Conditions of Use
Important Note: This document contains two separate types of contract terms with different subject matters and different contracting parties. The download (where applicable) and the free use of the game are governed by the General Terms and Conditions of SWEET NITRO SL. These are followed by the Special Conditions of European Games Group AG which, in turn, govern the acquisition of fee-based additional contents (particularly virtual currency). For the avoidance of doubt: With respect to the download (where applicable) and the free use of the game, the user solely concludes a contract with SWEET NITRO SL. Should the user decide to acquire fee-based contents, he concludes the corresponding contract solely with European Games Group.
General Terms and Conditions of SWEET NITRO SL for the Fancy Tale Game
Clause 1 Scope of Application and Prerequisites for the Free Use of the Game
- The following General Terms and Conditions (hereinafter referred to as "GTC") govern the free download of the game application (where applicable) and the free use of the game and its contents, including the websites, applications, features and other materials as well as related further services, which are made available by SWEET NITRO SL in accordance with these GTC and the Rules of the Game laid down in Clause 7.
- The use of the services, web presences, applications, features or contents and related further services is free of charge in principle. However, the user has the possibility of acquiring the right to use special game contents from third contracting parties against payment, if required. The acquisition of such contents shall be subject to special contract terms as set out below after these GTC.
- Conflicting conditions of the user shall expressly not be recognized. SWEET NITRO SL shall render its services exclusively on the basis of these GTC. The user can view these GTC at any time on the website SWEETNITRO.COM in the GTC section or print and/or save them for his or her records.
- Fancy Tale, the Fancy Tale website, applications, services, features
and contents are operated by:
SWEET NITRO SL
Managing Director: SAMUEL COLLINET, CAMERON VAN DEN BERGH
10 CARRER SANT SALVADOR, EDIFICI PLAZA, DESPATX 406, AD500 ANDORRA LA VELLA, ANDORRA
Commercial Register: Andorra, L-711888-M
(hereinafter referred to as "Operator" or "SWEET NITRO SL")
Details on SWEET NITRO SL can be found under the legal notice.
The worldwide marketing of the game (except for its gratuitous provision), including the delivery of virtual game currency against payment and/or other fee-based game contents, rests with:
European Games Group AG
Board of Directors: Johannes Sevket Gözalan
Schellingstraße 21, D-80799 München
Commercial Register: Munich Local Court, HRB 187516
For the avoidance of doubt: European Games Group neither acquires any rights nor enters into any obligations through these GTC. A contract between the user and European Games Group shall only come into effect if and to the extent to which the user acquires virtual currency or other game contents from European Games Group AG. Such acquisition shall be exclusively subject to the Special Conditions of European Games Group AG (further below in this document). These GTC do not govern the acquisition of virtual currency or other game contents against payment. In the event of a contradiction between these GTC and the Special Conditions of European Games Group AG, the latter shall prevail.
- By accepting these GTC, the user recognizes the version of these GTC that is applicable at the time of acceptance.
- These GTC fully replace older versions of the GTC for Fancy Tale.
- The game contents and further service offers of SWEET NITRO SL are continually further developed, updated and adapted. For this reason, only the most recent version of the game contents is online at the user’s disposal at each time. To the extent that the user accesses the game using an application, he is recommended to always use the most recent version available for this application in order to avoid problems with the presentation and use of the game contents and other services. SWEET NITRO SL shall not be responsible for any adverse effects caused by the use of application versions which are not up to date.
- The user's connection with the Internet itself, as well as the preconditions that the user's system has to fulfill to that effect, particularly the browser software used, do not fall within the services of SWEET NITRO SL and thus do not form an integral part of these GTC. The user is himself or herself responsible for ensuring the suitability, up-to-dateness and security of the hard- and software used. For the avoidance of doubt: This shall not apply to applications which might have been made available by SWEET NITRO SL and might serve to access game contents and/or services.
- The use of service offers of SWEET NITRO SL in relation to XXFancy Tale (including download and use of the applications) is free of charge in the basic version. However, certain features are only available to paying users (see Clause 5 of these GTC).
- SWEET NITRO SL can provide the user with communication possibilities for own contents and contributions. These may include, in particular, official forums on the Internet pages operated by SWEET NITRO SL, which the user shall be allowed to use within the scope of their actual availability and in accordance with these conditions. In this respect, SWEET NITRO SL solely provides the technical possibilities for information exchange. However, an entitlement to the provision of such communication possibilities does not exist.
- It is not possible for the operator to exercise direct control over all posted entries. The operator is not in a position to ensure permanent online monitoring of the contributions of the visitors and members. Therefore, he does not assume responsibility for the contents, the accuracy and the form of individual posted entries. As an author, every user shall be personally responsible for his or her entry. The publication of illegal or offensive contributions and/or contributions that are liable to prosecution shall be expressly prohibited. Every user shall at any time be obliged to comply with the existing legal provisions arising, for example, from penal law, youth protection law, trademark law, copyright law and the law on unfair competition. The posting of commercial advertisements in the contributions in any form whatsoever, for example as text, link or by fading in banners, shall equally be prohibited. SWEET NITRO SL reserves the right to delete entries and to withdraw the write permission from individual users for a certain period or at all. Furthermore, the rules of the game pursuant to Clause 7 and the protection of copyrights and third-party rights pursuant to Clause 9 of these GTC shall apply.
