General Terms and Conditions
§ 1 General information
By registering for the game “Might Makes Right”, the user is requesting to enter into a free user agreement with Browser Fantasies GbR (hereafter referred to as “operator”). In addition, by providing his email address, the user states his consent to the verification of his email address (see § 2). The operator accepts this request by granting a user account that provides access to the game. The user agreement is based on these general terms and conditions, which the user acknowledges by registering. There are no subsidiary agreements. The operator enters into user agreements exclusively with natural persons. The user agreement is valid for an indefinite time period and can be canceled in writing, generally by email, at any time by both parties without adhering to a particular schedule. The user does not have any claim on opening an account, being permitted to participate in the game, the maintenance of the game or its accessibility. The operator reserves the right to continue developing the game or to change it at any time or cancel its operation without stating a reason. The operator may change these general terms and conditions at any time. The operator will notify the user of any changes explicitly and in a timely fashion. By playing the game again (logging in) after the notification has been sent, the user declares his acceptance of the changed general terms and conditions.
§ 2 Account / ownership of virtual goods
Account names must contain at least three characters, which may consist of letters, numbers, blank spaces and some special characters. However, they may not consist entirely of numbers. When choosing an account name, the rights to a name by actually existing persons must be respected. This also applies to naming groups, which may not be named after existing associations, companies or brands. All accounts, including the associated values, resources, objects, etc., are virtual goods in the game. The user receives an exclusive usage right to the account and a non-exclusive usage right to all other virtual goods. The usage rights are limited to the period of validity of the user agreement unless a shorter period is specified in the game. 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 under the premium plan (see § 10). The user does not have the right to switch the account into another game world or onto another server. 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. The access data to an account may not be sold or divested in any other form. Every player is responsible for the security of his access data and is required to choose a secure password. The operator does not assume any liability for the loss of virtual goods. In case of doubt, the user must prove that he was not responsible for the loss by choosing an insecure password or through his handling of the selected password.
An account must be verified with a valid email address. If the provided email address is not valid, the operator reserves the right to ban or delete the account. By registering for the game, the user declares his consent to being sent an email by the operator to verify the provided email address and guarantees that he is entitled to use this email address. He releases the operator from any claims that may result from providing an email address that the user is not entitled to use. The operator also reserves the right to delete any non-used accounts after an appropriate time period.
§ 3 Copyrights and usage rights
The operator and, if applicable, the corresponding licensers are the owners of the game’s copyrights and usage rights. The operator is the exclusive owner of the usage rights. The copy or use of the provided graphics, sound documents, video sequences or texts in other electronic or printed publications is prohibited without the operator’s explicit permission. This includes all known usage formats (TV, online stream, radio, Internet, mail, print, etc.). Any use of the game for commercial purposes requires the explicit written permission of the operator. If you have questions or information or suspect a breach against one of your own copyrights or usage rights, please contact the operator immediately. If the information is substantiated, remedial action will be taken immediately.
§ 4 Multi-accounting / account sharing / account sitting
Every player may only use one account per server. If a player plays with more than one account simultaneously, this can result in a ban of all involved accounts.
An account may only be used by one person. Account sharing, i.e. the mutual use of one account by several persons, is not permitted.
This does not apply to temporary account sitting. Here one user plays with the account of another, temporarily unavailable user on his behalf. The account sitting period must be at least 24 hours but less than 21 days. During this period, the user of the looked-after account may not log in. The two accounts may not attack each other. The user of the looked-after account assumes the risk for the entire process of account sitting. Providing the access information to the account sitter constitutes a great risk for unwanted changes in the account. The operator does not assume any liability in respect to changes, losses or the deletion of the account. In particular, the operator does not assume any liability for potential uses of the premium currency (see § 10).
§ 5 Exploiting bugs & scripting / cheating
The user may not undertake any measures that cause an excessive data transfer to the server (such as auto-refresh) or that may impair the game progress. Automatic or semi-automatic scripts that execute database queries or activate game mechanisms are particularly prohibited. In case of an infringement, the corresponding account will be deleted or banned without prior warning. The operator reserves the right to claim compensation in the amount of the damages and the resulting administrative expenses. If the player finds any program errors (bugs), he is obligated to report these immediately to the operator by using the support mask. Anyone who exploits bugs to create an advantage for himself or others must expect that his account will be banned. The intended triggering of a program error is only permitted if the affected player is requested to perform this by a support employee.
