Terms of Use

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Terms of Use for Smilegate Services

1. Subject matter of the Terms of Use, scope, data usage

These Terms of Use regulate the legal relationship between you (hereinafter also "you" or “player") and Smilegate Games GmbH ("Smilegate", "we" or "us") in respect of the use of your Smilegate Account in connection with our websites and games at http://crossfire.gamerage.com/, the community forums offered by us, all of the mod tools provided by us and other applications offered by us (hereinafter "Smilegate Services").

  1. For the use of the Smilegate Services the user is required to register (create a " Smilegate Account"). This does not apply in cases where registration is obviously not necessary (e.g. for the use of freely available website content) or where an express exemption from the registration requirement is provided for. Upon your acceptance of these Terms of Use during the registration of your Smilegate Account and sending your registration request ("Offer") and the activation of your Smilegate Account ("Acceptance") by us a user agreement becomes effective between us and you on the basis of these Terms of Use. Until the point of sending your registration request, you may, at any time, amend the information entered on the registration form.

  2. Smilegate Services are solely aimed at consumers. Any commercial use of a Smilegate Account is prohibited. Depending on the specific service, Smilegate Services, in the form of free online games, may be used via your Smilegate Account, in which certain virtual goods and rights may be purchased in return for payment (where applicable) or the Smilegate Services are used in return for a one-off or recurring fee ("Memberships"). Insofar as not expressly stipulated otherwise in these Terms of Use, these Terms of Use apply both to free and paid Smilegate Services, including Memberships. For the conclusion of memberships, the Standard Business Terms of the relevant fee-based service also apply.

    After the conclusion of the agreement, the text of the agreement is not saved by us and is not available to you. You may, however, view the current version of the Terms of Use at any time on our website and we are also happy, at your request, to send you the version valid at the time the agreement was concluded. In spite of this, we recommend that you print the Terms of Use or save them to your end device before sending your registration request. The contractual languages available to you are German and English.

  3. Smilegate is entitled to interrupt the operation of the Smilegate Services with no prior notice for urgent technical reasons or for necessary maintenance work. In all other cases, a prior announcement will be made in an appropriate manner with a reasonable notice period. Only the current version of the Smilegate Services, as amended from time to time, may be used.

  4. When you create a Smilegate Account and when you use the Smilegate Services, we collect, store and process personal data. The data will be processed exclusively on the basis of the consent granted by you as well as on the basis of statutory provisions governing permissions. You can find the content of the Declarations of Consent as well as comprehensive information on the type, extent and purpose of the data processing undertaken in connection with the game in our Privacy Policy http://gamerage.com/Home/privacypolicy/EN.

  5. Additional game or usage rules ("Game Rules") may apply to some Smilegate Services in order to set out specific rules for the respective service. These rules will be issued to the user separately before the use of the respective service and must be adhered to.

2. General provisions for registration

  1. There is no right to registration and activation.

  2. Only individual, natural persons are permitted to be users. Registration must be carried out personally. Registration by a third party is not permitted.

  3. Minors are only permitted to use the Smilegate Services with the consent of a legal representative and where the user has reached the minimum age stated in the age rating.

  4. The user must enter specific details when registering, e.g. a player name and an email address registered to them. The user has no right to be given the specific player name chosen by them. The player name may not infringe the rights of third parties or violate statutory provisions or good morals. Moreover, the user may not choose an email or internet address as a player name. As usage data, such as game statistics and internal chat communication, is also visible to other users via the player name, we also recommend that you choose a player name which does not allow any conclusions to be drawn as to the person behind the user.

  5. When registering, the user must provide only correct and complete information. The user is obligated to ensure that the data provided at the time of registration is always kept up to date.

  6. To the extent necessary for the performance of the user agreement, Smilegate is entitled to request suitable proof of identity from the user, which will, after verification, be immediately deleted.

  7. Smilegate may make the activation of the Smilegate Account dependent on the validation of the user's email address (double opt-in process). To this end, Smilegate will request, in the email confirming receipt of the Offer, that the user validate their email address. The Smilegate Account will only be activated after validation of the email address.