Clause 2 Conclusion of Contract and Contents
- For the mobile and platform versions of Fancy Tale, the steps leading up to the conclusion of the contract may vary depending on the app store (e.g. iTunes, Google Play, Amazon) and the platform (e.g. Facebook). The operation of downloading the game from an app store and/or connecting the game with a social media account on a platform shall additionally be governed by the conditions of use of the relevant app store and/or the relevant platform. Unless expressly stated otherwise in the app store and/or the platform, separate registration after downloading the application (app stores) and/or after connecting the game with the [user’s] own account (platforms) shall not be required. A contract governed by these GTC shall rather come into effect when the application is duly downloaded from the relevant app store and/or the game is duly connected with the user’s own social media account on the platform. To the extent that there is a possibility of connection with a social media account also within an application, such connection is voluntary and does not constitute a prerequisite for the conclusion of the contract.
- For the browser version of Fancy Tale as well as in cases in which separate registration is expressly required according to the product description in the respective app store and/or on the respective platform, the following shall apply for the conclusion of the contract:
- By registering for and/or using the service offers, the user agrees to these GTC. If an e-mail address is required for registration, the e-mail address must belong to the user personally and he or she must be regularly reachable at this address for the duration he or she uses the game, because SWEET NITRO SL generally communicates via e-mail. Accordingly, the use of one-way addresses (so-called trash mails) shall be expressly prohibited. Registration shall only be permitted to natural persons.
- In the course of registration the user may choose an admissible player’s name (nickname). The player’s name must not violate any rights of third parties or be contrary to accepted principles of morality. An entitlement to the attribution of a special user name does not exist. Inadmissible user names are, in particular, e-mail and Internet addresses and words which do not correspond to the technical requirements communicated within the scope of the registration process (e.g. prohibition of certain special characters), if applicable.
- The presentation of the game and its contents, including the websites, features and other materials as well as related further services does not constitute a binding offer. Only by completing the registration form does the user submit a binding offer to conclude a contract pursuant to Section 145 of the German Civil Code (BGB). To do so, all data fields marked as necessary on the registration form must first be duly completed in accordance with Clause 2 Paragraph 2 of these GTC, and subsequently be confirmed by clicking the corresponding button. Upon receipt of the user’s offer, the user will receive an automatically dispatched e-mail at the e-mail address the user has stated in the registration form. This automatic e-mail confirms that we accept the user’s offer. A contract with SWEET NITRO SL does not come into force until the declaration of acceptance conveyed by this confirmation e-mail has been received.
- The user shall have no entitlement to registration, activation and participation in the game. SWEET NITRO SL shall be entitled to refuse to confirm and to accept the registration without giving reasons.
Clause 3 User's Obligations
- The user assures that he or she is of legal age. To the extent that the user is a minor, the latter assures that he or she has obtained an effective consent of his or her legal representatives.
- The conclusion of the contract may only be performed personally, and must not be performed automatically or by third parties.
- The user is only allowed to use the service offer with not more than one account per game world (server) of Fancy Tale. This means that it shall not be possible for a registered user to open a new account in the same game world unless the previous account has been deleted. The creation and keeping of several accounts in the same game world (multi-accounts) is prohibited. Such multi-accounts can be blocked and deleted at any time without previous warning at SWEET NITRO SL's own discretion.
- The user undertakes to use his or her account exclusively for private purposes in line with the service offers. Commercial use in whatever form shall be expressly prohibited. This prohibition also includes the dissemination of advertisements and other commercial offers.
- The account is person-related and expressly not transferable. Therefore, the user undertakes not to transfer his or her account to third parties, neither against payment nor by way of donation.
- The user undertakes to keep his or her login data and especially his or her passwords strictly confidential and to protect them against unauthorized access by third parties. What we mean by “login data” and/or “passwords” are all letter and/or character and/or number strings used to authenticate the user with the aim to exclude access by unauthorized third parties. The password must not be identical with the player's name and must include a combination of numbers and letters.
- The user shall be prohibited from using the login data of another user.
- The user undertakes to contact the operator directly if there is a suspicion that third parties have obtained or might have obtained the login data without authorization. If a suspicion of abuse or a risk of abuse exists, SWEET NITRO SL shall be permitted to block the accounts involved temporarily until the suspicion has been eliminated.
- Manipulative interventions in the service offers are prohibited. These include, in particular, the use of software and mechanisms disturbing the service offers or procuring an unfair advantage over fellow players to the user. Among other things, the creation and/or use of hacks, mods, cheats, bots, data-mining tools and automated browser plugins shall be prohibited.
Clause 4 Duties of SWEET NITRO SL
- During the term of this contract, SWEET NITRO SL shall allow each user to participate in service offers of Fancy Tale free of charge.
