Terms and conditions
General Terms and Conditions
This game is published by Travian Games GmbH, Wilhelm-Wagenfeld Straße 22, 80807 Munich, hereinafter referred to as “TRAVIAN GAMES”. The services provided within the framework of this game are provided exclusively on the basis of these Terms and Conditions (the “terms”). General information:
The publisher of the game and the website is Travian Games GmbH (Munich District Court, HRB 173511), Wilhelm-Wagenfeld-Str. 22, 80807 Munich, Germany.
Managing Director: Lars Janssen
In the event of any problems with the website or the game, you can reach our customer service at firstname.lastname@example.org. This shall not incur any costs with the exception of those associated with sending the email. Customer service will usually respond to your inquiry within 24 hours. You may only communicate with customer service in the language of the relevant game world of the game.
You can find out about the European Commission’s Online Dispute Resolution (ODR) platform here: http://ec.europa.eu/consumers/odr. At present, we do not use alternative dispute resolution (ADR), including through the ODR platform as a means of settling consumer complaints. If you have a complaint please contact us directly at email@example.com.
1. Scope of application
- We hereby expressly object to the applicability of any terms and conditions of the users of the games (hereinafter “user”). Any terms and conditions of users shall only apply if TRAVIAN GAMES has provided its previous written consent.
- In addition to these terms, the relevant applicable game rules, the relevant applicable rules of the forums applicable, the data protection regulations and the game instructions displayed on the website of the game shall apply.
- These terms are published exclusively on the websites of the game. The user can also download and save them onto their hard disk, store them on a permanent data carrier or print them out. These terms have also been saved by TRAVIAN GAMES.
- The terms apply to all users of the game. Once the user has accepted the game user contract, he accepts such as binding. When registering for the game the user will be asked to accept the terms, which shall apply to any use of the game.
- TRAVIAN GAMES offers the game solely to consumers as defined by § 13 of the German Civil Code [BGB]. Use of the game for profit-making or other commercial purposes is prohibited. Only persons aged 18 years at the time of registration are entitled to participate in the game. Minors are only entitled to participate in the game if the consent of their legal representative has been granted prior to registration for the game. When registering, the user expressly confirms that he has reached the age of 18 and, for minors, that the consent of their legal representative has been obtained. TRAVIAN GAMES may determine that the consent of the legal representative does not suffice.
2. Amendment to the terms by TRAVIAN GAMES
- TRAVIAN GAMES reserves the right to amend or supplement these terms at any time to take effect in the future should this be considered necessary on justifiable grounds (in particular to adapt them to comply with changes to the legal status and legislation or to new technological developments, to close any regulatory loopholes and to expand the scope of services of TRAVIAN GAMES). Should such amendment substantially disrupt the contractual balance between the parties, the amendment shall be omitted.
- The user shall be notified of any amendments to these terms in an appropriate manner. Such notification shall either be carried out on the TRAVIAN GAMES website, whereby a new window will appear when the user logs into the launch page or game platform, by sending an in-game message to the user's own game account or by email to the email address specified by the user. In all cases, the user shall also be informed of the amendment through a highlighted notification the next time he logs into the website or starts the game.
- The user can object to the amendments to the terms in writing within one (1) month after the notification and accessibility of the information, i.e. by sending an email to firstname.lastname@example.org to state the objection.
- Should the user not object to the amended terms within a period of one (1) month after the notification and the accessibility of the information to TRAVIAN GAMES, the amended or supplemented terms shall become binding.
- Should the user object within the period of notice, TRAVIAN GAMES shall be entitled to terminate the contract with no prior notice, resulting in the deletion of the game account(s). The original terms shall continue to be valid up until the time of the termination of the contract. In the notification of the amendments, TRAVIAN GAMES will specifically draw the user’s attention to right to object and terminate the contract, the period of notice and the legal consequences, in particular the consequences of a failure to object.
3. Description of the service
- The service of TRAVIAN GAMES consists in the provision of the game itself. Only users who have made a pledge for the game by buying a package that allows “Early Access” get access to the game before its official launch. The access date is indicated in the description of the respective package.
