General Terms and Conditions of Business for the Use of www.sanriotown.com and www.hellokittyonline.com
  1. Scope
    1. Burda:ic GmbH, Arabellastraße 23, 81925 München, Germany (in the following: "Burda:ic", "we", "us") offers Internet users residing in Europe (geographical), Russia and Turkey (in the following: "user", "you") the possibility of using the "Sanriotown" Portal, operated at Internet address www.sanriotown.com (in the following: "Portal" or "Sanriotown Portal"), as well as of participating in the “Hello Kitty Online” online game, which is operated at Internet address www.hellokittyonline.com (in the following: "HKO" or "HKO Game"). The Services provided by Burda:ic in the framework of HKO and the Portal are collectively designated as "Services" in the following.

      The following General Terms and Conditions of Business (in the following: “GTCB”) apply to all Services, including further developments and improvements. Furthermore, additional Terms of Use may be pertinent for individual Services. In each case, Burda:ic will point this out to you separately. These GTCB can be viewed in the following languages via the "Select Language" menu on the Portal: English, French, German, Italian, Spanish and Turkish.

      Internet users from regions other than Europe (geographical), Russia and Turkey (in the following: "Burda:ic Licensed Territory") are forbidden from using the Portal for reasons related to licensing law. Burda:ic reserves the right to check the place of residence of the user by means of an automated analysis of the enquiring IP address, and not to answer website enquiries from outside the Burda:ic Licensed Territory, or to prevent such enquiries.

      Burda:ic reserves the right to revise or supplement these GTCB while providing fair and reasonable notice of its intention to do so. The notice shall be given to registered users via e-mail or when they log in. If you do not object within four weeks after you have been informed by e-mail or when you logged in, this will be assumed to be agreement, and the revised or supplemented Terms of Use shall apply to you as of that time. If you object within the stated period, we are entitled to make use of our ordinary right of termination as stated in Clause D.XIII.2 of these GTCB. In the e-mail that contains the revised terms and conditions or in statements provided when you log in, we shall separately inform you of the meaning of the four-week notification period and of the mentioned consequences of your silence or of your objection.

      Please observe the Revocation Information at the end of these GTCB.

  2. Use of the Sanriotown Portal (Portal)
    1. Use without registration
      1. You may always visit the Sanriotown Portal without registering at www.sanriotown.com . Should you, however, wish to use interactive Services, such as the Dream Studio, blogs or e-mail Services, or participate in online games (particularly HKO), you must register at www.sanriotown.com.
      2. If you only visit the Portal passively or if you call up the freely accessible content available there, the GTCB listed here, in the particular version that is retrievable from www.sanriotown.com at that time, apply to you.
    2. Registration
      1. Any person who is at least 18 years old and fully legally competent is unrestrictedly authorized to register. If you are younger than 18, you should obtain the permission of your parents or legal guardians before registering.
      2. Burda:ic is not obligated to allow you to register. Burda:ic reserves the right to refuse your registration application in the event that there is an important reason for doing so.
      3. During your registration at www.sanriotown.com, you select a login name, which will later also be your Account Name and a principal constituent of your Sanriotown e-mail address (in the following: "Account Name"). Your e-mail address will be made up of your login name and the name of whichever of the offered Sanriotown characters you then select.
      4. Later in the registration, you select a password that you must have in order to log in to the Portal and for the HKO Game.
      5. Burda:ic is not obligated to give you a particular Account Name or a particular password. You can change your password after you have completed your registration.
      6. Sanriotown Accounts are personal and are not permitted to be transferred to other people. Violation of this rule will lead to extraordinary termination of the Permission for Use Contract, and also to immediate and final blocking of the respective Account.
      7. Please note that your password is the key to your Sanriotown Account and that you must accordingly treat it as confidential. In particular, you are never permitted to give your password to a third party. We also never ask for your password, except when you are logging in. Should anyone ask you for your password, no matter by which means (for example, by e-mail or text message), do not answer; forward the request to us at legal-en@hellokittyonline.eu.