- SWEET NITRO SL shall guarantee an accessibility of at least 90% of the game contents on an annual average. This refers to the capability of retrieval of the game contents of Fancy Tale from the server of SWEET NITRO SL via browsers or applications. SWEET NITRO SL shall assume no guarantee with respect to any connection errors by Internet service providers or breakdowns of third-party platforms (e.g. Facebook). Likewise, SWEET NITRO SL shall provide no guarantee in the event of interruptions or disturbances needed to carry out maintenance work.
- SWEET NITRO SL undertakes to counteract the risk of data loss through reasonable data backup measures (backups). In case of data loss, it is unfortunately impossible to reproduce game actions performed after the point in time when the backup was carried out. In relevant cases, SWEET NITRO SL shall endeavor to accommodate users concerned through playful activities in order to make good the damage suffered. However, the users cannot lay claim to such acts of generosity.
- For clarification: These GTC shall apply irrespective of whether the game is offered as a mobile version (APP), browser version or version for social media platforms. However, this does not mean that SWEET NITRO SL is obliged to offer the game in all these platform versions, or that one platform version of this game must be interoperable with another platform version of the game (i.e. that the accounts for one version could also be used for another version, for example).
Clause 5 Features, Payments
- The download of applications, the connection of the game with social media accounts and registration (to the extent provided) as well as the use of the basic version of the game and of service offers are free of charge. Items and virtual game currency can be collected and/or won free of charge in the game. The special items and the virtual game currency can be used to activate so-called features, i.e. individual additional services compared with the basic version (hereinafter referred to as "Features"), in the game. The exact description and functions of the respective features are shown in detail on the game and/or application website. In addition, there is a possibility of acquiring game currency and certain items from European Games Group AG against payment (but, for the avoidance of doubt, not from SWEET NITRO SL).
- There is no obligation for the user to acquire virtual game currency and features against payment.
- SWEET NITRO SL reserves the right to modify or cease to offer the nature, volume and contents of the features, and/or the right to offer them in the free basic version.
- Against payment of a fee, the user has the possibility of receiving special items and virtual game currency from European Games Group AG who shall be the exclusive contracting party at each time. The payment for the virtual game currency and the method of payment are shown in detail on the game and/or application website and/or in the application. Except as expressly stated otherwise, the prices are to be understood as final prices including taxes and any costs incurred for credit entries and/or provision (subject to country-specific modifications or deviations; these are explicitly announced on the relevant game and/or application websites and in the app).The acquisition shall be subject to the Special Conditions of European Games Group AG (see further below in this document); in the event of contradictions between this Clause 5 and the Special Conditions of European Games Group AG, the latter shall prevail.
- European Games Group AG shall be entitled to request payment for the acquisition of the virtual game currency in advance. The payments for the acquisition of the virtual game currency shall be due immediately when the contract with European Games Group AG is concluded, i.e. with the user's confirmation of the acquisition of special items or virtual game currency.
- The payments systems available in each case (e.g. PayPal, credit card, Premium SMS) result from the Special Contractual Terms of European Games Group AG and the conditions of use of the relevant app store and/or the relevant platform, if applicable. The user shall not be entitled to claim that European Games Group AG offer or maintain certain payment systems. Payments are collected in accordance with the user's choice.
- At the request of European Games Group AG, SWEET NITRO SL shall be entitled to block the account concerned of the user temporarily as long as the user is in default vis-à-vis European Games Group AG in respect of the payments for acquired items or virtual game currency. The user's obligation to pay the agreed fee remains unaffected.
- Playing options acquired within the game by means of virtual game currency (e.g. objects, waiting time reductions, energy and other functions acquired thereby) and the virtual currency or the special items cannot be returned; in this respect, there is no obligation to reimburse the fee paid for the virtual game currency unless expressly otherwise agreed.
European Games Group AG shall not be obliged to reimburse the virtual game currency if the user terminates the user contract. This provision is without prejudice to the rules on the statutory right of revocation and its omission.
Clause 6 No Right of Revocation
Since the use of the services, web presences, applications, features or contents and related further services of the game as such is free of charge for the user, a right of revocation shall not exist. The termination of the agreement shall be governed by Clauses 10 and 11 of these GTC. The Special Terms of European Games Group AG and their revocation instructions shall apply to the acquisition of virtual currency from European Games Group AG.
Clause 7 Rules of the Game
- The communication possibilities offered, if applicable, by SWEET NITRO SL via the Internet pages, applications and service offers for the Fancy Tale are intended for the user to have fun while playing the game. Abuse for other personal or commercial purposes (such as, e.g., advertising, political or religious expression of opinion) shall be prohibited.
- The user recognizes with respect to all communication possibilities contained in the different service offers of SWEET NITRO SL that SWEET NITRO SL does not tolerate any news, postings or other contents which include the following:
- dirty words, vulgar or obscene expressions or sexual contents, no matter whether express or implied;
- religious, political or sociopolitical statements;
- offensive, defamatory, threatening or otherwise annoying or harassing insinuations, comments and/or images;
- names for game characters or user accounts that are deemed to be improper according to these GTC; in this case, SWEET NITRO SL shall be entitled to delete such improper names or to proceed to renaming as a milder measure, in addition to the measures mentioned under Clause 8 Paragraph 2;
- third-party material protected by copyright or trademark law without their express written approval;
- prompting of passwords and of personal information of other users (e.g. last name, address, telephone number, birth date etc.);
- links to commercial Internet pages of third parties;
- advertisements including raffles, competitions or other sweepstakes;
- cheat or hack programs or information or links to such programs or to Internet pages affirming that they have programs which misuse user passwords; or
- other information which, at SWEET NITRO SL's own discretion, is deemed to be age-inappropriate or unsuitable for this Internet page.