  8. Smilegate also offers the option of registration by way of so-called "single sign-on" whereby, in the course of the registration process, the user simply registers using their existing user account on a third party portal (e.g. on Facebook). Thereafter, upon consent of the user, a range of details from the existing user account will be sent to us by the third party platform provider, which will be used to register the Smilegate Account. In this case, validation of the user occurs via the third party platform provider and the Smilegate will usually be immediately activated.

  9. Upon successful registration, the user creates a Smilegate Account that they can manage themselves. Smilegate reserves the right to create technical conditions (e.g. in the form of a portal), through which Smilegate Accounts may be used for several Smilegate Services simultaneously. The user can then use the Smilegate Account for different Smilegate Services, which the user may have to activate for their Smilegate Account separately.

  10. Any transfer of the user account or its surrender to third parties without the consent of Smilegate is prohibited.

3. General obligations of the user

  1. Log-in details, passwords

    The user is obligated to keep their log-in details strictly secret. The user is, in particular, obligated to use their log-in details solely within the Smilegate Services and to protect them from unauthorised access by third parties.

    The term "log-in details" is understood to mean the personal access data (username and password) of the user, which is used to authenticate the user and exclude use by unauthorised third parties. The password should not be identical to the player name and should be at least eight characters in length and comprise a combination of letters and numbers.

    In the event that the user has reason to suspect that third parties have, or could have, obtained their log-in details or parts thereof, the user must immediately inform Smilegate and change or allow Smilegate to change their log-in details. In such a case or in the event that Smilegate has reason to believe data has been compromised, Smilegate is entitled to block the user's access temporarily or permanently. The user will be granted access again as soon as the suspicion of an abuse of data has been eliminated.

    The user is not entitled to use the log-in details of another user, unless the Game Rules of a specific Smilegate Service allow for exceptions in this respect (e.g. holiday cover).

  2. Use of the Smilegate Services

    The Smilegate Services contain different types of content which are protected by trade mark rights, copyright and in other ways to the benefit of Smilegate or the benefit of third parties. Unless expressly permitted by Smilegate (e.g. in separate end-user licensing provisions, "EULA"), the user is not entitled to adapt, reproduce, distribute or communicate to the public the Smilegate Services or content provided via the Smilegate Services, advertise with them or use them for purposes other than those contractually agreed. Only reproduction of a technical nature for types of use of the Smilegate Services in accordance with their intended purpose is allowed. Further distribution is only permitted within the strict limits set by the case law on the exhaustion of copyright in software. Copyright notices and trade mark signs may not be altered, supressed or removed.

    The term "content" includes, but is not limited to, all data, images, texts, graphics, pieces of music, sounds, sound sequences, videos, programmes as well as software codes and other information, which is made available by Smilegate as part of the Smilegate Services or integrated within them. The term "content" also covers, in particular, all virtual goods which may, where applicable, be made optionally available as part of the Smilegate Services.

    The user undertakes to refrain from all measures which could jeopardise or disrupt the functioning of the Smilegate Services, and not to access any data which the user is not entitled to access. The user has no right to the publication of content in connection with the Smilegate Services.

    Use of client software Where the use of a service requires the prior installation of a client software Smilegate grants the user, subject to the provisions of the EULA, which have to be separately confirmed by the user prior to the installation of the software, a non-exclusive right to install the client software and use it in accordance with the EULA and these Terms of Use. The user is only permitted to reproduce the client software insofar as this is necessary for the use of the software in accordance with the contractual agreement. No form of commercial use of the software is permitted.

    A change to the client software or a decompilation of the provided programme code into a different code form or any other types of reverse engineering of the different production stages of the software, is prohibited, insofar as such acts are not required to obtain the necessary information to establish the interoperability of the client software with other programs, where such information to establish the interoperability could not be obtained in other ways, in particular from Smilegate, and provided any collected data will not be used for any purpose other than establishing the interoperability and these acts will only be undertaken by the user themselves.

    The user is required to ensure all software and hardware they use is suitable and up to date, in particular in order to be able to use any version updates or other updates to the Smilegate Services. We provide information on the technical requirements for the use of individual Smilegate Services on our websites.

