I. Scope
1. Burda:ic GmbH, Arabellastraße 23, 81925 München, Germany (called "Burda:ic" in the following) offers Internet users based in (geographical) Europe, Russia and Turkey the use of the "Sanriotown" portal (called the "Portal" in the following) operated under the Internet address www.sanriotown.com for the use of particular contents and services (called "Services" as a whole in the following).
2. The following General Terms of Business (called the "GTB" in the following), in the version valid at the time, shall apply for all the Services and all other products including further developments and improvements.
II. Use free of charge, no membership, approved users, downloads
1. You may use all the functions of the Services which are not explicitly marked as Premium Services free of charge. You do not enter into any membership by using the Services or by registering at the Portal. You have no obligation to make regular payments. You may delete your registration at any time and end your usage without being bound by any period of notice.
2. Internet users from regions other than (geographical) Europe, Russia and Turkey may not use the Portal due to the legislation on licensing. Burda:ic reserves the right to check the residency of users by automatically analysing their IP addresses.
3. Please note: Depending on the Internet access used by you, you may incur transmission costs by downloading Sanriotown software (e.g. with a data volume tariff). You can obtain information about the relevant data volumes from the Download Manager. Burda:ic is not liable for costs incurred if you decide to download software.
III. Registration
1. Registration is required before the Services can be used. Anyone who is 18 years old and contractually capable is entitled to register, without restriction. If you are younger than 18, you may only register if your parents or guardians have given permission.
2. Access to use the Services is provided by registration via the Portal and the associated creation of a personal user account (called the "Account" in the following). You undertake to provide, completely and correctly, the data requested of you during registration where the data is marked as such. If you provide dishonest information (e.g. country of residence), Burda:ic is entitled to delete your Account. You have no right to any particular user name or password. You may change your password after you have registered. Please make sure that you keep this information up to date if it changes at all.
3. By registering, you agree that the content freely provided by you in the interactive services of the Portal can be made available to other users of the Portal.
4. If there is an important reason, Burda:ic is entitled to reject your registration by e-mail or to revoke your registration if it has already taken place. If this happens, you will be notified of the important reason by e-mail, which we will send to the last e-mail address that you sent to us.
5. Your Account may not be transferred to other people. Burda:ic is entitled to delete your Account and thus your personal data if you do not use the Services for a period of more than 180 consecutive days.
IV. Data protection, data deletion and data analysis
1. We only process the data entered by you to provide the Services. You can access more detailed information about the processing of your data under "Data protection". If you do not wish your data to be saved any longer, you can change any information about you personally at any time or delete it from the publicly accessed area of the Portal in accordance with the data protection guidelines.
2. Burda:ic is entitled to incorporate advertising into individual Services. If individual Services are supported by commercial sponsors, we will point this out to you specifically. You agree that Burda:ic may determine the suitability and relevance of individual advertisements to be presented to you on the basis of an automatic, anonymous analysis of your personal data and your user data.
V. Changes in Services, restrictions, fees
1. In order to keep the Portal and the Services at a high technical level at all times, the Portal may be taken out of service to carry out updates (e.g. once a week for about three hours, generally early on weekday mornings). In addition, it may be necessary to carry out unplanned maintenance work, which will be announced in good time – as far as possible – on the Portal website. These maintenance and updating works may temporarily restrict or interrupt the ability to use the Services and/or access to the Services.
2. You have no right to demand that certain Services are provided. Burda:ic reserves the right to update, change or end individual Services. In particular, Burda:ic is entitled to terminate individual language versions (e.g. Spanish or Turkish) of Services or of the Portal.
3. Fees. Burda:ic reserves the right, taking into consideration the justified interests of Burda:ic and taking into account your justified expectations, to change or vary the free Services at any time, or to stop providing free Services. Burda:ic will inform you on the Portal or by e-mail if a fee is to be charged for a Service in the future. You can then decide whether you would like to carry on using the Service. If you continue to use the Service after at least a month has passed since notification, this is regarded as being an acceptance of the fee change of which you were informed. The same applies if any fees are increased by Burda:ic. If Burda:ic cancels your Account because you have violated the General Terms of Business, you do not have any claim to the reimbursement of any fees that you may have paid for Services which you cannot use because of the cancellation.
VI. Banned content, responsibility for content, links
1. Burda:ic offers you, amongst other things, Services which will allow you to publish your own content, especially in the form of texts, photos and graphics (called "User Contents" in the following) via the Portal. You bear sole responsibility for the User Contents.
2. Select the information that you publish on Sanriotown.com and make available to other users carefully. Your Sanriotown.com profile may not contain the following: telephone numbers, addresses, surnames and photos containing naked people or obscene, insinuating, excessively violent, pestering, sexually explicit or otherwise offensive material. Sanriotown.com accepts no responsibility or liability. If you determine that there has been any abuse of the Sanriotown Services, please contact Burda:ic immediately via the "Contact us" link at the foot of the Portal.