An entitlement to the provision of communication possibilities does not exist.
- In addition, the communication possibilities provided by mobile and platform versions of Fancy Tale may be limited compared with the browser version owing to technical or legal reasons. The user shall not be permitted to use programming errors (what is referred to as bugs) to his or her own advantage. If a user detects a bug, he or she shall have to report it by sending an e-mail to CONTACT@SWEETNITRO.COM.
- The user shall be prohibited from any action causing excessive data volumes (traffic) or affecting the course of the game. In particular, it shall be prohibited to use automated or semi-automated scripts that perform database queries or put game mechanisms into operation. Likewise, any manipulations of the data stored on the server shall be prohibited.
Clause 8 Virtual Domiciliary Right
- All service offers and/or applications of Fancy Tale, which are mentioned here, come under the virtual domiciliary right of SWEET NITRO SL. Virtual domiciliary right means the right of the operator of a virtual space (in other words a website, application and/or service, for example) to verify whether the conduct of the users of this virtual space complies with the GTC and to take suitable measures in case of infringement. SWEET NITRO SL reserves the right to make unrestricted use of this virtual domiciliary right in case of need.
- If a user violates the rules of conduct defined by these GTC, particularly the rules of the game and/or rules of conduct mentioned in Clause 7, SWEET NITRO SL shall be entitled to block or to delete the relevant contents, users and/or game characters, and/or to exclude the user from the continued use of the service offers of SWEET NITRO SL temporarily or, in line with the proportionality principle, permanently, and/or to delete his or her user account in order to protect the other users. In this case, the user shall not be entitled to be reimbursed for a payment he or she has already made. Likewise, the user shall not be entitled to receive compensation of any other nature. Prior to initiating the above mentioned measures, SWEET NITRO SL will, insofar as is reasonable, inform the user in order to clarify or remedy the violation. Informing the user is not reasonable, for example, if it could lead to the occurrence of a damage to SWEET NITRO SL, European Games Group AG or to third parties. If a user is blocked, he or she shall not be permitted to use Fancy Tale by means of another game character.
Clause 9 Copyrights and Industrial Property Rights; Granting of Rights
- All copyrights, rights of use and other intellectual property rights relating to Fancy Tale, the applications and the service offers rest with SWEET NITRO SL or are protected in favor of third parties. The user shall be allowed to use the contents made available to him or her only within the scope of the service offers. With respect to applications, the user merely receives a simple, non-transferable right which must neither be transferred nor sub-licensed and is limited in terms of time to the duration of this contract, to install and use the applications on his or her own devices enabled for the installation of applications from the relevant app store. The user shall delete the applications prior to any alienation of such devices as well as at the end of the contract.
- Without the express prior approval of SWEET NITRO SL, which is to be obtained in writing, no user shall be permitted to use, copy, save, process, decompile, reverse engineer (prohibition of reverse engineering) and/or distribute any contents of the game, such as e.g. texts, images, graphics, characters, logos, pieces of music, sounds, sound sequences, videos, programs, software codes and other information outside the use of service offers of SWEET NITRO SL. The user shall be permitted to place a link on the Internet pages operated by SWEET NITRO SL to the extent that it exclusively serves as a cross-reference. However, SWEET NITRO SL reserves the right to revoke this permission. At any rate, it shall not be permitted to incorporate or represent the Internet pages and/or service and its contents, which are operated by SWEET NITRO SL, in a partial window (frame) by means of a hyperlink. Consequently, the placing of inline or frame links shall have to be considered as illegal use.
- The same applies to name rights and other labeling rights. Any use outside the service offers, especially in commercial transactions, shall be prohibited without explicit written approval. This particularly applies to any merchandising articles.
- SWEET NITRO SL expressly points out the following: If a user offers his account or parts of it on the Internet for sale against payment, this represents an infringing act under copyright law and, if applicable, under labeling law to be prosecuted at the user's expense, besides being a violation of the essential obligations under these GTC.
Clause 10 Duration of the Contract and Termination
- The user contract is concluded (in accordance with the conclusion of contract mechanisms described in Clause 2) between SWEET NITRO SL and the user for an undefined period. The user can terminate the contract at any time without notice and without giving reasons by (i) [for applications] deleting the application on his or her devices and in the settings in his or her account at the relevant app store, (ii) [for use via a platform] removing the connection of the game with the [user’s] own social media account in the settings of the relevant platform, (iii) [if a browser version is used or registration is required] deleting his or her account or (iv) [in all cases] by e-mail to CONTACT@SWEETNITRO.COM. As a result of the termination, all information saved on the user's account, which is relevant to data protection legislation, shall be deleted or, to the extent that legal provisions require their retention, blocked and deleted only at the end of the retention period. This is the user's e-mail address, among other things. To the extent that such information is still contained in regular backup files, a manual solution would mean disproportionate efforts. In such cases, the information will be deleted as soon as the backup is overwritten.
