Tutorial/1.5/general/General Clauses

From AirlineSimPedia

simulogics GbR, Saarbrücker Str. 6, 60529 Frankfurt am Main, Germany, hereinafter referred to as simulogics, obligates all users of games of simulogics to accept the following terms & conditions.

Applicable for the terms and conditions is the German version. The terms & conditions were publicated on 24^th of August 2007 and took effect on the 1^st of September 2007..

Contents 1 §1 Service descprition 1.1 I. Conditions for participation 1.2 II. Responsibilities 2 §2 Membership 2.1 I Begin of Membership, Registration 2.2 II Cancellation of Membership by user 2.3 III Cancellation of Membership by operator 2.4 IV Repayments 2.5 V Miscellaneous 3 §3 Contents/ Responsibility 4 §4 Not allowed interference 4.1 I Manipulative actions 4.2 II Not allowed external programs 4.3 III Direct log-in 5 §5 Limitation of usage 5.1 I Amount of usable accounts per user 5.2 II Rules 5.3 III Exclusions 6 §6 Privacy 6.1 I Storage of personal data 6.2 II Sharing of data with third parties 6.3 III Objections 7 §7 Rights reserved by operator on a user account 7.1 I Generally 7.2 II Prohibition of exploitation 7.3 III Excluded 8 §8 Liability 9 §9 Alteration clause 10 §10 Applicable law 11 Payment terms & conditions 11.1 A Payment 11.1.1 (I) Type of payment 11.1.2 (II) Type of committment 11.1.3 (III) Maturity date 11.1.4 (IV) Return debit 11.1.5 (V) Reminder 11.1.6 (VI) Default 11.1.7 (VII) Encashment 11.1.8 (VIII) Trifle values 11.2 B Revocation / Termination 11.2.1 (I) Right to revoce 11.2.2 (II) Termination 11.3 C Privacy / Third party involvement

§1 Service descprition

I. Conditions for participation

To participate in a game of simulogic there is the necessity to accept the terms and conditions. The terms & condiotions reffer in particular, but not concluding, to all services offered by the web pages of simulogics.

II. Responsibilities

simulogics is trying to offer services free of errors. There is the possibility that errors and failures occure. If a user suffers disadvanteges due to server down times, errors in the function of the game or similiar events, no claim is to be made by the player to recover the account on the state prior to the event. Regarding the liability of simulogics reffer to § 8 of these terms &conditions.

§2 Membership

I Begin of Membership, Registration

With a successful registration of a game- or boardaccount the membership begins in the relating game. The user is obligated to use for his membership an existing and active e-mail account, which is checked on a regulary base. simulogics reserves the right to check this at any time.

II Cancellation of Membership by user

The Membership can be cancelled at any time by the user by deleting his or her account. Due to technical reasons the account deletion can delay. The time data will be stored is described by § 6.

III Cancellation of Membership by operator

No user has an entitlement to participate in the services of simulogics. The operator reserves the right to delete or lock a user's account, in particular if the user made an offence against the terms & conditions or the game rules. The final deceision, what action going to taken is carried out by the project management. Raising objections against the deletion of the account will have to made through the game internal communication. No legal entitlement shall be constituted.

IV Repayments

There is no entitlement for a repayment of any paid fees. Excluding the membership was cancelled through simulogics and was not a subject to the user's behaviour. Any violation of the terms & conditions, the game rules or applicable law of the Federal Republic of Germany may lead to a cancellation of the membership.

V Miscellaneous

Through the successfull payment no further claim shall be made except the warranted characteristics. The operator reserves any remaining rights.

§3 Contents/ Responsibility

Regarding the communication between the users simulogics provides the system. The users are responsible for the content of this communication. Pornographic, racist, assaulting or in any circumstances not complying with applicable law shall not be the reponsibility of the operator. Violations may result in instant deletion, lock of the account or exclusion of the user.

§4 Not allowed interference

I Manipulative actions

The user has no right to take actions, mechanisms or software using any website, that may interfere with the function of the web site. The user shall not take actions which results in a unacceptable or exceeding strain of the technical capacities. The user is not allowed to block content generated by the game supervisors, to overwrite them or modify them as well as take any further steps that result in a jam of the game.

II Not allowed external programs

It is forbidden to access any sites of the game with any software, excluded are common web browser. This referrs in particular to software and so called bots that either add content to sites or replace the web interface. Also not allowed are scripts as well as complete or partial automatized software that will give the user an advantage towards others. Included are automatic refreshes and other in web browser integrated processes as long they are automatic processes. The usage of ad-blockers is forbidden. Here it does not matter if advertisement will be selectively blocked or in general, e.g. so called pop-up-blocks, text-based browsers or similar, and not to be shown. Excepted is specific approved software.

III Direct log-in

Logging into the user account is only allowed through the starting page. Automatized logging into the account, neither if the start page is shown or not, is not allowed.

§5 Limitation of usage

I Amount of usable accounts per user

Every user obligates to use only ONE accounte each gameworld. So called multis or multi-accounts are not allowed and may be subject to be deleted or locked without any further notice.

II Rules

The rules of each game are defined by the respective service.