3. You undertake not to violate any applicable laws when using the Services. You will ensure that the User Contents disseminated by you do not violate any rights of third parties (e.g. copyrights, patents, trade marks or other property rights, the right to one's own picture and other personality rights), that you comply with the valid criminal laws and youth protection regulations and in particular do not disseminate any racist, pornographic, obscene or offensive content or content that is unsuitable for minors. You also undertake to observe the privacy of third parties, not to send out any unsolicited mass mailings or any unsolicited advertising and to avoid doing anything which could endanger the performance and availability of the Services. If you fail to comply with this principle, you may be barred from using the Services.
4. Burda:ic simply provides the technical platform for the publication of User Contents. We are not responsible for external information to which we merely provide access or which we forward without change. This also applies for the unchanged interim storage of external information. We would like to point out that we only check User Contents if we have been informed that they are illegal. We call up on you expressly to tell us of any illegal content using the "Notify as inappropriate Button" that you will find on relevant sites of the Portal or to e-mail a complaint to us at beschwerde-de@sanriotown.de.
5. Unless the permission of Burda:ic has been expressly provided in writing and shown in the Portal, the addition of references (called "Links" in the following) to external web sites and information sources, or links and other connections (e.g. buttons) to the Portal or Services is essentially not permitted. The term Links is also taken to cover non-activated web addresses (URLs) and parts of these. The illegal and/or unauthorised use of the Services, including collection, in electronic or other form, of user names and/or e-mail addresses of members for sending unwanted e-mails and the unauthorised framing or linking of the Portal is not permitted. Commercial advertising, continuation links and other prompts may be removed from the member profile without prior notice and may lead to the blocking of the Account. Appropriate legal steps will be undertaken against the illegal or unauthorised use of the Services.
6. Burda:ic is entitled to forward User Contents to third parties and/or to delete them if this is necessary under statutory provisions or following instructions from a judge or an authority (e.g. Department of Public Prosecution). This also applies for the publishing of user data. Furthermore, Burda:ic is entitled to delete User Contents immediately if these do not fulfil the above requirements.
VII. Technical limitations
1. You are aware that the Services offered by Burda:ic may be subject to technical limitations. This applies in particular for the maximum storage capacity or maximum size of files, or the maximum number of messages and publications.
2. If the technical limitations are exceeded, Burda:ic may delete data and/or refuse to store further data. This applies in particular in the event that you do not use the Services offered by Burda:ic for a period of more than 180 days.
VIII. Disposal limitations
You undertake not to offer in return for payment your Account, or the access data to your Account, to third parties outside the game, to hand them over or assign them to third parties and in particular not to offer them for sale via auction platforms (e.g. "EBay") in return for payment. Any violation of the above ban on selling will lead to the immediate blocking of your Account.
IX. Software, copyright
1. The Portal contains content belonging to Burda:ic ("Burda:ic Content"). Burda:ic Content is protected by copyright law, trade mark law, patent law, business secrecy laws and other laws. Furthermore, Burda:ic holds all the rights to Burda:ic Content and the Services. Burda:ic herewith grants you a limited, revocable licence, which is not intended for onward licensing, to reproduce and display the Burda:ic Content (excluding software codes) solely for personal purposes in connection with the use of the Sanriotown website and Sanriotown Services.
2. Burda:ic does not claim any rights to the texts, images, photographs, videos, musical works or other materials (collectively called "Content") provided and published by you. After your Contents have been provided or published via the Portal, you retain all rights to these Contents and you may continue to dispose of your Contents as you wish.
3. By providing or publishing Contents via the Portal, you grant Burda:ic a limited licence to use, modify, publicly offer, publicly display, reproduce and disseminate these Contents on or via the Portal. The licence that you grant to Burda:ic is non-exclusive and free of charge, may be sublicensed and is considered, because of the nature of the Internet, to be an international medium worldwide. This licence becomes invalid when you delete your Contents from the Portal. Through the licence, Burda:ic is not granted the right to sell your Content or to disseminate it outside the Services.
4. You declare and guarantee that: (i) publication of the Content via the Portal does not violate any general terms of business, copyright, data protection, patent utilisation or other rights of any other persons and that (ii) you own the Contents published via the Portal or that you are authorised in some other way to grant the licence defined above. You agree to pay all fees and make all other payments that you owe to any person for publication of the Content via the Portal.
5. The Services include the Content of users and other Burda:ic licensors. With the exception of the Contents published by you, you are not allowed to copy, modify, translate, publish, transfer, distribute, offer, display or sell Contents which are made available in the Portal.