- SWEET NITRO SL can terminate the contractual relation at any time with a two-week period of notice without giving reasons.
- The right to termination without notice for important grounds remains unaffected. SWEET NITRO SL shall be especially, but without limitation, entitled to termination without notice for important grounds in the cases mentioned in Clause 11 Paragraph 1. of these GTC.
- Notice of termination by SWEET NITRO SL has to be given in text form (e-mail or message system within the Fancy Tale game is sufficient).
Clause 11 Sanctions and Termination without Notice/Exclusion from the Game
- SWEET NITRO SL can give notice of termination to the user with immediate effect and exclude him or her from the service offers if,
- contrary to Clause 3 Paragraph 2., Clause 3 Paragraph 3 and Clause 3 Paragraph 5, he or she registers several accounts or transfers his or her account to third parties.
- contrary to Clause 3 Paragraph 4., he or she uses his or her account for commercial purposes or for advertisements.
- contrary to Clause 3 Paragraph 8, he or she misuses other users' login data.
- contrary to Clause 3 Paragraph 9, he or she performs manipulative interventions through software and mechanisms.
- he or she violates the rules of the game laid down in Clause 7 and does not stop violating them despite warning. In the event of serious violations, a warning is dispensable if SWEET NITRO SL cannot be expected to adhere to the contract.
- her or she violates the copyrights and other protective rights of third parties, which are mentioned in Clause 9.
Clause 12 Limitation of Liability and Release from Liability by the User
- SWEET NITRO SL makes the applications and the possibility of using the game and the service offers available free of charge and is therefore only liable for willful intent and gross negligence in accordance with the legal provisions.
- SWEET NITRO SL shall not be liable for unauthorized access, awareness, dissemination or abuse of personal data, exchanged through service offers, by third parties (e.g. by unauthorized access through hackers). Likewise, SWEET NITRO SL shall not be liable for information posted by users or for contents on linked web pages of third parties. Clause 12 Paragraph 1. shall remain unaffected.
- SWEET NITRO SL shall not be liable for data loss (high score, acquired items etc.) with respect to the game characters if the user closes his or her user account according to Clause 10 Paragraph 1 or cancels the contract otherwise. Liability for data loss in general is limited to the typical restoration costs which would have been incurred in connection with the usual creation of backup copies by the user.
- According to the current state-of-the-art, data communication via the Internet cannot be guaranteed without errors and/or with permanent availability. SWEET NITRO SL gives no guarantee whatsoever that the functions of the service offers, including the use of features, are free of technical errors or that the service offers are available at all times.
- In the event of violations of rights of third parties, particularly of intellectual property rights (e.g. copyrights or trademark rights), which are related to contents disseminated or otherwise made accessible by a user, or which have been caused by a violation of these GTC, the user shall, at first request, have to hold SWEET NITRO SL, European Games Group AG and all associated companies, employees, workers and vicarious agents of SWEET NITRO SL and of European Games Group AG harmless against all claims or other rights of third parties (including the associated costs, such as e.g. reasonable lawyer's and legal expenses) to the extent that the user is to be held responsible for such violation.
Clause 13 Data Protection
SWEET NITRO SL complies with the data protection regulations at any time. This particularly refers to the protection of the personal data stated by the user when using the service offers and/or performing registration. The details result from the data protection provisions that can be viewed, saved and printed out under this link at any time in their version currently in force.
Clause 14 Final Provisions
- Regulations or General Terms and Conditions of the user which deviate from these GTC shall only be applicable if SWEET NITRO SL previously approves their applicability in writing.
- SWEET NITRO SL shall inform the user when these GTC are to be modified or adapted. Such information shall include the new version of the GTC and the (future) date of entry into force. Any modification shall be preceded by a notification that is sent six weeks ahead (sufficient if sent by e-mail or message system). The user can contradict the modified GTC. If the user does not contradict such modification within six (6) weeks after receipt of the notification, the modifications shall be deemed to have been recognized by the user In the above mentioned notification, SWEET NITRO SL informs the user expressly about his or her right of objection, the objection period and the consequences of an objection that has not been filed. This modification mechanism shall only apply if SWEET NITRO SL has a justified interest in the modifications (for example adaptation to amended laws or new legislation) and in no case to a modification of the parties' major obligations.
- If this provision or another provision of these GTC are or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by mutual agreement between the contracting parties by a provision that comes as close as possible to the intended economic meaning and purpose of the invalid provision in a legally enforceable manner. The aforementioned provision shall apply mutatis mutandis in the event of loopholes.
- The laws of the Federal Republic of Germany shall apply, with the exclusion of the law of conflicts. The Vienna United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The contract language is English.
- If the user has no place of general jurisdiction in Germany or if he or she moves his or her residence abroad after having concluded the contract or if his or her residence is not known at the point in time when the action is filed, Munich shall be the place of jurisdiction for all disputes. Furthermore, SWEET NITRO SL shall be entitled to sue at the user’s place of jurisdiction.
