Blossom & Decay - Terms of Service

1. General

   1. Konspiracy UG (haftungsbeschränkt), Koblenzerstr. 14, 60327 Frankfurt am Main (“Konspiracy”) is the operator of the massively multiplayer online game “Blossom & Decay” (the “Game”) on the website https://blossomanddecay.com/.
   2. The use of the Game is exclusively subject to the following Terms of Service. The user’s general terms and conditions will not form part of this contract. If Konspiracy
   3. These general terms and conditions may be accessed, downloaded, stored and printed at any time by visiting the official website under https://konspiracy.de/terms_of_service.html.
   4. All copyrights, rights of use and other intellectual property rights relating to https://konspiracy.de/, the Game software and the service offers rest with Konspiracy or are protected in favor of third parties.

2. Game Service

   1. Konspiracy offers to consumers who accept these Terms of Service the opportunity to access and play the Game in the web browser or by using an official client software or mobile app which may be offered by Konspiracy in their sole discretion. In order to save a character and to continue to play the Game after closing the browser or disconnecting from the Game each user need to register a user account with Konspiracy.
   2. To play the game via other channels or platforms (e.g. Steam) the user may be required to create an account with the respective platform and accept the terms and conditions of the platform in addition to the terms of service of Konspiracy.
   3. The Game is free to play for the users. The user may purchase Premium Content as, as detailed below, though this is not required to play the Game. The Game can only be played online via the internet, which may cause additional costs for the data transfer.
   4. Konspiracy’s services are only available to individual consumers who are 18 years old or older. Companies, legal entities or other non-individuals are excluded from the Game and all other services provided by Konspiracy. Using the Game for commercial purposes is prohibited with the exception of journalistic reviews, let’s play video productions or unless otherwise agreed in writing between the parties.
   5. When registering for the Website or Game in the Web Browser the user establishes an “Account” with Konspiracy. During the registration certain personal information including the e-mail address and password will be requested. The user confirms that the e-mail address belongs to him and that he is reachable via this address (the use of one-way addresses or trash mails is prohibited and may lead to the deletion of the account). Additional information, e.g. to increase the security of the Account may be requested in Konspiracy’s reasonable discretion. Konspiracy will verify the email address by sending a confirmation email containing an internet link. Unless the user follows that link the registration can not be completed. These terms are accepted and the contract is concluded when finishing the registration for the Game by clicking the button labeled “Register now”.
   6. The user will be granted the choice of a display name which will be visible for all other users when playing the game or using the website. Such name may not be identical or similar to any living or dead person and may not be sexual, sexist, xenophobic, hateful or in Konspiracy’s reasonable discretion inappropriate. Konspiracy may change any inappropriate name in is own discretion.
   7. All users are solely responsible to acquire, install and operate any software required for using the Game including but not limited to a compatible web browser. Konspiracy does not provide technical support for the installation of web browsers or system software.
   8. Konspiracy endeavours to keep the Game as constantly available as possible, however Konspiracy does not warrant any specific availability for the Game as availability is subject to many factors outside of Konspiracy control. Unannounced maintenance may be necessary, e.g. due to hacking attempts, viruses, critical errors in the software etc, so that Konspiracy can not warrant availability at certain times.

3. Premium features and services

   1. Konspiracy offers or will offer in-game currency, virtual items, features, services and functions (“Premium Features”) subject to payments of real currency, e.g. Euro. In-game currency has to be purchased by real currency in Konspiracy’s in-game shop and may also be used to purchase other Premium Features. Konspiracy may make individual Premium Features only available for a certain limited period of time. The necessary details on the respective Premium Features, the pricing, functions and possible additional requirements are available on the ingame shop of the Game.
   2. In-game currency purchased or earned through any other actions can only be used exclusively for payment for Premium Features or play time as a part of the Game and Konspiracy will not pay out any balance to any user.
   3. Konspiracy may from time to time and in its sole discretion provide users with free virtual currency or free Premium Features, for example as a reward for achieving certain goals as part of the Game or for promotion. Purchased in-game currency will take priority over free in-game currency when buying Premium Features or playing time. Free in-game currency will only be used once all purchased in-game currency has been used.
   4. Whenever Konspiracy provides Premium Features or any other features free of charge, Konspiracy shall have no legal obligation to continuously provide such Premium Features or other features and may remove those at any time in its sole discretion.
   5. The user is not permitted to sell, rent, assign or transfer his/her Account, virtual currency or Premium Features as well as any virtual items (non-premium) available in the game to any third Party. This shall not limit any trading options that are available in the game which do not include any real currency transaction. As a result, the parties agree that no rights and claims resulting from this agreement may be assigned to any third party. This shall also include any service offered to users to acquire certain achievements, virtual items or other advantages in the Game for a real currency payment.