- The use of the game is only available to users who have accepted a game user contract and who have made a pledge for the game by buying a package that allows “Early Access” whereas the access date is indicated in the description of the respective package. For this purpose, the user will receive a single, non-transferable right to use the functions of the game in its current version. The user is not automatically entitled to a game user contract. Please see § 4 for more details regarding the conclusion of a game user contract.
- The game and its features are continuously updated, amended, extended and modified to ensure the game retains the interest of as many users as possible in the long term. Therefore, the user only obtains a right to use the game and its features in their current version at a given time. The user has no right to request retention of the game and its features in the version current at the time of accepting the contract.
- TRAVIAN GAMES reserves the right to discontinue the operation of the game at any time without having to state the grounds for such. TRAVIAN GAMES will provide appropriate prior notice of the discontinuation of the game operation.
4. Conclusion of the game user contract via registration
- Membership commences upon conclusion of a game user contract by TRAVIAN GAMES.
- By completing the registration form, the user makes a binding offer to enter into a game user contract for an indefinite period.
- The user must register personally. Registration by third parties, in particular third parties who register individual persons with various telemedia providers for commercial purposes (registration services or entry services), is not permitted.
5. Making a pledge for and getting access to the game
- In connection with the development of the game, TRAVIAN GAMES is offering certain premium features, services and even a free copy of the game pursuant to pre-determined packages, in exchange for making a pledge for the game. If a user would like to participate in this crowdfunding campaign, the user may select one or more of the packages available on the website and pay the indicated amount(s). TRAVIAN GAMES agrees to use its good faith business efforts to deliver to the user the package items and access to the game before its official launch on or before the listed estimated delivery in the package the user selects (the “Estimated Delivery Date”). However, the user acknowledges and agrees that unforeseen events may extend the development and/or production time of such Estimated Delivery Date and that such Estimated Delivery Date is an estimate and is not a promise by TRAVIAN GAMES; likewise, these events may lead to the result that some package items change or are removed. For the avoidance of doubt, in consideration of TRAVIAN GAMES’s good faith efforts to produce, and deliver the game, the user agrees that any amounts shall be non-refundable regardless of whether or not TRAVIAN GAMES is able to deliver the game and whether or not the package items are changed or removed. In the unlikely event that TRAVIAN GAMES is not able to deliver the game, TRAVIAN GAMES agrees to post a cost accounting on its website to fully explain the use of all amounts and the allocation of such amounts among the various components making up the costs of the game. In consideration of the promises by TRAVIAN GAMES hereunder, the user agrees to irrevocably waive any claim for refund of any amount that has been used for the costs of the game in accordance with the above.
- The user has the option make a pledge for the game via the ”Early Access” button, where a range of packages are available to purchase at varying costs with only those marked with “Early Access” allowing to get access to the game before its official launch. All offers presented there are non-binding and only represent an invitation to place an order. Once the user has clicked to select a package, he can change the quantity of the package or remove a package on the next website. Here the user has the opportunity to identify and correct any input errors by changing the package for instance. The key contract information is also summarized again at a further stage. The user can cancel this order process at any time without consequences by closing the window and restarting the process. A binding offer for the purchase of the package selected is given to the user once he clicks the “Buy” button. Another page also opens when the user clicks the “Buy” button where the user must choose a payment option and enter all the information required to transact the payment. The software client can be downloaded immediately after the payment is verified.
- TRAVIAN GAMES is permitted to request advance payment for the purchase of a package.
- The amount of money and the conditions of the respective packages are displayed in the appropriate list.
- TRAVIAN GAMES does not store the contract text for orders. However, users shall receive email confirmation of their order, which contains the text of the contract. The language available for the text of the contract is the respective language of the location of the user as indicated by the IP address.
- The value of a package varies according to the tariff chosen and can be modified at any time. The prices stated on the website at the time of the order shall apply. All prices are given including the value added tax (insofar as value added tax is levied). Dispatch costs are not incurred. The current technical and other requirements are listed on the game's website.