      8. You can read information explaining which of your personal data we collect during your registration and when you use the Services and how we use such data in our Privacy Policy. Please observe that voluntary additional statements that you make in your Portal profile can be viewed by all other registered users. Where appropriate, you should consult with your parents. You should only provide information that will not make it possible for others to determine your identity or to contact you outside the communication channels that we provide. For example, never indicate your telephone number, electronic contact address, year of birth or age.
      9. You undertake to correctly and fully, provided that the data are identified as mandatory, provide any data that is requested during your registration. Should you provide false information (such as age or country of residence), Burda:ic is entitled to block your Account. Please ensure that you always keep your information up to date. You can change this information at "Profile Information".
      10. After completing the registration, you can use all available Services at www.sanriotown.com. Most of the Services are free of charge. The few Services liable to a charge (in the following: "Premium Services") are expressly identified as such. Please observe, however, that even when you use free Services, you may be subject to transmission costs when you download content (such as software, games, etc.), depending on the Internet access that you use (for example, if your rate is based on the quantity of data). Your Internet access provider can provide you with information as to whether or not you will be charged for the data transfer and, if so, how much the charge will be. You can look in the download manager to see what the data quantity was for each download.
    3. Free-of-charge Services for registered users
      1. If you have registered, you currently have the Services described in the following available to you at no charge:
        1. Dream Studio: Here you can upload your own videos and work with special effects, upload a slideshow of your own pictures or simply view and comment on the videos of other users.
        2. Blogs: We provide each registered user with his or her own blog; this blog is activated when the first entry is drawn up. You can write your own blog or read the blogs of other users.
        3. Forum: The Forum is the platform for exchanging and archiving thoughts and opinions. As a registered user, you can comment on the posts of other users and also initiate your own threads.
        4. E-mail service: We provide you with an e-mail account and save your incoming and outgoing e-mails for you. As explained in detail in the Privacy Policy, we use the external service provider Outblaze Ltd. for this. Your e-mail address is made up of your Account Name and your favourite character that you selected during registration. We always keep memory space of up to 256 MB on hand for each e-mail Account. There can furthermore be a processing restriction for individual e-mails due to technical capacity. Should the available memory be exceeded, no more e-mail communication will be possible for you. You will be notified accordingly. In this case, you must then delete e-mails to free up memory space again.
        5. Games: At "Game Center", you can play amusing Flash games and compete against other players in Sanriotown by means of the rankings, which are automatically updated after each game.
        6. File cabinet and shared file access: The data cabinet is a type of file explorer in which you can upload and administer (delete, rename, move and copy) files for shared data access. With shared file access, it is possible to upload data and make data accessible to individual people, groups or all, either with or without password protection.
    4. Services subject to a charge ("Premium Services") and payment methods
      1. The few Services subject to a charge ("Premium Services") that you can use on the Portal are listed in the following. Each of the Premium Services can be booked for one or two years. Before the expiration of the particular time, we shall inform you far enough ahead of time to allow you to book the service for an additional period of one or two years if you so choose.
      2. We reserve the right to change any of the fee levels for the future.
      3. Various payment options are available to you for paying the fee, depending on the country in which you reside. These are shown to you when you decide on a service that is subject to a charge.
      4. Various payment options are available to you for paying the fee, depending on the country in which you reside. These are shown to you when you decide on a service that is subject to a charge.
      5. Before the final completion of orders for Premium Services, you have the possibility of checking your order for input mistakes and correcting it if necessary. If Burda:ic gives notice to terminate the contract with you due to an important reason that can be attributed to you (for example, because you have seriously violated the GTCB), you have no right to a refund of any fees. This also applies with regard to the fees for Premium Services, which you can no longer use because your Account will be blocked after the notice to terminate has been given.
      6. The following Premium Services are currently offered:
        1. Expanded mailbox size: You can increase your mailbox capacity to 1 GB. This allows you to save more messages and keep large attachments without having to delete such items frequently.
        2. POP3 access: You can use your favourite e-mail program, such as Outlook Express or Eudora, in order to read and send your e-mails. The SanrioTown POP3 access is simple to set up and allows you to download your messages easily and to conveniently read them with your favourite e-mail program. Authenticated SMTP allows you to send your e-mails with the program.