4. Duties and obligations of the user

   1. Konspiracy may publish rules of conduct from time to time which reflect the standards of behavior for users playing the Game. The rules of conduct are updated periodically and the user will be notified of changes by email with reasonable advance notice, unless the provisions concerning changes to the Terms of Service specified below apply.
   2. The user will keep all access information for the Game strictly confidential and is not allowed to grant any other person, not living in the same household, access to his Account. The user is not permitted to use the account of another user. If a user suspects or learns that a third party is in possession of access data, he/she must notify Konspiracy immediately using the contact form on the website. Konspiracy is entitled but not obliged to disable the user’s account and/or change the access data, if it learns or suspects access by any third party. An account may be disabled for as long as is necessary to protect the user from unauthorized access, to determine its source and provide for the security of Konspiracy’s technology and websites. Konspiracy will notify the user of any disabled account. If the user enables any third party to access the Game or other services of Konspiracy as a result of intent or negligence on the part of the user, the user shall be fully liable towards Konspiracy for any damages or purchases caused by such third party.
   3. The user is not permitted use any software not offered by Konspiracy directly or indirectly affecting the Game, its operation (e.g. so called “Bots”) or the data transfer between the user or Konspiracy or to use mechanisms, software, scripts or other similar means which will gain advantage over other users not using such additional mechanisms, software, scripts or other means. The use of equipment, software, scripts and any other mechanisms which allow automated game play and/or game control, database queries or any other manipulation of its game servers and databases is strictly prohibited. This does not include any options for automated game play included into the Game by Konspiracy. The user also agrees not to exploit programming errors for personal gain where identifiable as such.

5. User generated or uploaded content

   1. Konspiracy may, at its sole discretion, provide users with a functionality to upload and making available to the public their own content, data or information (hereinafter collectively “User Content”) dedicated to be used by the uploading user itself and/or any other user of the Game, however, limited to the use within the Game, the Website, the Community Forums or other social media operated by Konspiracy (together “Game Media”). Konspiracy reserves the right to limit the storage capacity of User Content that is uploaded by users.
   2. Konspiracy does not claim any ownership rights in the User Content. Users continue to retain any such rights that they may have in the User Content, subject to the limited license granted to Konspiracy as described hereinafter. By uploading User Content on, through or in connection with the Game Media, users hereby grant to Konspiracy a limited non-exclusive license to use, modify, delete from, add to, publicly perform, publicly display, making available to the public, reproduce, and distribute such User Content (including, but not limited to underlying musical works) solely on, through or in connection with the Game Media and via other channels operated by Konspiracy or by third parties on behalf of Konspiracy. This entitles Konspiracy to use User Content only in connection with the Game and its mechanics and the Game Media. By this limited license user does not grant Konspiracy the right to sell the User Content. After a user has removed User Content from the Game, Konspiracy will cease distribution as soon as technically possible, and at such time when distribution ceases, the license will terminate automatically. Notwithstanding the foregoing, users that upload or publish User Content understand and agree that once its uploaded or published User Content is used by another users in the Game or on Game Media, Konspiracy shall be under no obligation to delete or request users to delete that User Content, and therefore this User Content may continue to appear and be used indefinitely.
   3. The license you grant to Konspiracy, as described above, is perpetual, non-exclusive, royalty-free, sub-licensable to the extent described above, and worldwide.
   4. With respect to the User Content the publishing user represents and warrants that: (i) he owns the User Content or otherwise has the right to grant the license set forth above, and (ii) the posting of the User Content on, through or in connection with the Game does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any third person or entity. The uploading user agrees to pay for all royalties, fees, penalties and any other monies owing any third person or entity by reason of the use of User Content published on or through the Game and/or the Community Forums.
   5. The user will indemnify Konspiracy against all costs (including reasonable legal fees) and claims (including claims for damages) made against Konspiracy by third parties due to the violation of their rights by Konspiracy’s contractual user of User Content. Such indemnification shall not be applicable if the user did not cause the infringement of third party rights at least by negligence.
   6. The user shall be fully responsible for User Content published on or exchanged via the Game or any other Konspiracy services, e.g. Game Media. Konspiracy will not preapprove User Content. However, Konspiracy may refuse to publish any User Content for any or no reason. Should Konspiracy become aware of any content that is in violation of any laws or infringing any third party’s rights or the rules of conduct by Konspiracy, Konspiracy is entitled to disable or delete any such User Content at its own discretion. Prior to deleting any such content Konspiracy shall give the user the chance to react to the alleged infringement. Konspiracy may at any time remove the option to publish, store or otherwise use User Content.
   7. The user may not publish, store or transmit any User Content that is in violation of any law, these terms of service or the rules of conduct published by Konspiracy. This includes in particular abusive, sexist, pornographic or racist, xenophobic content or any other content that Konspiracy may reasonably consider immoral or inappropriate. The user may not (a) disturb other users, for example with spam messages, chain mails or unsolicited advertising, (b) infringe any third party’s (intellectual) property rights, (c) engaging in or promoting unfair competitive practices, and (d) use the Game or Game Media for commercial communication or advertising. Except as provided within this Agreement or by express permission of Konspiracy, users may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any third-party User Content.

6. Withdrawal

   When opening an account with Konspiracy or whenever a user purchases any Premium Content the user may be entitled to a mandatory right of withdrawal unless expressly stated otherwise. Konspiracy will in addition always inform each user individually when entering into a contract with Konspiracy if a withdrawal right applies as well as its conditions and consequences. Unless expressly stated otherwise the following withdrawal right will apply when opening an account with Konspiracy and when purchasing any Premium Content. The wording does directly address the user and the individual contractual transaction.