- Should TRAVIAN GAMES incur any chargeback costs or cancelations arising from the user’s conduct, TRAVIAN GAMES shall suspend any services and block the user’s involved game account(s) with immediate effect. The user’s obligation to pay any outstanding fees shall remain unaffected. The user may unlock his account(s) upon payment of the fees due, plus a processing fee. The user shall also bear any costs for the repayment of the fees due and chargeback costs. The chargeback costs shall be in a sum equivalent to €5. The user may provide evidence that no damages or costs were incurred or that such were substantially lower. Game accounts cannot be unlocked in the following countries: Egypt, Algeria, Bahrain, Iraq, Yemen, Jordan, Qatar, Kuwait, Lebanon, Autonomous Palestinian Territories, Saudi Arabia, United Arab Emirates.
6. Right of withdrawalRight of withdrawal
You have the right to withdraw from the game user contract and the contract for making a pledge for the game within fourteen days without giving a reason.
The withdrawal period will expire after 14 days from the day of contract conclusion.
To exercise your right of withdrawal, you must inform us (Travian Games GmbH, Wilhelm-Wagenfeld-Straße 22, 80807 Munich, Germany, Tel +49 (0)89 324915-0, Fax +49 (0)89 324915-970, email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
End of the notice of the right of withdrawal
Revocation form template
(In the event you wish to withdraw from this contract, please complete this form and send it back to us.)
- To: Travian Games GmbH, Wilhelm-Wagenfeld-Straße 22, 80807 Munich, Germany, Tel +49 (0)89 324915-0, Fax +49 (0)89 324915-970, firstname.lastname@example.org:
I/we () hereby give notice that I/we withdraw from my/our contract of sale of the following goods / for the provision of the following service ()- Ordered on ()/received on ()- Name of the consumer(s)- Address of the consumer(s)- Signature of the consumer(s) (only if this form is notified on paper)- Date
(*) Delete as appropriate.
When sending a notice of revocation via email, the user is advised to state the username and the game account in the subject line of the email.
7. Offsetting, rights of retentionThe user may only offset counterclaims against receivables due from TRAVIAN GAMES if such are undisputed or legally established. The user may only exercise a right of retention if his counterclaim relates to the same contract. The user may not assign any claims against TRAVIAN GAMES to third parties.
8. Obligations of the user
- Accounts may not be sold, traded, gifted or otherwise transferred at any time under any circumstances unless explicitly authorized by TRAVIAN GAMES. A user may not share its account(s). A user may not disclose its password to anyone else.
- The user undertakes to comply with the laws and regulations applicable to him when using all the games and websites operated by TRAVIAN GAMES. He undertakes to comply with the game rules applicable. Furthermore, he undertakes to refrain from the following actions:
- Dissemination of statements with abusive, harassing or violent content or with content glorifying violence or with inflammatory, sexist, obscene, pornographic, racist, morally reprehensible content or with other offensive or prohibited content (which includes all names within the game e.g. username, name of the avatar, name of the village, town, alliance, guild, tribe, clan, vehicle, island, association, etc.).
- The insulting, harassment, threatening, frightening behavior against, or defamation and embarrassment of other users.
- Dissemination of statements with advertising, religious or political content (which includes all names within the game e.g. username, name of the avatar, name of the village, town, alliance, guild, tribe, clan, vehicle, island, association, etc.).
- The spying, disclosure or dissemination of personal or confidential information of other users, employees of TRAVIAN GAMES or any other disregard of the private sphere of other users or employees of TRAVIAN GAMES.
- Dissemination of untruthful allegations about the race, religion, sex, sexual orientation, origin, social status of other users or employees of TRAVIAN GAMES (which includes all names within the game e.g. username, name of the avatar, name of the village, town, alliance, guild, tribe, clan, vehicle, island, association, etc.).
- The spying out, disclosure or dissemination of confidential information of TRAVIAN GAMES.
- Dissemination of untruthful allegations about TRAVIAN GAMES (which includes all names within the game e.g. username, name of the avatar, name of the village, town, alliance, guild, tribe, clan, vehicle, island, association, etc.).