        3. E-mail forwarding: Forward your incoming e-mails easily to another e-mail address. Your family and friends can continue to write to this e-mail address and you get the e-mail forwarded to every other e-mail address that you want.
      7. Please observe the Revocation Information at the end of these GTCB.
    5. Kitty Loyalty Points
      1. We are happy to have you use the Portal intensively. This is why you are credited with a certain number of Kitty Loyalty Points for various actions (such as creating a video in the Dream Studio). You can view the current status of your Kitty Point Account via your profile.
      2. You can, for example, use your Kitty Loyalty Points to purchase virtual objects in the HKO Item Mall and then use these objects in the online game.
  3. Hello Kitty Online (HKO)
    1. The Hello Kitty Online game (“HKO“) is a so-called Massively Multiplayer Online Role-Playing Game (MMORPG), meaning that it is an online role-playing game for a large number of players who play at the same time. It was developed especially for the Portal and is linked to it in many respects.
    1. Access to the game
      1. Because of the diverse connections between the Portal and the online game, you must either already be registered on the Portal or register in order to be able to participate in the HKO Game.
      2. You can then download the HKO client in the "Online Game" section of the Portal and install the client on your computer. Detailed information on how to do this is provided to you during the download process.
      3. After you have installed the client, you can log in to the HKO Game with your Account name and password from the Portal.
      4. To start, you must individualize your avatar and give it a name that will then be used for your appearance in the game. Only one avatar can be created for each User Account.
    2. Content and course of the game
      1. In the HKO Game, you can stroll through the streets of the Flower Kingdom, London and Paris, or enjoy the beautiful view of Tokyo, Moscow and other places.
      2. You can select your own characters and adapt them as you feel inclined, build your own house, cultivate your own farmland, plant, grow and harvest your own crops or establish a guild. In addition to monster-filled adventure areas, you can also dig for ore in a mine or scour the forests as you search for fruit. The link to the Sanriotown Community allows you to read the blogs of the other players, write ingame mails and so make many new friends. The popular Sanrio characters, such as Hello Kitty, My Melody, Pochacco, Badtz-Maru and many others are available as non-playable characters and sovereigns of the kingdom to give you advice and new missions.
      3. The game is constantly being further developed, so that new content can be added on an ongoing basis.
    3. Item Mall
      1. In addition to the general shopping possibilities that are integrated into the game, a number of virtual items can be acquired for the HKO Game in the "Item Mall". The Item Mall is accessible both directly from the game and from the Portal, as soon as you have logged in.
      2. There are two forms of payment in the Item Mall: Coins or Loyalty Points.
      3. Coins are a virtual form of payment for purchasing items to use in the HKO Game. You can buy Coins in various quantities by paying in corresponding euro amounts.
      4. The Kitty Loyalty Points (KLPs), that you receive by using the Sanriotown Portal or in the framework of such use serve as a further form of payment.
      5. The items purchased with Coins or KLPs cannot be returned or exchanged for Coins or KLPs. Items may furthermore be subject to expiration periods and then lapse with the expiration of that time. Such expiration periods are clearly pointed out when the items are purchased.
    4. Top up process for Coins and e-Wallet
      1. In order to purchase Coins, look for the Top Up area in Sanriotown. There you will find various payment options available to you, depending on your country of residence. Please understand that in some countries, some payment options may not be available at all, or may be available only in a restricted form. Particularly for minors or people who are not fully legally competent, only some payment options are available in some countries.
      2. The payment methods may require various technical equipment (e.g., graphic card, browser, etc.) in order for you to be able to use them without problems. MAC users in particular may encounter difficulties during payment. We recommend that you first attempt a trial purchase of Coins in order to determine if you can carry out the payment process successfully and without problems.
      3. Before the final completion of orders for Coins, you have the possibility of checking your order for input mistakes and correcting it if necessary.
      4. After you complete the payment process, you will be given a code that you can input in a place that will also be indicated to you, so that you can have the number of Coins that you have purchased credited to you. These will be credited to your personal Customer Account ("e-Wallet"), where you can view them at any time.
      5. If you are under 18 years of age, we allow you to purchase only a maximum of 50,000 Coins a month for reasons of the voluntary protection of minors.