III Exclusions

Exclusions will be at the discretion of simulogics permanent or timely limited. Exclusions may or may not certain services.

§6 Privacy

I Storage of personal data

The operator reserves the right to store the data of users to supervise the compliance with the game rules, the terms & conditions as well as applicable law. IPs addresses in relation to usage time and usage purpose, the given e-mail address and the information provided by the user also on a voluntary base. Information provided in the boards and wikis will be also stored.

II Sharing of data with third parties

The operator reserves the right to provide personal data to clerks and public authorities, as long as those data is used to either act in the interest of the operator or execute sovereign tasks of any public authority in compliance with the applicable law.

III Objections

The user can object the usage of the personal data at any time. Due to technical resones it will not be possible to participate in any service the user account will be immediately deleted with simulogic's notification of the objection.

§7 Rights reserved by operator on a user account

I Generally

All accounts, including all connected ressources, units etc. are virtual parts of the game. The user is not acquiring any properties or further rights on the account or its parts. Any rights will remain at simulogics. There is no endorsement of an exploitation right or any other right.

II Prohibition of exploitation

It is not allowed without a written permit to agree contractual with a third party to transfer, usage or pass on an account or the access data. In particular it is explicitly forbidden to divest or to dispose otherwise accounts or parts of the account, like resources. This includes also the divestment/ exploitation of account data, usage rights, the nongratuitous contact establishment as well as other phrases to avoid this regulation. Unauthorized amortization, exploitation, copying, spreading, duplications or any further violations of the rights reserved by simulogics will be, according to applicable law, persecuted.

III Excluded

It is allowed to finally pass on the user account free of charge. Also allowed is the game internal trading as long it is allowed by the specific game rules.

§8 Liability

simulogics is under any circumstances not liable for any damages resulted through the usage of games and services provided by simulogics. The liability is excluded in case of damages resulted by intent or negligence, or any damages towards life and affecting health. Refferring to this it has been explictly pointed out, that the excessive participation in computergames may result in considerable health risks.

§9 Alteration clause

simulogics reserves the right to add paragraphs or change the terms & conditions at any time. Any changes or additions will be published at least two weeks before taking effect.

§10 Applicable law

For any judicial subjects in or about services of simulogics the law of the Federal Republic of Germany is applicable. Exclusive jurisdiction is the jurisdiction on simulogic's domilice. In international legal relations the local jurisdiction as well the substantive law of simulogic's domicile apply.

Payment terms & conditions

In addition to the aforementioned regulations of the terms & conditions the following rules apply as terms & conditions for any payments in direct dependance with the participation i n a game or usage of a service with costs of simulogics.

A Payment

(I) Type of payment

The offered possibilities may vary according participant's to the country of residence as well as available and possible payment options.

(II) Type of committment

According to the by the user selected type of payment a contract will be closed as a single payment or a subscribtion. If the payment results in a subscription the user will be notified of this seperately. The duration and extension conditions are a subject to the chosen type of payment and will described in the payment area seperately. Further desriptions become a part of the contract.

(III) Maturity date

The payments are mature by the user with the following activation. The collection is a subject to an assigned third party service provider. Payments through subscriptions are mature with the end of the precessed period (Beginning of a extension). The collection may be a few days earlier to ensure the consistent usage.

(IV) Return debit

If the used account for the payment may not be covered and a return debit note occures, the third party service provider may automatically charge a general processing fee. Till all liabilities are paid the user can be excluded from the game.

(V) Reminder

A reminder will be send to the in the user account provided email address. It is a user's responsibility to ensure the accessibility.

(VI) Default

The user will defult also without a reminder, if no payment done in 14 days till due.

(VII) Encashment

If the user does not pay despite default and reminder, the case will be handed over together with all needed data to a encashment agency. The costs of the encashment procedure will be subject to the user.

(VIII) Trifle values

Debts not exceeding € 5.-- will not be compulsorily claimed by simulogics under any circumstances and can not by claimed by the user under any circumstances.

B Revocation / Termination

(I) Right to revoce

A right to revoce does not apply in particular due to § 312b III Nr. 6 BGB (German Civil Code).

(II) Termination

If a contract was closed as an subscription, it can be terminated at any time, but at least 15 days before the duration as shown in the user's account exceeds. If the user does not terminated the subscription, it will be extended to the next period. For the termination of the subscribtion a seperate page is according to the used payment is provided by simulogics. The according web sited will be named at the order and are also available at the game support. A termination must be done seperately from the cancellation or deletion of the user's account.

C Privacy / Third party involvement

simulogics is using for the payment a third party service provider. All third party service providers are obligated to keep the transmitted data confidential. Data will only be circulated to specific providers if the user is violating his payment obligation. Data demanded for payment purposes will not be handed over to any third party according to § 6 II of this terms & conditions. Further information towards privacy will be provided in the simulogics's privacy policy.

The user has the right to revoce the validity of these terms & conditions in 14 days since publication. A participation is due to technical reason not possible without an acceptance to these terms & conditions. A revocation is in this case equal to a termination and results in a exclusion form the game. A revocation can be done by the deletion of the account and, if it applies, the termination of a subscription.