- Pretending to be an employee of TRAVIAN GAMES or an affiliated company or partner of TRAVIAN GAMES.
- Use of legally protected pictures, photos, graphics, videos, music tracks, sounds, text, brand names, titles, names, software or other content without the consent of the holder(s) of the rights or having permission to do so by law or legal provision.
- Use of prohibited or illegal content.
- Use of errors in the programming (bugs).
- Actions leading to an overload of the servers and/or can considerably adversely affect the game play for other users.
- Hacking or cracking and the encouragement or incitement to carry out hacking or cracking.
- Dissemination of pirated software and the encouragement or incitement to disseminate pirated software.
- Uploading of files containing viruses, Trojan horses, worms or destroyed data.
- Use or dissemination of “auto” software programs, “macro” software pro-grams or other “cheat utility” software programs.
- Modification of the game, the websites of the game or parts thereof.
- Use of software that enables what is referred to as “data mining” or in any other manner intercepting or gathering information related to the game.
- Disruption of transmissions from and to the game servers and the website servers of the game.
- The user undertakes to comply with the rules of the game.
- TRAVIAN GAMES only provides a platform for communication between players; the user is responsible for the content of such communication. The platform is solely provided for communication regarding the game. The flooding of the communication platform with messages, chain letters, snowball systems or any other form of spamming is strictly forbidden.
- Any additional use via additional programs, scripts or other supporting tools is expressly prohibited.
- Violation of any of the rules and obligations set out in (1) to (5) may be punished with the withdrawal of the game progress and/or an immediate temporary block of all game accounts, depending on the nature of the violation. Should a violation be detected, one of the appropriately trained TRAVIAN GAMES employees shall decide in good faith on the consequences of such violation in each individual case. The user accepts that the decision of the employee is final. In addition, the user accepts that TRAVIAN GAMES cannot disclose the mechanisms used for detecting violations, as such mechanisms could be easily circumvented.
- Violation of any of the rules and obligations set out in (1) to (5) may, after a prior warning notice, lead to an immediate block or deletion of all game accounts or a termination with immediate effect of the game user contract on justifiable grounds. In the event of serious violations, a warning is not necessary. A violation is considered serious particularly if, when considering all the facts and circumstances of the individual case and taking the interests of both TRAVIAN GAMES and the user into account, TRAVIAN GAMES cannot be reasonably expected to anticipate further violations.
- TRAVIAN GAMES reserves the right to prohibit the user to register for the game again in future following a permanent block or deletion of all game accounts or an extraordinary termination of the game user contract.
- The user must ensure that the access password he received remains secret and, for security reasons, change his password regularly. Should a third party access any of the user’s game accounts after acquiring the access data because the user failed to adequately secure such data from access by other users, the user shall be treated as if he himself had acted. The user is entitled to provide evidence that he has not acted, and that he has adequately secured the game account(s) from access by other users.
- Unless otherwise specified in these terms or in any other agreement with the user, TRAVIAN GAMES shall normally communicate with the user by email. The user shall ensure that he receives emails sent by TRAVIAN GAMES to the email address supplied by the user at the time of registration or at a later date. This shall be ensured by appropriate settings of the spam filter and by checking the relevant email address regularly. In other respects TRAVIAN GAMES reserves the right to select the form of correspondence for any other written communication.
- When the user contacts TRAVIAN GAMES, the user is advised to state his player's name and the game account(s) to which his inquiry refers.
9. Game defects
- TRAVIAN GAMES provides use of the game and the websites of the game to the user in the version existing at the respective point in time. Without prejudice to any claims in the event of defects in the game or in the websites of the game, the user is not entitled to request that a certain state and/or functional scope of the game be retained or established.
- As a contribution to the correct operation of the game, the user is advised to always appropriately document any defects that occur in the game or in any other deliveries or services of TRAVIAN GAMES and, in particular, to report them, documenting any error messages that occur.