      6. Once you have purchased Coins, you cannot convert them back into money, except as provided in the following Revocation Information.
      7. Coins are fundamentally not subject to expiration. An exception is the case in which you terminate your Permission for Use Contract with us or we issue an extraordinary termination of the contract with you for an important reason. In these two cases, your unused Coins expire without substitution. Reimbursement is excluded. In the event that we close the Portal permanently and/or issue an ordinary termination of the Permission for Use Contract with you, we shall reimburse you for the monetary value of the coins that you have at the time.
      8. Please observe the Revocation Information at the end of these GTCB.
    5. Restrictions on disposal
      1. In order to allow fair and transparent play among our users, all disposals of Accounts, avatars, access data or Coins are forbidden. Items are permitted to be disposed of only within the game, in accordance with the rules stipulated there. The background for this prohibition is the endeavour of Burda:ic to prevent the commercialization of avatars, game content and asset and status positions acquired within games, in order to guarantee that the users of the Service always act in a purely playful manner.
      2. You therefore hereby undertake not to offer, hand over or transfer to third parties your Portal Account, your avatar, the respective access data to your Account or avatar and/or Coins, either in exchange for payment or without payment.
      3. You furthermore undertake not to offer, hand over or transfer to third parties items or virtual skills that you have acquired in the game outside the HKO Game, either in exchange for payment or without payment.
      4. The preceding prohibitions also apply in particular to online auction platforms, such as eBay, for example.
      5. Because violations of the aforementioned disposal prohibitions fundamentally violate the values and principles of HKO and Sanriotown, such violations lead to extraordinary termination of the Permission for Use Contract and to permanent blocking of your Account.
    6. Linking of HKO and Portal
      1. The Sanriotown Portal and HKO represent one unit and are linked in various respects.
      2. For example, you can use many Services that are available on the Portal in the HKO Game; in particular, you can view your videos from the Dream Studio, display your blogs and send e-mails. Other HKO players can also view and comment on your videos, display your blogs or write you an e-mail.
      3. Conversely, the HKO Game is also reflected on the Portal: for example, you can view your game profile there.
    7. Interaction with other players, "Netiquette"
      1. As an online role-playing game, HKO is interactive: you can get in touch with other players. Apart from the previously described interaction possibilities in the framework of the Portal (videos, blogs and e-mails), there are chat functions, emoticons and the possibility of trading with other players, especially in the case of HKO.
      2. You can furthermore supplement your profile, which all other players can view. For example, you can add information about your country of residence, your hobbies, etc. Please note that all such information can be directly viewed by all registered users. Where applicable, you should discuss this with your parents. You should provide only information that does not make it possible to identify you directly or to contact you outside of HKO or the Portal.
      3. A further function is the "Buddy List": It functions as an instant messenger program, meaning that you can invite other players to be your "Buddies". If the other player accepts your invitation, he or she will be added to your Buddy List. Alternatively, the other player can decline your invitation or block you. You have the same options when you receive an invitation from another player. You can decide for yourself which "Activity Status" you want to have appear for you on the Buddy Lists of other players (such as Busy, Available, Not Available, etc.). You can see the activity status of other players only if you have them on your Buddy List.
      4. The "Netiquette", which you can display here, must be observed in all interactions with other players and/or users of the Portal. In brief, this says that any interaction with others must be carried out respectfully, and that illegal remarks or actions are prohibited. Please observe that in the event of repeated violations of the Netiquette (or also immediately, in the event of serious violations), we will terminate the Permission for Use Contract with you and block your Account permanently.
  4. General regulations
    1. Technical limitations and the right to make changes
      1. Burda:ic makes every effort to make available the Services, particularly the software provided for use, that are provided in the framework of this Permission for Use Contract as reliably and error-free as possible. Nevertheless, neither Services nor the software forming the basis of these Services will be completely free of errors, so that the use of the Portal or the HKO Games can be impaired as a result.