  3. User Generated Content

    Some Smilegate Services will, where relevant, offer you the option to create your own content and make it available to other users ("User Generated Content"). By creating User Generated Content within the game, you grant Smilegate and its associated companies the exclusive right, royalty-free and in perpetuity, to use your User Generated Content in connection with the game, in particular the right to reproduce, distribute, broadcast, make available to the public and otherwise communicate it to the public, provided this occurs on the basis of our Terms of Use and Privacy Policy, with a direct connection to Crossfire Europe. Insofar as is necessary , e.g. for technical reasons, Smilegate is, in this respect, also permitted to adapt your content.

    You hereby declare and warrant that your User Generated Content does not violate any statutory prohibitions or infringe any rights of third parties. Smilegate is not obligated to use your User Generated Content and is entitled to restrict or remove your User Generated Content upon discovery of a violation of the aforementioned declaration.

    Should you be of the opinion that User Generated Content of other users infringes your rights or the rights of third parties, you may notify our support thereof accordingly.

4. Rules for the use of the online games

The user may only participate in any active play session of an online game with one user account, unless the Game Rules of the specific Smilegate Service stipulate exceptions for this. The use of multiple user accounts ("Multi Accounts") is not permitted. Smilegate may block and/or delete non-permitted Multi Accounts at their absolute discretion, whereby such a measure may, due to the violation of these Terms of Use, cover all Accounts which have been set up.

  1. The user is not permitted to undertake any form of manipulative interference in the online game. The user is, in particular, not entitled to use measures, mechanisms or software which could disrupt the function and the course of the game. The user may not take any measures which could result in an unreasonable or excessive burden of the technical capacities. The user is not permitted to block, overwrite or modify content generated by Smilegate or in any other way interfere in the online game.

  2. The user is also not permitted to access the online game with programs other than the internet browser or the client programme made available. This applies, in particular, to so-called bots as well as other tools which are intended to replace or complement the web interface.

  3. Scripts and programmes which create an advantage for the user against their fellow players or interfere with the gameplay intended by Smilegate are similarly not permitted. These also include any automated processes, such as auto refresh functions and other integrated mechanisms of the internet browser. Log-in is only allowed via the Smilegate Services and third party sites incorporated by Smilegate (e.g. portals or social networks).

  4. The user may, under no circumstances

    • use cheats, mods, hacks and/or software which changes the gameplay of the online game or

    • use software which facilitates "data mining" or in any other way intercepts or collects information associated with the online games, or

    • buy, sell or exchange virtual goods or virtual currency from the Smilegate Services from or to third parties for real currency, or attempt to do so, insofar as this is not permitted by Smilegate in an individual case.

  5. The user is not permitted to use private servers, i.e. servers of the user or of a third party which enable, create or maintain unauthorised connections to Smilegate Services, in particular using programmes whose use is not expressly approved by Smilegate or emulate, or attempt to emulate, one of the Smilegate Services.

The aforementioned prohibitions also cover all acts which have the equivalent effect to the aforementioned prohibited acts.

5. Rules for communication within the Smilegate Services

  1. Smilegate offers the user various communication methods, to publish their own content and posts or to communicate directly with other users, within the Smilegate Services. In this respect Smilegate only provides the technical mechanisms for the exchange of information. No right exists to the provision of these communication mechanisms.

  2. The user is prohibited from publishing or distributing content (e.g. images, videos, links, names, texts, communications) in connection with the Smilegate Services, which

    • violates valid law or is against good morals;

    • infringes trade marks, patents, copyrights, other protection rights, trade secrets or other third party rights;

    • is obscene, racist, glorifies violence, is pornographic, harmful to young people or otherwise harmful to the development of children and young people or has a derogatory character;

    • is offensive, harassing, defamatory or has a character otherwise harmful to personal rights;

    • contains chain letters or pyramid schemes;

    • creates the false impression that it is provided or supported by Smilegate;

    • includes personal details of third parties without their express consent;

    • has a commercial, in particular advertising, character;

    • has political, religious or sexual references.

  3. Appropriate wording should be used for all communications within the Smilegate Services.

  4. Smilegate expressly does not adopt the content provided by users as its own. However, the user does grant Smilegate a perpetual, non-exclusive right of use, in particular to store and publish the content and posts provided by them as part of the Smilegate Services, insofar as this is necessary for the technical operation of the communication methods provided. Smilegate hereby notes that it conducts, at most, random active surveillance of the provided content. Moreover, every user has the option to report suspected unlawful content to Smilegate. Smilegate will then react expeditiously and, where necessary, edit or delete the reported content.