- The European Commission offers an Online Dispute Resolution (ODR) Platform at https://ec.europa.eu/consumers/odr/main/. Consumers can use this platform to resolve disputes. However, SWEET NITRO SL is neither obliged nor willing to participate in a dispute resolution procedure before a consumer mediation entity.
Last updated: 15 January 2017
End of the GTC of SWEET NITRO SL. Important note: For the acquisition of fee-based additional contents (particularly virtual currencies) the following Special Conditions of European Games Group AG shall apply.
Special Conditions (“Contract Terms”)
for Services Rendered by European Games Group AG against Payment in the Fancy Tale Game
- Scope of Application
1.1 The following Contract Terms shall apply exclusively to the acquisition of virtual currency and certain virtual items in the Fancy Tale game (no matter whether as an application, via a platform or as browser version, irrespective of this hereinafter referred to as “game”), and exclusively between European Games Group AG (registered in the Commercial Register of the Munich Local Court under HRB 187516, represented by its Board of Directors Johannes Sevket Gözalan, 67 AVINGUDA CARLEMANY, DESPATX 5-3, AD700 ESCALDES-ENGORDANYadeplatz 10, D-80333 Munich (Germany), e-mail: email@example.com, phone: +49 89 4444 93 18) and the user of the respective game (hereinafter referred to as “user“) in their version valid at the time when the respective payable service is ordered and regardless of whether the respective game is offered via websites or other channels on PCs, similar stationary terminals or on smartphones, tablets or similar mobile terminals or via connected devices or other platforms or (social) networks. For the avoidance of doubt: These Contract Terms shall not apply to the use of the game as such. The use of the game requires a separate contract with the respective operator of the game, which is concluded in the course of the download or registration for the game. European Games Group AG shall not responsible for failures, errors, unavailability or shortcomings of the game. Deviating conditions on the part of the user shall not be recognized, unless European Games Group AG expressly agrees to their validity in writing.
1.2 In the event of contradictions between these Contract Terms of European Games Group AG and the conditions of the operator of the game (hereinafter referred to as “GTC”), the present Contract Terms of European Games Group AG shall have priority over the GTC of the operator.
1.3 If the user acquires products or services from third-party providers (hereinafter referred to as “third-party providers“) who advertise separately on the website of the game (e.g. so-called “partner offers”), the contractual relationship between the user and the third-party provider shall be governed by the conditions of the third-party provider of these products and services.
1.4 Fundamentally, the possibility of acquiring services also via app stores, from Google Play or in social networks can be granted in principle. In such cases, European Games Group AG shall become the contractual partner of the user only to the extent provided by the conditions of the respective store or network. To the extent that European Games Group AG becomes the contractual partner of the user, the acquisition of payable services in app stores, from Google Play or social networks shall nevertheless be primarily governed by the conditions of the social network, the Google Play store or the app store used for this purpose; in other words, the acquisition process shall depend in any case on the conditions of the respective network or store, and other conditions of the network or store shall have priority over these Contract Terms, unless they expressly give priority to the conditions of the provider on their part or allow deviating conditions of the supplier.
1.5 The services of European Games Group AG are exclusively addressed to consumers.
- Subject Matter of the Contract
2.1 As the owner of the worldwide marketing and exploitation rights to the game, European Games Group AG shall be the user’s contractual partner for the payable services of European Games Group AG. Users shall have the possibility of acquiring
- a) virtual currencies (so-called “ingame currency” of the respective game, such as g. donuts, stars, diamonds, etc.) and
- b) other virtual items (“items”) or so-called premium features
(hereinafter a) and b) are jointly referred to as “virtual items“)
against payment from European Games Group AG.
2.2 The virtual items are not things within the meaning of Section 90 of the German Civil Code (BGB). European Games Group AG therefore does not transfer the ownership of the items to the user, but merely a simple, non-transferable right of use limited to the duration of the user contract with the operator, which the user receives when the virtual items are credited to his or her account. To the extent that “sale” or “buy” or similar terms are used in connection with the acquisition of virtual items, these shall refer to the granting of a right to use.
2.3 In the game, the user can spend the items credited on his or her account in order to acquire advantages described there in detail or to acquire other virtual items, if the virtual items credited on his or her user account are sufficient. Furthermore, the user can use up the virtual items in the game. As long as the user account is blocked or the user is excluded from utilization, European Games Group AG shall have a right to withhold performance. The right to use shall end when the user has used up the virtual items in the game, however, at the latest when the user contract between the user and the operator of the game ends.
2.4 Ingame currency does not represent real money; there is no fixed exchange rate for it and it is not a means of payment or electronic money, neither according to the banking law, nor within the meaning of the Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz – ZAG), in particular. Exchanging virtual items against real money shall be prohibited. This also applies to virtual items won by the user during the use of the game. The exchange or trade in virtual items shall be excluded. Paragraph 6.2 of these Contract Terms remains unaffected.
2.5 The user shall be prohibited from using the virtual items for commercial purposes. The virtual items are intended for entertainment purposes.