      2. Furthermore, the Services provided by Burda:ic in the framework of this Permission for Use Contract are subject to technical limitations. In particular, this applies to the accessibility of the HKO Game and/or the Portal, the maximum memory capacity and maximum size of files, as well as the maximum number of messages and publications, namely both with respect to the absolute number and/or size and to a restriction in time. In the event that the technical limitations are exceeded, Burda:ic can refuse access to Services and/or refuse to store further data.
      3. In order to be able to keep the Services always at a high technical level, we reserve the right to shut down the Portal and/or the HKO Game at periodic time intervals in order to perform updates. Furthermore, there may be unscheduled maintenance work which will, however, be announced on the Sanriotown Portal website with advance notice as far as possible. The possibilities for use and/or the feed to the Services can be temporarily limited or interrupted as a result of the aforementioned maintenance and enhancement work.
      4. Burda:ic reserves the right to add new Services, to update or change existing Services or to withdraw Services, either in full or in part. In particular, Burda:ic is entitled to withdraw individual language versions (such as Spanish or Turkish) from individual or all Services. Burda:ic furthermore reserves the right to demand a fee for free Services, effective in the future. Should use of this option be made for a particular service, this will be communicated clearly in association with the respective Service. It is then up to you to decide whether or not you want to (continue to) use this Service. In this connection, in each case, you will be separately prompted to input your payment data and to consent to use of the then chargeable Services.
      5. Burda:ic GmbH provides the Services in the context of the Permission for Use Contract exclusively in the framework and within the limits of the conditions mentioned in the preceding under Clause D.I.1 to D.I.4.
    2. Use of the Services and duties to take care
      1. By registering as a user, you undertake to use the Services exclusively for personal purposes. You are not permitted to use the Services or the Portal and/or HKO indirectly or directly for commercial purposes, for example, by publishing, announcing or distributing advertising measures, making commercial use of the graphics or music contained in the Services or any other further distribution or placement of our Services in return for payment.
      2. You undertake not to knowingly disclose your password to third parties, even if asked to do so. Neither employees of Burda:ic nor volunteer contributors are entitled to ask you for your password. Acts of disposal made by an unauthorized third party using your access data will be charged to you. This does not apply if the unauthorized third party obtained knowledge of your access data due to negligent conduct on the part of Burda:ic.
      3. Burda:ic is entitled to take all necessary protective steps in the event of abuse of passwords. This also includes (temporarily) blocking your Account.
      4. You are obliged to back up your data or User Contents at suitable intervals in order to avoid loss of data or to minimize the corresponding risk.
    3. Forbidden use of the Services
      1. Except when there is express permission from Burda:ic given on the Portal or at HKO, you are prohibited from adding references (in the following: “Links”) to external websites or information sources, as well as other connections (such as buttons) to the Portal or the HKO Game. Considered as Links in this context are also Links to non-activated Web addresses (URLs).
      2. You are prohibited from collecting, using or passing on to third parties names, telephone numbers, e-mail addresses or other personal data of our users for the purpose of the sending of unsolicited advertising e-mails or text messages or for commercial telephone calls. The illegal and/or unauthorized use of the Services and framing or linking the Portal unless expressly permitted are likewise forbidden. Commercial advertising, forwarding Links and other advertising approaches can be removed from your profile or your User Contents without advance notice, and can lead to termination of the Permission for Use Contract and to the blocking of your Account. Appropriate legal steps will be taken against the illegal or unauthorized use of the Services.
    4. Policy for User Contents
      1. On the Sanriotown Portal and in the HKO Game, Burda:ic offers you Services that allow you to publish your own content, particularly in the form of videos, texts, photos and graphics (in the following: "User Contents") via the Portal or in the framework of HKO. You are responsible for seeing that your User Contents are in harmony with applicable laws and the following policy for User Contents.
      2. Be careful when selecting the information that you - voluntarily - provide on the Portal or in your personal profile in the HKO Game, and that you consequently make public or available to all registered users. You should never provide information there that allows third parties to identify you or to contact you in any way except through the communication channels that we offer.
