1. Subject; Area of Validity
    1. 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.
    2. 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.
    3. 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 explanation.
    4. 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.
    5. Users are responsible for ensuring that their own software and hardware is suitable and up-to-date.
    6. 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.
    7. 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.
  2. Conclusion of Contract
    1. In order to use the mobile games provided by emeyo GbR you must install the app in question.
    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.).
    3. 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.
    4. 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 restricted parties.
    5. 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 and complete.
    6. Users have no right to claim registration or activation.
  3. Specific Terms for the Use of Mobile Games
    1. 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.
    2. 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 manner.
    3. 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.
    4. 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.
  4. Consequences of a Breach of Duty
    1. emeyo GbR is not liable for damages resulting from a user's breach of duty.
    2. 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.
  5. Usage Fees
    1. 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 currency purchased.
    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.
    3. 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.
    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. Emeyo GbR reserves the right to amend their payment options.
    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 emeyo GbR.
    6. 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.
    7. 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 features.
  6. Limitation of Liability
    1. 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 infringement.
    2. emeyo GbR assumes no liability for interruptions within the network that are not the fault of emeyo GbR.
    3. 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 the user.
  7. Deletion of User Accounts
    1. 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.
    2. Termination must always be made in writing. Terminations sent via email are considered to have been made in writing.
  8. Governing Law
    1. 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.
  9. Amendments to these General Terms and Conditions
    1. 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.
    2. 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