§ 6 Rules of conduct
The naming and linking as well as advertising of outside commercial products, offers, Internet pages or companies is not permitted in any form. Texts entered into the game by the user, such as descriptions, names, guild names, guild descriptions, forum entries, hyperlinks or news that transgress moral boundaries, infringe on the rights of any person or violate any applicable law, especially that of youth protection, as well as contents or links to contents that invoke such a violation can be edited by the operator and the accounts of the responsible person(s) may be banned or deleted. The user can also expect legal prosecution. The operator does not claim ownership of texts entered or linked to by users. Checks are performed via sampling and following concrete information. It is not permitted to claim the identity of another user or support employee, community manager, operator or similar in the game, especially in the forum, or to threaten other users with sanctions by such persons.
§ 7 Game language
The official language in the game and forum is based on the language of the game texts on the respective servers. If a foreign language is used, character descriptions, guild texts and in-game news may lead to the ban or deletion of an account, since it will not be possible to guarantee compliance with the rules of conduct in such cases. Latin quotes in character and guild descriptions are excluded.
§ 8 Enforcing the rules
A team consisting of community managers (CoMas), game staff and support employees is responsible for enforcing the rules. They should be contacted by using the game’s support mask and providing the verified email address to ensure that the user data will be treated confidentially. If a user tries to circumvent a decision made by the responsible processor by contacting another processor about the same case, this may result in the ban or deletion of his account. This excludes complaints as long as they are made by using the corresponding function in the support form.
§ 9 Data security
Only very few data are collected during the game registration. In addition to the email address, this includes only a password for the log-in process and a pseudonym. The operator uses this information in accordance with the privacy policy and under the strict conditions of the applicable laws, such as the German Data Protection Act (BDSG) and the German Telemedia Act (TMG). In compliance with § 13 par. 2 no. 4 TMG, the user can cancel his consent to the future use of his data at any time by deleting his account in the game’s option menu.
§ 10 Costs
The game can be played completely free of charge. No automatic costs are generated by registering or playing the game. However, the user has the option of having a premium currency credited to his account for a charge. This currency is credited to the account of the user placing the order. The prices can be seen in the corresponding game menu. The premium currency can be used to buy additional content in the game. This can consist of special items, means of transportation or other benefits in the game. But there is no claim to the availability or to particular benefits. The premium currency units required to use such content is clearly stated in each case. Since additional content can only be used if units of the premium currency are available in the user account, no additional costs can arise. By using the premium currency, the user receives a non-exclusive usage right for the selected benefit that is applicable solely for the respective user account. Unless the period of validity of this benefit is stated otherwise in the game, it is limited to the period of validity of this agreement. All rights that go beyond the limited usage right remain with the operator.
The operator provides access to a variety of payment methods, which the user can freely choose from. For this purpose, the operator maintains business relationships with third party providers, such as banks. 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 operator performs its services for the corresponding 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 operator. If you have any questions, please contact your provider or our support team.
To protect younger players, the game does not offer any possibilities of winning money or cashing out (§ 6 par. 2 Youth Protection Act). This means that units of the payment currency cannot be exchanged for real currency or paid out. Upon termination of the user agreement, any unused units expire.
If the user is a minor, by ordering units of the payment currency, he explicitly declares that he received the means of payment for these units for this purpose or for free use.
§ 11 Minimum age of users
To register and create a game account a user has to be at least 16 years of age since Might Makes Right is about many mature topics and makes use of strong language, partial nudity, violence, and drug use (alcohol). If we receive notice of an underage user the corresponding account will be deleted or banned without prior warning.
§ 12 Final clause
For all damages in connection with using the game, the operator is only liable in case of willful intent and gross negligence. The assignment of claims by the user to third parties against the operator is excluded.
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. 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 location of the operator’s headquarters is the place of jurisdiction for all civil disputes. The operator is also entitled to file a suit at the user’s general place of jurisdiction.
If parts of these conditions do not, no longer or do not completely comply with the current legal regulations, this does not affect the content or validity of the remaining parts. The invalid part will be replaced by a legally valid regulation that comes closest to it from an economic perspective.
Last edited on June 26th 2012.