      3. In particular, your User Contents are not permitted to contain:
        • Your telephone number
        • Your address
        • Your last (family) names
        • The year in which you were born or your age
        • Addresses for electronic communication (such as external e-mail address, MSN or Skype ID)
      4. You are furthermore prohibited from placing offensive or immoral User Contents on the Portal or in the HKO Game. Some examples of such prohibited contents are:
        • Photos of people wearing little or no clothing
        • Obscene, suggestive, harassing, sexually explicit or otherwise offensive portrayals or descriptions
        • Discriminatory remarks or portrayals
        • Portrayals or descriptions of violence
      5. You undertake not to violate applicable legal provisions when using the Services. You ensure that the User Contents that you make public do not violate any rights of third parties (such as copyrights, patents, brands, design patents or other property rights, the right to one's own image and other rights involving the protection of one's individual sphere of life). You must furthermore observe the applicable penal laws and provisions for the protection of children and young persons and, in particular, you are not permitted to put in any racist, discriminatory, pornographic, obscene or offensive content or content unsuitable for minors.
      6. You furthermore undertake to observe the private sphere of third parties, not to send any unsolicited mass messages or any unsolicited advertising and to refrain from all actions that could jeopardize the performance and availability of the Services.
      7. If you violate the preceding policy for the User Contents, we can block or delete your corresponding User Contents. Furthermore, we can impose the sanctions mentioned in Clause D.XII. on you. In the event of repeated or serious violations, we can issue an extraordinary termination of the Permission for Use Contract with you and permanently block your Account.
      8. Act responsibly, and notify us if you notice improper content posted by other users. You can report such content to us via the "Contact Us" link at the bottom of the Portal.
    5. Burda:ic and external content
      1. Burda:ic only provides the technical platform for the publication of User Contents. We do not adopt such content as our own. This also applies to all other external information to which we only arrange the access, to which we link or which we forward or temporarily store without changes.
      2. Burda:ic is not responsible for the correctness, completeness or timeliness of external and/or linked content.
      3. We review User Contents only when and as far as we receive concrete information that they are illegal and/or violate our policy for User Contents. You can report illegal or offensive content by using the "Report as inappropriate" button provided on the relevant Portal sites. In addition, you can always also file a report via e-mail by using the "Contact Us" link at the bottom of the Portal.
      4. We reserve the right to randomly select User Contents and review them or, in the event of grounds for suspecting violations of the policy for User Contents, also to review User Contents proactively, and where appropriate, to block or delete such content.
      5. Burda:ic is entitled to block, delete and/or convey to third parties User Contents as far as this is necessary to comply with statutory provisions or judicial or regulatory orders (for example, from the Public Prosecutor's Office). This also applies to the disclosure of the personal data of the respective user.
    6. Release obligation
      1. You undertake to release Burda:ic from all claims that other users or other third parties assert against Burda:ic:
        • Due to the violation of their rights due to User Contents that you have posted, or
        • Due to other illegal use of the Portal, the HKO Game and/or the content provided there.
      2. In such a case, you assume the costs of the necessary legal defence of Burda:ic, including all court and attorney fees in the amount provided by law. This does not apply if you are not answerable for the breach of law.
      3. In the event of claims filed against us by third parties, you are furthermore obligated to promptly, truthfully and fully provide to us all information that is required for the review of the claims and a defence.
    7. Rights of Burda:ic and restricted granting of rights of use and enjoyment
      1. Both the Portal and the HKO Game contain contents ("Burda:ic Content") licensed in the name of Burda:ic, namely particularly that software forming the basis of the HKO Game.
      2. Burda:ic Content is protected by copyright law, trademark law, the law of registered designs, patent law, competition law and additional laws. Burda:ic holds the exclusive rights of use and enjoyment to the Burda:ic Content and the Services for Europe, Russia and Turkey, and defends these against unauthorized uses by third parties. We point out that in the event of corresponding breaches of the law, we will rigorously take legal action, which can have considerable financial consequences for the respective infringer.
      3. Burda:ic herewith, subject to revocation and in any case, limited in time to the term of the Permission for Use Contract, allows you to store on your computer and have displayed by your computer the Burda:ic Content as far as required for the intended utilization of the Services. To this end, you may in particular download the game client from us and play the game hosted on our servers. You may furthermore pass the game client on to others without payment in return, or make it publicly accessible for download without payment in return on your Website. Any treatment of the use going beyond this, particularly any processing, translation or other alteration of the Burda Content, as well as any further distribution of the Client in return for payment and/or making the Client publicly accessible in return for payment is forbidden, and will be rigorously prosecuted before the courts by Burda:ic.