- For the user's own protection, and in particular for reasons of securing evidence, the user is recommended to direct any notices of defects in writing to TRAVIAN GAMES.
- TRAVIAN GAMES shall not assume any guarantees in the legal sense, unless expressly otherwise agreed in writing.
10. Liability of TRAVIAN GAMES
- TRAVIAN GAMES shall have unlimited liability in the event of intent and gross negligence. In addition, TRAVIAN GAMES is further liable for the negligent breach of essential contractual obligations. Essential contractual obligations are defined as such obligations that enable the proper implementation of the contract possible in the first place, the breach of which jeopardizes the fulfillment of the object of the contract and the fulfillment of which the user may rely on. In the latter case, however, TRAVIAN GAMES is not liable for damage which is not typical and could not be foreseen. The limitation period for claims stipulated in sentences 2-4 is two years. TRAVIAN GAMES is not liable for any simply negligent breach of other obligations.
- The foreseeable damage is restricted in terms of amount to €100 per game account.
- The limitations and exclusions of liability above shall not apply for the concealment of a defect in bad faith, in the event of death, physical injury and impairment of health or in the event that TRAVIAN GAMES accepts a guarantee. The liability of TRAVIAN GAMES based on the Product Liability Act remains unaffected.
- In other respects, any liability for the recovery of the user's data is restricted in terms of amount to the costs required to recover data which would have been lost even if reasonable data back-up measures had been carried out on a regular basis or which can be recovered from machine-readable data material at a reasonable expense even if no reasonable data back-up measures were carried out in any other manner on a regular basis.
- The limitations and exclusions of liability above shall also apply with regard to the liability of the legal representatives, vicarious agents and employees of TRAVIAN GAMES.
- Any amendment to the burden of proof to the disadvantage of the user is not bound by the abovementioned regulations.
11. Contract duration, termination
- The contracts between the user and TRAVIAN GAMES relating to the use of the basic version of the game worlds are for an indefinite period unless otherwise determined in the specific offer of TRAVIAN GAMES.
- The game user contract may be terminated at any time with immediate effect by both parties without having to state the grounds for such, unless a fixed-term notice period has been expressly agreed.
- The right of the parties to a termination with notice of the game user contract on justifiable grounds remains unaffected by the provisions above. Extraordinary termination with no prior notice on justifiable grounds is only permitted when such grounds are stated.
- Without prejudice to § 8 (8), in particular TRAVIAN GAMES is entitled to give notice of cancellation of the game user contract on justifiable grounds if:
- the user has not used his game account for a period described in detail in the game rules following notification of such from TRAVIAN GAMES;
- the user engages in real-money transactions outside of a program set up by TRAVIAN GAMES.
- For technical reasons, a period of several days will elapse before the permanent deletion of the user's data and the game account(s).
- The termination of a game user contract and/or game account must be made in writing. Fax or email is also considered a valid written form.
12. Data protection, advertising
- TRAVIAN GAMES shall handle all personal data which the user submits during the contractual relations strictly confidentially and in compliance with all relevant data protection regulations.
- For technical reasons, participation in the game and the game-related services is not possible without saving user data. The user agrees to the electronic saving and processing of his data by applying to open a game account or by using game-related services.
- Should a user request the deletion of his data in its entirety, this shall automatically result in the deletion of all the game accounts he has created in the games operated by TRAVIAN GAMES and the cancellation of the game user contract.
13. Final provisions
- These terms and all contracts accepted on the basis of these terms shall be subject to the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of legal provisions of German private international law are excluded.
- If the user has his place of residence or habitual place of abode outside the Federal Republic of Germany, the registered office of TRAVIAN GAMES shall be the place of jurisdiction. This also applies if the user's place of residence or habitual place of abode is unknown at the time such legal action is instigated.
- Should provisions of these terms be invalid, this shall not affect the validity of the remaining provisions.
Travian Games GmbH
Wilhelm-Wagenfeld-Straße 2280807 Munich
Munich District Court, HRB 173511
VAT No. DE 246258085
Managing Director: Lars Janssen
Version: 7 November 2016