   1. Information concerning the exercise of the right of withdrawal

      Right of withdrawal

      You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

      mail@konspiracy.de
      Konspiracy UG (haftungsbeschränkt)
      Koblenzerstr. 14, D-60327 Frankfurt am Main
      

      You may use the attached model withdrawal form, but this is not obligatory. To meet the withdrawal deadline, it sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

      Effects of withdrawal

      If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

      Premature expiration of the right of withdrawal

      Your right of withdrawal expires prematurely in the case of a contract providing digital content not contained on a physical data carrier if you have expressly agreed that we shall commence execution of the contract before expiry of the withdrawal period and you have confirmed that you are aware that you lose your right of withdrawal through your consent to the immediate execution of the contract.

      
      — Withdrawal Form —

7. Liability

   1. Konspiracy shall be fully liable for damages resulting from injury to life, limb or health.
   2. Without limitation to Section 7.1 Konspiracy shall be only fully liable in other cases for intentional or grossly negligent conduct and fraud.
   3. Without limitation to Section 7.1 in cases of slight negligence, Konspiracy will only be liable if an obligation has been breached, the fulfilment of which facilitates the proper performance of the contract in the first place, the violation of which compromises the achievement of the contract’s purpose, and the compliance with which the customer frequently relies on. In this instance, claims for compensation will be limited to the usual, foreseeable damages.
   4. This limitation of liability shall also apply for Konspiracy’s directors, officers and employees weather directly employed or as contractors.

8. Term and Termination

   1. Contracts between Konspiracy and the user are entered into for an indefinite period of time unless otherwise expressly stipulated at the time of conclusion.
   2. Konspiracy may terminate the contract and/or discontinues access to existing games at any time with a notice period of not less than four-weeks.
   3. The user may terminate the contract at any time without any notice period by sending an e-mail at mail@konspiracy.de including details of his/her user name and e-mail address registered with Konspiracy.
   4. The right of both parties to terminate without notice period for cause remains unaffected.
   5. In the event of termination by the user without cause or termination for cause by Konspiracy for which the user is at fault, Konspiracy will not be required to refund Premium Features, virtual currency or other services paid for in advance or unused.
   6. In particular, Konspiracy has the right to terminate for cause in the following cases:
      1. If the user is late in paying a sum of at least € 5.00 by more than 30 days or is late in paying an equivalent amount on more than one occasion over a period of six months;
      2. If, despite having received prior warning, the user knowingly violates any rules of conduct within these Terms of Service or the rules of play;
      3. without any warning in a case that is so severe, that it would be unreasonable for Konspiracy to remain bound to this Agreement. This shall always be the case for violations of the provisions in section 4, the commercial use of the game or for violations of criminal law.
   7. Instead of a termination, Konspiracy reserves the right to temporarily disable a user’s account and access to the Game up to one month, with no payment obligations for the user while his/her account is disabled.
   8. In the event of termination, Konspiracy will delete the user’s data which is relevant to the European Data Protection legislation.
   9. In case that the contract was entered between the user and a platform operated by a third party (e.g. Steam, Facebook, Google Play, Apple AppStore, Amazon App-Shop), the termination needs to be directed to the Third Party for technical and legal reasons based on the provisions in the respective terms of service of the Third Party who is serving as a reseller of Konspiracy’s services. Terminating the contract with Konspiracy will not release the user from any responsibilities (such as outstanding payments) with the Third Party or automatically cause the Third Party to delete any accounts.

9. Data protection

   1. To provide users with the full functionality of the Games and Websites, Konspiracy collects, processes, and stores information about its users and other visitors of the Games or any Official Website in accordance with this data protection provisions and applicable European law (GDPR).
   2. Konspiracy describes in more detail what personal information Konspiracy may collect from its users and what Konspiracy will do with that information as well as informs users on their rights with respect to their personal data in the Privacy Policy available at https://konspiracy.de/privacy_policy.html.

10. Miscellaneous

    1. Konspiracy reserves the right to change these general terms and conditions, provided doing so such changes is required for legal reasons, a changed scope of the provided services, new requirements e.g. under Microsoft Windows or technical reasons such as a changed game engine or operating system. Changes will be published on Konspiracy’s website and will be sent to users via e-mail. If the user does not object to such changes within four weeks following their publication and receipt and continues to use the Game after this period, the new general terms and conditions will be deemed accepted.
    2. These terms of use are exclusively subject to German law, CISG shall be excluded.
    3. If a provision contained in these general terms and conditions is or becomes ineffective, this will not affect the validity of the remaining provisions.
    4. The EU Commission offers an online platform for online dispute resolution. The platform acts as a central information portal in regards to dispute resolution outside of formal court procedures for contractual matters resulting from online sale- or server agreements. The platform is available under http://ec.europa.eu/consumers/odr/. We will not take part in such dispute resolution between us and our clients neither under European nor German law and we are not obligated to do so.