- Subject; Area of Validity
- The following general terms and conditions
regulate the use of online and mobile games and other services
provided by emeyo GbR, on emeyo GbR websites and in app stores.
- emeyo GbR offers 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. Emeyo GbR is not liable for these instances in
accordance with the conditions of this contract. This also does
not include periods of time in which emeyo GbR general servers or
the servers of certain games do not allow online access due to
reasons beyond emeyo GbR's control.
- emeyo GbR continuously updates, changes,
and develops its mobile games and other services at its own
discretion. Users can therefore only participate in the
respective mobile game or other offers in its respective form
provided at any given time. Emeyo GbR retains the right to cease
operating an mobile game or remove a specific service without
- Mobile games and other services offered by
emeyo GbR are intended solely for the purpose of entertainment.
The use of these games or services for business or commercial
purposes is strictly prohibited.
- Users are responsible for ensuring that
their own software and hardware is suitable and up-to-date.
- In addition to these general terms and
conditions, any existing rules of the respective 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.
- Other provisions or general terms and
conditions of a user, which deviate from emeyo GbR's general
terms and conditions, shall only apply if emeyo GbR gives prior
written consent to their validity.
- Conclusion of Contract
- In order to use the mobile games provided
by emeyo GbR you must install the app in question.
- Only natural persons are eligible for
registration. Only individual persons are permitted to be
authorized users (no groups, families, spouses or life partners,
- Children under 13 years of age are not
permitted to register. Minors over 13 years of age may only
register with the permission of their legal guardians and, in the
case that the respective game or service has an age rating, only
after reaching the minimum age requirement.
- Users are not permitted to download mobile
games via the Android or 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 or on the US government's list of prohibited or
- Users must enter a player name and
generally an email address registered to the user in order to
register for the game in question. 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 emeyo GbR during registration is genuine
- Users have no right to claim registration
- Specific Terms for the Use of Mobile Games
- 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 emeyo GbR.
- Users are prohibited from enacting any
form of manipulative interference in 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
- Under no circumstances may users a) create
or use cheats, mods and/or hacks, or any other third party
software products that may change the result of the online or
mobile games, b) use software that allows the mining of data or
otherwise intercepts or collects information in connection to the
mobile games, c) sell, buy, or trade user accounts. This includes
all circumventions, similar actions, or actions that produce an
effect that matches the aforementioned bans.
- Users are also prohibited from running the
games with programs other than the client program that has been
provided. This refers in particular to so-called bots and other
tools meant to replace or supplement the game interface. Also
prohibited are scripts and completely or partially automated
programs that provide users with an advantage over other users.
- Consequences of a Breach of Duty
- emeyo GbR is not liable for damages
resulting from a user's breach of duty.
- Regardless of any additional legal or
contractual rights, it is at the reasonable discretion of emeyo
GbR 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: a) issue a warning to the user b) immediately terminate
the contract and delete the user account.
- Usage Fees
- Users can play the mobile games offered
essentially free of charge. However, the user can pay money to
purchase in-app purchases. 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
- 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.
- Users can submit their offers to purchase
the available features by selecting the desired item and desired
payment method offered in the respective mobile game, clicking on
the Buy Now button, and thus concluding the order process.
- 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.
Emeyo GbR reserves the right to amend their payment options.
- 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 emeyo GbR.
- After completion of the payment process
or, in the case of a transfer, after the receipt of the money in
emeyo GbR's account, emeyo GbR shall credit the purchased
features to the user's account. The credit simultaneously
represents that the user has accepted a contract from emeyo GbR
regarding the purchase of available features.
- emeyo GbR retains the right to revise the
fees for features available for purchase. This includes emeyo
GbR's right to increase or decrease the fees for all individual
features in all future cases of purchases of purchasable
- Limitation of Liability
- Users are held personally liable for any
violation of a third party's rights. Users agree to reimburse
emeyo GbR for all damages resulting from the culpable
non-observance of the obligations of these terms and conditions.
Users release emeyo GbR from all eligible claims that other users
or third parties may file against emeyo GbR 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 emeyo GbR's
legal defense, including all court and legal fees. This condition
does not apply if the user is not responsible for the
- emeyo GbR assumes no liability for
interruptions within the network that are not the fault of emeyo
- emeyo GbR 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
- Deletion of User Accounts
- Either party has the right to terminate
the contract for good cause without giving a period of notice.
"Good cause" constitutes, in particular, if a) a behavior
significantly affecting the game experience of other players is
being displayed, b) cheats, mods, and/or "hacks" as well as any
other form of software, tools, or scripts that alter the gaming
experience or the game mechanism of online or mobile games are
being used, c) third parties make use of a user's account, unless
the rules of the game allow for specific exceptions, d) a user
makes use of a third party user account or uses more than one
user account per online game, unless the rules of the game allow
for specific exceptions, d) a user uses virtual items being used
in online or mobile games outside of the online or mobile games,
attempts to buy or sell these virtual items for "real" money, or
tries to trade them, f) a user has sold, bought, or traded a user
account, or g) the user culpably violates laws that serve to
protect other players or emeyo GbR, h) the user deliberately
violates these general terms and conditions, additional governing
provisions, and/or the rules of the game.
- Termination must always be made in
writing. Terminations sent via email are considered to have been
made in writing.
- Governing Law
- 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.
- Amendments to these General Terms and
- emeyo GbR retains the right to modify
these terms and conditions (a) in the event of any amendments
made due to legal changes, (b) in the event of any amendments
made due to decisions by the Supreme Court, (c) because of
technical necessity, (d) in order to maintain company operations,
(e) in the event of a change in market conditions, (f) for the
benefit of the user. No amendment will take place if such
amendment would substantially disrupt the contractual balance
between the parties. Users will be informed of any amendments to
the general terms and conditions via the emeyo GbR's website and
via the respective online or mobile game at least four weeks
before the amendment is scheduled to take effect. Alternatively,
emeyo GbR may send its users the amended general terms and
conditions via email or inform them that the amended general
terms and conditions can be accessed via the emeyo GbR's
websites. The user is entitled to object to any amendment within
four weeks. The terms and conditions are deemed to have been
accepted if the user remains silent for the four-week period or
if the user opens the game again after receiving notification of
the amended terms and conditions. Emeyo GbR will specifically
inform its users about the four-week period, the right of
withdrawal, and the legal significance of remaining silent.
- 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.
© emeyo, 2016