      4. All rights to the intellectual property with regard to Burda:ic Content remain ours or that of our licensers.
    8. Rights to the User Contents
      1. Burda:ic fundamentally claims no rights to the User Contents, such as videos, texts, pictures, photos, works of music or other materials, that you provide and disclose. After the provision or disclosure of your User Contents on the Portal or in the framework of the HKO Game, all rights to these Contents remain yours, and you can continue to dispose of them as you wish.
      2. In order to allow us, however, to display your User Contents on the Portal or in the framework of the HKO Game and to make them available to other users for the intended use, you irrevocably grant Burda:ic a simple licence to disclose, reproduce, disseminate, pass on publicly or make publicly accessible, process, alter and/or translate your User Contents provided on or via the Portal or in the framework of the HKO Game in accordance with the terms. This licence that you grant to Burda:ic is not exclusive, is not in return for payment, can be sub-licensed or transferred and applies around the world due to the nature of the Internet as a medium that crosses national borders.
      3. By placing your User Contents on the Portal and/or in the framework of the HKO Game, you declare and guarantee that:
        • You have yourself produced the User Contents that you have placed and that you hold all necessary rights to such Contents, or
        • You are, for another reason, such as due to corresponding authorization from the respective holder of the rights, entitled to place the User Contents and to grant the right of use and enjoyment in accordance with Clause C.VIII.2.
      4. You are permitted to use User Contents of other users that you can access via the Portal or in the framework of the HKO Game according to the terms, meaning you may load these onto your computer and play them back there. Any further use is not permitted.
    9. Limitation of liability
      1. In the event of claims either resulting from the contract or not resulting from the contract, Burda:ic is liable only for damages resulting from wilful and knowing or grossly negligent actions, as well as for damages that result from slightly negligent violation of such obligations that are the basis for making possible performance of the contract existing with the user in question in a manner in accordance with the terms, and in whose fulfilment the party to the contract may therefore trust (cardinal obligations). In the latter case, the liability is limited to damages typical for the contract and foreseeable at the time the contract is concluded.
      2. If and as far as we provide Support Services, these are provided without payment in return. We therefore are liable for unsatisfactory Support Services only in the event of wilful and knowing or grossly negligent disinformation on the part of our employees.
      3. The aforementioned limitations of liability do not apply in the event of violation of life, body and health, in the application area of the German Produkthaftungsgesetz (Product Liability Act) as well as in the case of the assumption of express guarantees.
      4. In the event of the loss of data, Burda:ic is liable in accordance with the aforementioned paragraphs, however only in the event that such a loss would not have been avoidable by means of suitable data backup measures carried out by the user. The scope of liability of Burda:ic is limited to the expenditure that normally arises for the recovery of the data.
      5. The preceding liability regulations apply accordingly to the liability of Burda:ic in the event of breaches of duty on the part of its legal representatives or employees.
    10. Assignment of the Permission for Use Contract by Burda:ic
      1. Burda:ic is entitled to assign the rights and obligations resulting for Burda:ic from the Permission for Use Contract with you to a third party in the course of the disposal of the Services or the Websites used for them. You, however, as always, also have the possibility in this case of terminating the Permission for Use Contract without complying with any notice period.
      2. When you register, you declare your agreement that in such a case of the assignment of the contract to a third party, we are entitled to convey the data collected with regard to you for the purpose of continuing the Permission for Use Contract with you.
    11. Note on privacy and data protection
      1. The general information regarding privacy and protection of personal data, which you can read in our Privacy Policy, applies.
    12. Sanctions for violations of the Terms of Use
      1. In the event of violations of these Terms of Use, Burda:ic can:
        • Block or delete contents and information that you have posted or that are assigned to you.
        • Issue a warning.
        • Block your User Account and your HKO Game Account for a time.
        • Issue an extraordinary termination of the Permission for Use Contract with you and, in the course of this, permanently block your User Account and your HKO Game Account.