X. User's obligations, release from obligation
1. When you register as a user, you undertake to use the Services solely for your own personal use. You are not allowed to use the Portal or Services indirectly or directly for commercial purposes, e.g. by publishing and disseminating advertising measures, or using graphics or music for commercial purposes.
2. You undertake not to reveal your password to third parties, even if asked. Neither employees of Burda:ic nor volunteers are entitled to ask you for your password. Any actions that any unauthorised third party undertakes using your access data shall be at your expense. This does not apply if the unauthorised third party has gained knowledge of your access data due to the culpable behaviour of Burda:ic.
3. Burda:ic is entitled to take all necessary protective measures in the event of the misuse of passwords. This also includes the (temporary) blocking of the Services.
4. You hold Burda:ic free from all claims made by other users or other third parties against Burda:ic because of the violation of their rights by Contents provided by you or any other illegal use of the Portal and Contents provided there. In such a case, you will take over the costs of the necessary legal defence of Burda:ic including all court and lawyers' costs in the statutory amount. This does not apply if you were not to blame for the violation of the law. You are also obliged, if claims are asserted on/action is taken against Burda:ic by third parties, to provide Burda:ic immediately, truthfully and completely with all information which is necessary to examine the claims and for the defence.
XI. Liability of Burda:ic
1. Burda:ic is only liable in the event of intent and gross negligence. In the event of a violation of essential contractual obligations or late payment, or if Burda:ic is unable to provide the Services through its own fault, however, Burda:ic bears liability for any culpable behaviour of its employees and agents.
2. Except in cases of intent or gross negligence on the part of legal representatives, senior employees/officers or other agents of Burda:ic, the level of liability is limited to the damage that could typically have been predicted at the time of the conclusion of the Contract.
3. There shall only be liability for the reimbursement of indirect damage in the event of intent or gross negligence on the part of legal representatives, senior employees/officers or other agents of Burda:ic.
4. The above liability exclusions and limitations shall not apply if express guarantees are taken over by Burda:ic or for damage caused from death, physical injury or damage to health or in the case of compulsory statutory regulations.
5. Burda:ic takes no responsibility for the correctness, completeness or reliability of external contents.
6. You are aware that the software provided and used by Burda:ic is not and cannot be free from faults. Burda:ic is not responsible for the fact that, within the course of the game, software faults of this type may have an adverse effect on the course of the game.
7. This shall not affect any liability under the Product Liability Act in any case.
8. We from Burda:ic provide our Support Service free of charge. We therefore only accept liability for defective support services in the case of intentional or grossly negligent mis-information on the part of our own employees.
9. Burda:ic generally prepares backup copies of all data every 24 hours. In the event of any data loss, Burda:ic is liable in accordance with the above principles, but limited to damage caused by the loss of data which was saved at least 24 hours before the corresponding data loss.
XII. Transfer of rights by Burda:ic
Burda:ic is entitled to transfer the rights and obligations arising from this Contract to a third party. If a transfer of this type is made, you can terminate the use of the Services provided by Burda:ic without notice.
XIII. Applicable law, amendments to these GTB, safeguarding clause
1. Burda:ic reserves the right to change these GTB at any time and without giving reasons. The amended terms will be sent to you by e-mail at least two weeks before they come into force. If you do not object to the application of the new GTB within two weeks after receipt of the e-mail, the amended GTB will be regarded as having been accepted. Burda:ic will point out the importance of this two-week deadline in the e-mail containing the amended terms of business.
2. If you do not agree to the changes in the GTB for an objective reason, you have the right to stop using the Portal at any time.
3. If any provision of these GTB is invalid, this shall not affect the other provisions. The invalid provision shall be deemed to have been replaced by another that comes commercially as close as possible to the sense and purpose of the ineffective provision in a legal manner. The same applies for any omissions.
4. All legal relationships arising from the use of the Services shall be governed by the law of the Federal Republic of Germany.
XIV. Right of revocation
1. As our customer, you may revoke this Contract in writing or via the Portal support area without giving reasons within 2 weeks of conclusion of the Contract. You can carry out this revocation by post to Burda:ic GmbH, Sanriotown Kundenbetreuung, Arabellastr. 23, 81925 München. Sending the revocation off on time is sufficient to comply with the termination deadline. Burda:ic will not accept any revocation that is not clearly from the holder of the Account (or his/her parent or guardian).
2. There is no right of revocation according to Fig. 1 if you wish to cancel a Service which has already been carried out (partly) by Burda:ic at your instigation (Section 312d Para. 3 No. 2, German Civil Code (BGB)), or if the subject-matter of the Contract is not suitable for return because of its nature (Section 312d Para. 4 No. 1, German Civil Code (BGB)), e.g. downloaded software.
Version: 11 April 2008
|