- Offer and Conclusion of Contract
3.1 From among the range that European Games Group AG makes available for a game, the user can choose the type and quantity of the virtual items in the respective game, determine a payment method and submit a binding offer to buy the chosen virtual items by pressing the “buy against payment” button or a button labeled similarly. However, the offer can only be submitted and transmitted if the user has previously accepted these Contract Terms and thus included them in his or her offer by clicking the button “Accept the Special Conditions of European Games Group AG”. The contract with European Games Group AG takes effect by the crediting of the ordered virtual item to the user’s account.
3.2 The user can withdraw his or her offer pursuant to paragraph 3.1 until the steps that trigger off the payment process with the respective payment service provider have been completed. Until then, input errors can also be corrected by clicking the “Back to the game” button in the game.
3.3 The contract is concluded in the German language.
3.4 The acquisition of virtual items in an app store shall primarily be governed by the conditions of the app store used for this purpose. If the user acquires virtual items via an app store (so-called “in-app acquisition“), the contract shall be concluded between the user and the app store in principle (unless the conditions of the respective app store provide for a possibility of concluding of a contract directly between the user and European Games Group AG). This shall apply accordingly if virtual items are acquired via social networks.
- Prices, Payment, Payment Methods
4.1 All prices are to be understood as gross final prices, i.e. including any resulting taxes and provision costs.
4.2 European Games Group AG shall be entitled to request fees for the acquisition of the virtual items in advance. The fees for the acquisition of the virtual items shall be payable in advance by the user as soon as the chosen payment service provider has sent the final order confirmation.
4.3 European Games Group AG has joined recognized and trustworthy payment systems. Payments shall be made by choosing a certain payment system (e.g. PayPal, credit card, premium SMS) through the respective payment service provider. The user is aware of the fact that a separate contract between him or her and the respective payment service provider regarding the realization of the transaction will regularly take effect in accordance with the provisions of the respective payment service provider. The user shall not be entitled to demand that European Games Group AG offers or maintains certain payment systems. The fees will be collected in accordance with the choice of the user. If a so-called social game, Google Play store or app store is availed of, payment is generally only possible with the payment system provided by the corresponding social network, Google Play store or app store.
4.4 In case of default, European Games Group AG shall be entitled to have the virtual items suspended and the corresponding user account blocked through the operator of the game. The obligation of the user to pay the agreed fee remains unaffected hereof.
- REVOCATION INSTRUCTION
5.1 Right of revocation
You are entitled to revoke your contractual declaration for the acquisition of virtual items within fourteen days without citing any reasons for doing so. The revocation period is fourteen days and commences on the day on which the contract is concluded.
To exercise your right of revocation, you have to inform us,
European Games Group AG
67 AVINGUDA CARLEMANY, DESPATX 5-3, AD700 ESCALDES-ENGORDANYadeplatz 10
D-80333 Munich (Germany)
Phone: +49 89 4444 93 18
of your decision to revoke this contract through an explicit declaration (e.g. a letter sent via post, or e-mail). You can use the enclosed sample revocation form for this purpose, which is not mandatory, however).
To comply with the period of revocation, it is sufficient if the communication concerning the exercise of the right of revocation is sent prior to the expiry of the revocation period.
5.2 Consequences of revocation
If you revoke this contract, we have to refund all payments we received from you, including the costs of delivery (except for the additional costs resulting from your having chosen another type of delivery than the favorable standard delivery offered by us) immediately – and at the latest within fourteen days from the day on which we received the communication informing us that you intend to revoke this contract. For this refund, we will use the same method of payment that you used for the original transaction, unless we explicitly agreed on something else with you; in no case would we charge you with any fees for this refund.
5.3 Premature lapse of the right of revocation
Your right of revocation will lapse prematurely if we have already commenced the execution of the contract, after you had expressly agreed to our commencing the execution of the contract prior to the expiry of the revocation period and confirmed that you are aware of the fact that you lose your right of revocation by agreeing to the commencement of the execution of the contract.
End of the revocation instruction
5.4 Revocation form
(If you would like to revoke this contract, please complete this form and return it.)
European Games Group AG, 67 AVINGUDA CARLEMANY, DESPATX 5-3, AD700 ESCALDES-ENGORDANYadeplatz 10
D80333 Munich (Germany)
I/we (*) hereby revoke the contract concluded by me/us (*) regarding the purchase of the following products (*)/the rendering of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer
Address of the consumer
Signature of the consumer (only for communications on paper)
*) Delete as applicable.
- Further development, Quality
Owing to the continuous further development of the game, European Games Group AG reserves the right to offer new virtual items at any time, to modify the type, volume and content of the virtual items or not to offer them any longer. The quantity of virtual game currency which must be used in the game for certain other items may change at any time. Virtual items can also be offered by the operator at no cost. Therefore, the user shall not be entitled to claim the maintenance of a certain offer structure. For the avoidance of doubt: A change in the quality of items acquired against payment is no longer possible after the acquisition.
- Liability, Compensation for Damage
7.1 Claims for damages on the part of the user shall be excluded. Exceptions to this provision are claims for damages on the part of the user arising from injury to life, body or health or from the breach of essential contractual duties (cardinal duties), as well as liability for damages resulting from an intentional or grossly negligent breach of duty on the part of European Games Group AG, its legal representatives or vicarious agents. Essential contractual duties are those duties the fulfillment of which is necessary to attain the objective of the contract.