6. Consequences of a violation of obligations

  1. In the event of doubt, users must immediately remove content to which Smilegate has an objection and which violates these Terms of Use. Smilegate expressly reserves the right to remove this content itself.

  2. Without prejudice to all other statutory or contractual rights, in particular the right to terminate for good cause, Smilegate is entitled, according to its equitable discretion, to take one or more of the following measures, insofar as there are sufficient factual indications that a user has violated these Terms of Use or the ancillary conditions and rules applicable to the respective Smilegate Service, unless the violation was not the fault of the user:

    • change or delete infringing content,

    • send a user a warning,

    • make the harmful behaviour public in the online game in question, stating the respective Player Name,

    • temporarily block a user account and

    • permanently exclude a user from Smilegate Services (after valid termination of the usage relationship).

  3. Once a user has been permanently excluded, they may not register a new user account without prior consent from Smilegate.

7. Purchase and use of virtual currency

You have the option to purchase virtual currency for some Smilegate Services which you may then use within the game to unlock certain functions, achievements or upgrades, e.g. in the form of virtual goods ("In-Game Items"), boosts and features (hereinafter "Virtual Goods") within the game.

  1. The virtual currency may be designated differently in different online games and is purchased via a website set up for this purpose. In the game Crossfire Europe, for example, the currency is called "RagePoints".

    To purchase virtual currency the user must log into this website using their Smilegate Account. A contractual agreement for the provision of virtual currency by Smilegate comes into effect when the user chooses the amount of virtual currency they wish to purchase and submits their order via the button "Buy Now". Until the order is submitted, the user can correct, at any time, the information entered during the order process by using the back button in the browser.

    Smilegate will credit, upon receipt of payment, the corresponding amount of virtual currency to the user's Smilegate Account, provided the user has activated the checkbox that the ordered digital content should begin before expiry of the fourteen-day revocation period. Otherwise the credit will appear after the expiry of the fourteen day revocation period.

    The payment of the purchase price for the virtual currency shall be made via payment service providers engaged by Smilegate which provide the user with various methods for payment ("Payment Methods"). All relevant information regarding the purchase of virtual currency is provided on the website. The user may choose their preferred payment method from those available. The user acknowledges and accepts that normally a contractual agreement comes into effect with the payment service provider chosen by them in relation to the performance of the transaction according to the provisions of the respective payment service provider.

  2. As far as the purchase of virtual currency is concerned, you have a statutory right of revocation as set out below:

    Right of Revocation

    You are entitled to revoke this agreement within 14 days without specifying reasons.

    The revocation period is fourteen days from the date of conclusion of the contractual agreement.

    In order to exercise your right of revocation, you must notify us (Smilegate Games GmbH, Bergmannstraße 72, 10961 Berlin, revocation@smilegate-global.com) by way of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to revoke that agreement. To that end, you may use the attached revocation notification template, however this is not required.

    Sending the notification of revocation within the revocation period shall suffice for the purposes of complying with the revocation time limit.

    Consequences of Revocation

    If you revoke this agreement, we will return all payments we have received from you, including all shipping costs (with the exception of any additional costs which arise from your specifying another method of shipping than the low-cost, standard delivery offered by us), without delay and at the latest within fourteen days of our receipt of your notification of revocation of this agreement. In effecting this repayment, we will use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees in connection with this repayment.

    End of the Revocation Instruction

    Specific instructions:

    The Right of Revocation expires, in the case of a contract for the delivery of digital content which is not stored on a tangible data storage medium, at the point of time when we have begun the performance of the contract after you have expressly agreed that we should commence the performance of the contract before expiry of the revocation period and have confirmed that you were aware that with your consent to the commencement of performance of the contract, you lose your right of revocation.

  3. Once the virtual currency has been credited, the user obtains a non-exclusive, non-transferable right, limited in time to the term of the contract to activate Virtual Goods offered at that time by Smilegate in the relevant game and described in greater detail therein, provided the virtual currency credited to the Smilegate Account is sufficient for these. The virtual currency, booked to the Smilegate Account, will be reduced by an amount corresponding to the given value of the Virtual Good.