      2. If your Account has been temporarily or permanently blocked, you are not permitted to register again for our Services. We reserve the right to refuse registrations if there is a founded suspicion due to matching personal data that a user who has already been blocked wants to register again. We furthermore reserve the right to take legal steps against the user in such a case.
    13. Terminating the contract and blocking the Account
      1. You can end the contractual relationship with us at any time, without complying with a notice period and without stating grounds for ending the contractual relationship, by sending an e-mail to the following address: legal-en@hellokittyonline.eu .
      2. Burda:ic is pleased to have each active user, but reserves the right likewise to issue an orderly termination of the Permission for Use Contract without stating the grounds, with a notice period of four weeks. If you still have unused Coins in your e-Wallet at this time, the corresponding amount will be paid back to you. The same applies to the proportional reimbursement of the amounts paid for Premium Services.
      3. Burda:ic reserves the right in particular to terminate the contract with you with due notice according to the preceding Clause 2 if you do not use the Services for a period of time of more than 180 consecutive days. Burda:ic will inform you in advance with sufficient notice via e-mail of the intended termination in order to give you an opportunity to reactivate your Account.
      4. The right to extraordinary termination for important reason without notice, particularly due to considerable or repeated violation of these Terms of Use, is not affected by this for either party.
      5. With the coming into force of a notice of termination, your Account will be permanently blocked. As of that time, you no longer have any possibility of accessing your Account. Restoration of the Account is not possible. For this reason, before giving a notice of termination, please ensure that you have first stored all contents (videos, e-mails, etc.) that you have created or are holding on the Portal in another location if you want to continue to use them. After the notice of termination comes into force, your data will be deleted as far as they are not still required for invoicing purposes or are to be kept for other legal reasons. In the latter case, your data will be blocked until the respective purpose has been fulfilled, after which the data will be deleted.
    14. Applicable law
      1. The Permission for Use Contract, including these GTCB, is subject exclusively to the substantive law of the Federal Republic of Germany with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

Revocation Information

In the following, we provide you with information on your right of revocation in accordance with distance selling laws. This applies to revocation with regard to:

  1. This Permission for Use Contract
  2. The booking of Premium Services on the Portal
  3. The acquisition of Coins in the Top Up area of HKO
  1. Right of revocation:
    1. You can revoke your contractual acceptance within one month, in text form (for example, letter, fax, e-mail), without stating the grounds. The notice period begins after the receipt of this information in text form, but not, however, before the conclusion of the contract and also not before our obligations to provide information have been fulfilled in accordance with Article 312c Par. 2 BGB (German Civil Code) in combination with Article 1 Par. 1, 2 and 4 BGB-InfoV (German Civil Code - Information Act) and our obligations in accordance with Article 312e Par. 1 Clause 1 BGB in combination with Article 3 BGB-InfoV. Dispatching the revocation on time is sufficient for compliance with the revocation time limit. The revocation is to be directed to:

      Burda:ic GmbH
      Arabellastraße 23
      D-81925 München
      Fax: +49 (0) 89 9250 1806
      e-mail: legal-en@hellokittyonline.eu

  2. Revocation consequences:
    1. In the case of an effective revocation, the Services already received on both sides are to be returned and, where applicable, performance received and emoluments taken (such as interest payments) are to be returned. If you can either not return the performance received in full or in part, or can return it only in a deteriorated condition, you must provide us with compensation in equal value where applicable. Obligations to reimbursement of payments must be met within 30 days. This time period begins for you when you dispatch your revocation declaration, and for us with its receipt.
  3. Special remarks
    1. In the case of a service, your right of revocation expires ahead of time if we have commenced the execution of the service with your express consent before the end of the revocation period or if you yourself have arranged for this to be the case. Your right of revocation consequently expires as follows:
      1. With respect to this Permission for Use Contract: with the start of the use of the Portal and/or the HKO Game.
      2. With respect to the booking of Premium Services: when we start to provide such Services.
      3. With respect to acquisition of Coins: when you start to use the particular Coins that you have acquired in the HKO Game.
    End of the revocation information