7.2 In the event of a breach of essential contractual duties, European Games Group AG shall only be liable for the contract-typical foreseeable damage if the latter was caused through simple negligence, unless the user’s claims for damages arise from injury to life, body or health.
7.3 The limitations of the paragraphs 7.1 and 7.2 shall also be applicable in favor of the legal representatives, other representatives, employees, workers and vicarious agents of European Games Group AG if claims are asserted directly against them.
7.4 Liability in the event of the assumption of a guarantee - to be expressly designated as such ̶ by European Games Group AG and the provisions of the Product Liability Act shall remain unaffected.
7.5 European Games Group AG shall not be liable for data loss and unauthorized accesses on the side of the game and other websites or platforms on which the game is operated, because European Games Group AG is not the operator of these websites and platforms.
7.6 The above-mentioned regulations shall not lead to a change in the burden of proof to the disadvantage of the user.
7.7 European Games Group AG does not assume any guarantees in the legal sense, unless an obligation is exceptionally expressly designated as a “guarantee” and/or as “guaranteed”
- Offsetting, Retention, Non-Assignment Clause
The user can only set counterclaims off against claims of European Games Group AG, which are undisputed or established as final and absolute or which constitute precisely the specific contractual return service for the relevant claim of European Games Group AG (what is referred to as a “synallagmatic relationship”). The user can only exercise a right of retention if his or her counterclaim is based on the same legal relationship. The assignment of claims of the user against European Games Group AG to third parties is excluded.
- Copyright and Property Rights
9.1 The virtual items distributed by European Games Group AG are protected by copyright. The user undertakes to recognize and observe the copyrights. Any use of the virtual items outside the game, particularly in the course of trade, shall be prohibited. Furthermore, the user shall not be entitled to make the virtual items available to third parties. The user shall not be permitted to remove copyright notices (e.g. ©), trademarks or other legal reservations.
9.2 The same shall apply to name rights, other trademark rights and other property rights to the virtual items.
9.3 In addition, reference is made to the domiciliary right of the respective operator.
- Foreign Contents / Responsibility
European Games Group AG makes links to websites of other companies, such as e.g. the operator of the game or third-party providers within the scope of advertising banners or so-called offer walls, available in the game. European Games Group AG shall not be responsible for an examination and evaluation of these offers or websites and shall not assume any guarantee for the offers of such companies or persons or the contents on their websites. European Games Group AG shall not assume any responsibility or liability for acts, products and contents of such other companies. The user shall be informed if another company is involved in the business transaction. The operator of the game is always such another company. The user should thoroughly read his GTC and privacy statement. Paragraph 7.3 of these Contract Terms shall be primarily applicable to the liability of vicarious agents.
- Sweepstakes / Competitions
11.1 European Games Group AG shall be entitled to organize sweepstakes and competitions in the game. Any claim on the part of the user to have the prize paid out in cash shall be excluded, unless such claim (a) expressly results from these Contract Terms or (b) has been offered as a reward by European Games Group AG.
11.2 The entitlement to receive a prize shall always be excluded if European Games Group AG finds out that the asserted prize entitlement has arisen through technical, legal or other manipulations or if the user has violated the rules of the game or the GTC of the game. The user shall have to set forth and prove that he or she has not contravened these reasons for exclusion. The user recognizes this imposition of the burden of proof even if the latter does not comply with the statutory rules.
11.3 European Games Group AG shall be entitled to request a comprehensive investigation at any time in order to examine the lawfulness of a prize entitlement. Until the investigation is completed, European Games Group AG has a contractual retention right to the prize entitlement; thus, European Games Group AG can refuse to transfer the prize.
11.4 With respect to participation in the game, legal recourse shall be excluded.
- Amendments, Effectiveness, Governing Law, Place of Jurisdiction, Others
12.1 European Games Group AG reserves the right to make amendments to these Contract Terms for the future at any time (i.e. always only with effect for contracts to be concluded in the future). Contracts concluded prior to an amendment continue to be subject to the Contract Terms effective at the time when the contract was concluded, unless otherwise agreed.
12.2 If one of the provisions of these Contract Terms is invalid, void or unenforceable for any reason whatsoever, this provision shall be deemed to be severable and shall not influence the validity and enforceability of the other provisions.
12.3 All contracts between European Games Group AG and the user are governed by the laws of the Federal Republic of Germany with the exclusion of conflict of laws provisions. The Vienna United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
12.4 If the user has no place of general jurisdiction in Germany or moves his or her residence abroad after having concluded the contract or if his or her residence is not known at the point in time when the action is filed, Munich shall be the place of jurisdiction for all disputes. Furthermore, European Games Group AG shall be entitled to sue at the user’s place of jurisdiction.
12.5 The European Commission offers an Online Dispute Resolution (ODR) Platform at https://ec.europa.eu/consumers/odr/main/. Consumers can use this platform to resolve disputes. However, European Games Group AG is neither obliged nor willing to participate in a dispute resolution procedure before a consumer mediation entity.
Last updated: 15 January 2017
End of the Special Contract Terms of European Games Group AG.