  4. The purchase of Virtual Goods grants you a non-transferrable and non-sublicensable right, bound to your Smilegate Account, to use the respective function or service, as was offered and described to you within the game. Virtual goods may, depending on their description, be subject to a time limit or contain only a restricted number of uses. In any case the obtained exploitation right is subject to the resolutive condition of the termination of your user account and under the condition of the continued offering of the game by Smilegate. In certain circumstances, it is possible that individual In-Game Items may no longer be usable, due to the further development of the game. In this case, and in the event that Smilegate completely ceases operation of a game, Smilegate will give you reasonable notice thereof. Please note that the acquisition of a service or function is no guarantee of permanent usability.

  5. The contracting partner for services related to the provision of virtual currency may also be a person who is not identical to the user and who purchases these services exclusively for the benefit of the user (third party beneficiary contract). This applies in particular where a third party wishes to purchase and pay for the offered service for the respective user. In such cases, only the holder of the Smilegate Account, to which the service is to be credited, is entitled to demand the services at issue from Smilegate. Smilegate will provide this service directly to the respective user.

  6. Except in the event of the valid exercise of a statutory Right of Revocation, any reimbursement of payment for virtual currency which has not yet been used, or for the remaining term of a membership, is only possible under the provisions in clause 8 i).

  7. The statutory rights for warranty against defects apply.

  8. Smilegate exclusively holds all rights in the Virtual Goods used in the Smilegate Services and provided in return for payment, aside from the use under these Terms of Use.

8. Term and termination

  1. Unless otherwise expressly stipulated within the registration process, the user agreement is concluded for an indefinite time.

  2. The contractual agreement may be terminated at any time by the user with no notice.

  3. Smilegate has an ordinary right to terminate the user agreement with a reasonable notice period of at least 4 weeks.

  4. Moreover, Smilegate has the right to terminate the user agreement in the event that Smilegate ceases operating the Smilegate Services entirely. Smilegate has the right to end the user agreement in relation to individual Smilegate Services,in the event that Smilegate ceases providing the respective Smilegate Service entirely. In both of the aforementioned cases, the customer must be informed accordingly, giving reasonable notice, of the cessation of the relevant Smilegate Service.

  5. If a limited term is agreed in relation to a Smilegate Service, the user agreement may only be normally terminated effective at the end of the term, with a notice period of four weeks prior to the final day of the current term. If no timely termination is effected, the respective limited term contract will automatically be extended by the length of time of the original period, however by not more than one year.

  6. Each party has the right to terminate the agreement for good cause without notice. Good cause exists for Smilegate, in particular, if

    • the user violates, in a not insignificant manner, laws, the provisions of these Terms of Use and/or applicable ancillary provisions in particular the EULA applicable for the relevant Smilegate Service or Game Rules, and this violation is not ceased before expiry of the reasonable time limit set by Smilegate for its remedy or, after once being ceased, is repeated, unless the user was themselves not responsible for the violation. The setting of a deadline for remedial action is unnecessary where special circumstances exist which justify immediate termination, when the interests of both sides are taken into account.

    • the user falls into arrears with the payment of contractually due payments and, despite written notification, does not pay or the user avails themselves of paid Smilegate Services in an unauthorised manner, unless they were not themselves responsible for the violation.

  7. Termination must be in written form (email suffices) or occur within the Smilegate Account or via a termination function implemented within a Smilegate Service.

  8. Insofar as no specific contractual term is agreed, Smilegate is authorised to terminate the user agreement after an uninterrupted period of inactivity of a Smilegate Account of more than six months and to delete the Smilegate Account. Smilegate will inform the user of the deletion of the Smilegate Account in advance, via the email address registered to the Smilegate Account.

  9. Once a termination of the entire user agreement takes effect, Smilegate will delete the respective Smilegate Account.

  10. If Smilegate effects an extraordinary termination of the user agreement, or permanently ceases operation of the relevant Smilegate Service before a termination has taken effect, for reasons which were not the fault of the user, the user is entitled to demand the payment of the corresponding value of the virtual currency, paid for by the user, which is still credited to the user account.

