenix Games liability is limited to cases of malice and gross negligence, but unlimited in cases of personal injury. In cases of slight negligence, however, Phoenix Games will only be liable for a breach of essential contractual obligations such as delay or unavailability which Phoenix Games is held responsible for. In the case of a breach of an essential contractual obligation, liability is limited to the typical contractual damages that Phoenix Games had to calculate upon conclusion of the contract due to the circumstances prevailing at this time.
"Essential contractual obligations", as previously stated, are the obligations that may be relied upon by the user and that ensure that the contract runs in accordance with its regulations and achieves the contractual aim.
8.2.3 Phoenix Games assumes no liability for interruptions within the network that are not the fault of Phoenix Games.
8.2.4 Phoenix Games is liable for a loss of data in accordance with the foregoing paragraphs only if such a loss could not have been avoided by adequate backup measures taken by the user.
8.2.5 The aforementioned liability limitations do not apply in cases of explicit guarantees made by Phoenix Games, in cases of malice, and for damages due to the loss of life, limb, or health. Liability shall remain unaffected under the Product Liability Act.
9.1 Unless expressly stated otherwise for the respective online game, mobile game, or other service, the contract for the use of the Phoenix Games website, online games, mobile games, and other services runs for an indefinite period. The contract begins upon accreditation or activation of an account by Phoenix Games.
9.2 The contract may be terminated by either party at any time with immediate effect, provided that a temporary contract period has not been agreed.
9.3 Either party has the right to terminate the contract for good cause without giving a period of notice. "Good cause" constitutes, in particular, if
9.4 Termination must always be made in writing. Terminations sent via email are considered to have been made in writing.
9.5 In the case of extended inactivity Phoenix Games is entitled to delete the inactive user account after giving prior notice of this and only after at least 3 months of inactivity. Moreover, Phoenix Games is entitled to delete a user account at the end of the contract at its own discretion.
10.1 The European Commission provides a platform for alternative dispute resolution between consumers and online traders (ODR platform). You can access the ODR platform using this link: http://ec.europa.eu/consumers/odr.
10.2 We can be reached via the ODR platform. However, we do not intend to and are not obliged to participate in a dispute resolution procedure in front of a consumer arbitration board. Should you contact us, we will usually get in touch with you directly.
The laws of the Federal Republic of Germany shall apply; the UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the country in which the user resides shall remain unaffected by this legal decision.
12.1 Phoenix Games retains the right to modify these terms and conditions
12.2 Phoenix Games can transfer its rights and obligations from this contract to associated companies in accordance with Para. 15 of the Stock Corporation Act (AktG).
12.3 Users are only entitled to an offset if their counterclaim has been legally established or has been recognized by Phoenix Games and is uncontested or has resulted from this synallagmatic legal relationship. Users can only exercise a right of retention provided that it pertains to claims arising from this contract.
12.4 Phoenix Games generally communicates with the user via email - unless indicated otherwise by these terms and conditions. Users need to ensure that they regularly check the email account specified at registration for messages from Phoenix Games. When contacting Phoenix Games, users must indicate which online or mobile game and which user account the message concerns.
12.5 Should any provision of these terms and conditions be or become invalid and/or oppose statutory provisions, the validity of the remaining provisions of the terms and conditions shall remain unaffected.