  11. The termination of the user agreement or a part of the user agreement relevant to a specific Smilegate Service automatically also effects the termination of all EULAs for the Smilegate Services affected by the termination. Once the termination has taken effect, the user is no longer authorised to use the Smilegate Services concerned.

9. Liability

Smilegate shall be liable, according to the relevant statutory provisions, for loss or damage which has been caused by intentional or grossly negligent behaviour on the part of Smilegate or its vicarious agents as well as for loss or damage resulting from a permanent injury to body, life or health, regardless of the degree of culpability.

Moreover, the liability on the part of Smilegate to pay compensation is limited as per the provisions below, insofar as nothing else applies as a result of a guarantee expressly assumed by Smilegate:

  1. Smilegate shall only be liable for loss or damage caused by simple negligence insofar as it relates to the violation of material contractual obligations (principal obligations). Principal obligations are those contractual obligations which must be fulfilled to enable the due and proper performance of the contractual agreement and the observance of which the user is entitled to rely on. Insofar as Smilegate is liable as per the above for simple negligence, the liability of Smilegate is limited to typically foreseeable loss or damage.

  2. The provisions of the above paragraphs also apply accordingly in respect of a limitation of the obligation to compensate for wasted expenditure (Sec. 284 BGB).

  3. The aforementioned limitations to liability also apply as far as persons are concerned whom Smilegate uses to perform its obligations.

  4. Smilegate shall not be liable for any costs which the user incurs in availing themselves of services which are expressly not offered by Smilegate itself. This applies in particular to costs resulting from data transfer to or from the end device of the user as well as for any costs of the user for using the payment systems.

  5. Any liability regardless of fault is excluded for malfunctions of the Smilegate Services present at the time of commencement of provision of services. This means that Smilegate shall only be liable insofar as this is the fault of Smilegate or its vicarious agents.

  6. Liability according to the German Product Liability Act remains unaffected by the aforementioned provisions.

10. Applicable law

German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as the relevant conflict of laws provisions.

If, at the time of the conclusion of the relevant contractual agreement (registration or purchase of paid services) the user is usually resident in a different country within the European Union, the application of the legal provisions on consumer protection of that country, which may not be derogated from under the laws of that country, remains unaffected.

11. Resolving disputes

Information on online dispute resolution as per Art. 14 (1) ODR Regulation:

The EU Commission has provided an internet platform for the online resolution of disputes ("ODR platform"). The ODR platform may be used as a contact point for the extrajudicial resolution of disputes arising from online purchase contracts or service contracts. The ODR platform may be found at the internet address http://ec.europa.eu/consumers/odr.

Smilegate trusts that it will be able to resolve conflicts with the user amicably. We will therefore not participate in consumer arbitration before a consumer arbitration body as per the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz, VSBG) or the Online Dispute Resolution Regulation (ODR Regulation).

12. Amendments to these Terms of Use

Smilegate reserves the right to amend these Terms of Use for genuine reasons, in particular as a reaction to new technical developments, changes to case law, the legal situation or other equivalent reasons. Smilegate will inform the user by email of the amended terms at least four weeks prior to their coming into effect and of the intended validity of these new Terms of Use as well as of the right of the user to contest the validity of these Terms of Use.

If the user does not contest the validity of the new Terms of Use within this time limit or if the user logs in to the Smilegate Services again after the new Terms of Use have come into effect, the new Terms of Use will be deemed to have been accepted. Smilegate will inform the user in a suitable manner of the significance of the four week deadline, of the right of revocation and the legal consequences of remaining silent.

13. Contact and communication

Smilegate will generally communicate with the user - unless otherwise stated in these Terms of Use - by email. The user shall ensure that the email address stated in the course of the registration process and, where applicable, also any spam filter set up for this email address, is regularly checked for messages from Smilegate.

If the user contacts Smilegate, they must state the relevant online game and the relevant user account. Smilegate provides the user with a support system for support matters. Smilegate is entitled to refer the user in support matters to the exclusive communication via the support system.

Email:

support@smilegate-global.com

Postanschrift:

Smilegate Games GmbH
Bergmannstraße 72
10961 Berlin