General Terms and Conditions of Lionmoon UG (limited liability)

Lionmoon UG (limited liability), Hermann-Hesse-Platz 7, 76669 Bad Schoenborn, Germany ("Lionmoon") offers the user ("user" or "users") on the websites of Lionmoon ("website" or "websites") its online games ("game" or "games"), as well as the related additional services ("additional service" or "additional services"). Such additional services include, for example, services to enable communication with other users (discussion forums, chats, blogs, etc.), to upload media, such as photographs and texts, to acquire virtual currency, and other services.

§ 1. Scope of Application

1.1. The following General Terms and Conditions ("T&C") shall apply to the use of games and additional services provided by Lionmoon on its websites.

1.2. Lionmoon offers its games and services on the basis of these T&C only. The user acknowledges the T&C by checking the box "I accept T&C" and by clicking on the registration button. These T&C are valid for any use of games and additional services.

1.3. To the applicability of any terms and conditions of the user is herewith expressively objected. Any terms and conditions of the user shall only apply if Lionmoon has expressively accepted them in writing.

1.4. In addition to these T&C, the applicable rules for each individual game, terms of use for additional services, as well as privacy policy shall apply. In case of a contradiction between these T&C and the rules of each individual game/terms of use for additional services, the provisions of these T&C shall prevail.

1.5. At some games and additional services, the user has the opportunity to use services of contractors of Lionmoon. In this case, a separate contract between the user and the respective contractor of Lionmoon will be concluded. The user is informed hereupon in a suitable manner prior to conclusion of the contract.

§ 2. Service Description and Scope of Services

2.1. Lionmoon provides games, websites of games and other services within the framework of its technical and operational capabilities.

2.2. Games and additional services are intended for the purposes of entertainment only. Any use for commmercial purposes is not allowed.

2.3. Lionmoon offers the user its games in their basic version free of charge. A basic version means a game version that is completely playable, but does not contain all the features ("basic version"). However, certain features are only available to paying users (see provisions of § 4 about Premium Services). The use of additional services is for free if not otherwise stipulated in the description of the respective service offerings. Beyond that, the provisions about premium services stipulated in § 4 (Premium Services) shall apply.

2.4. The use of games and additional services is only allowed via an Internet browser or special tools provided or explicitly permitted by Lionmoon. It is the responsibility of the user to take care of the software and its installation which is necessary for using games and additional services. Lionmoon neither offers such software nor does it provide any technical support for its installation. Also, it is the responsibility of the user to bear the costs for this software, its installation, as well as of the Internet connection thus occurred. It is up to the user to maintain their PC or any other end-device in the condition which enables using games and additional services. The usage can be limited if games are played on any other system capable of Internet connection, such as mobile phones.

2.5. Games and additional services are continuously modified and updated. The user is only granted the right to use the current version of the respective game and/or additional service. The user does not have any right to request the maintenance of games and/or additional services as they were at the time of concluding the contract. Lionmoon is entitled to stop operating, to modify or to limit access to the games, additional services or the parts thereof at any time and without justification.

§ 3. Registration and Conclusion of Contract

3.1. User registration is the prerequisite for the use of games and additional services.

3.2. Lionmoon offers games and additional services solely to consumers as defined by section 13 of the German Civil Code (BGB). Furthermore, only natural persons are permitted to register and only individual persons are accepted as users. Legal bodies or groups of persons are excluded from the registration process.

3.3. The use of games and additional services is only open to individuals who have reached the age of 18 at the time of the registration, or to those who act upon a consent of their legal representative. Insofar as the user is a minor, they warrant that with sending the registration request, an effective consent of the legal representatives is available. Lionmoon is entitled at any time to request a written proof of the user's legal age or a declaration of consent of the legal representative.

3.4. The registration is carried out personally. Registration through third parties, especially a third party that registers individual people at several teleservice providers (registration services or entry services) for commercial purposes, is not permitted.

3.5. The registration is carried out by means of filling out a registration form and entry of different types of information. When registering, the user has to provide an e-mail address registered on their behalf, a password and, depending on each particular game, a player name. The user is not entitled to receive a particular player name. The player name may not infringe rights of third parties and may also not offend against public decency. In the case of any infringement, Lionmoon shall have the right to alter or delete the chosen player name, without the requirement of the user's approval.

3.6. The user warrants that all the information provided at registration is true and complete. The user shall submit to Lionmoon any changes with respect to the user data without undue delay.

3.7. In addition, the user must accept these T&C by clicking on a checkbox within the course of the registration. T&C can be printed out or stored on a permanent storage medium before the registration form is submitted by the user.

3.8. By completing the registration process, the user submits a legally binding offer to conclude a user contract. After receiving an access confirmation that is sent out by e-mail to the user, or after the account has been activated in any other way by Lionmoon, a user contract for an indefinite term between Lionmoon and the user is being established. In some cases, the registration process may deviate from this procedure, in which case the user will be advised hereupon in the suitable manner. After permitting the user's access by Lionmoon, or by any other means of allowing the user to enter a game, the user will be able to use the basic version of the respective game.

3.9. Upon successful registration, a user account ("account") is created for the user, which they can administer independently.

3.10. A right to claim registration or activation does not exist.

3.11. Every contract refers to a particular game world (game server/game round, etc.) of the respective game with a particular account in that game.

3.12. Per each game world (game server/game round, etc.) the user is only allowed to register once. If a user has already registered in a game world (game server/game round, etc.), they are not allowed to register again for the same game world (game server/game round, etc.) for the duration of the current registration, for example, by entering personal data different from that they already registered with.

§ 4. Premium Services and Payment Terms

§ 4.1. Premium Services

4.1.1. Lionmoon grants the user the possibility of using some additional services against payment of a fee ("premium service" or "premium services"). Premium services include especially, but not exclusively, virtual items, virtual currency and additional functions. Premium services are not available within the basic version.

4.1.2. The contract for purchasing premium services is concluded if the user, after selecting the premium service, clicks on the button "Purchase" or similar and Lionmoon accepts the offer by sending an order confirmation via an in-game notification or e-mail or by making the premium service available.

4.1.3. Where a minor wishes to buy premium services, they assure that they received the means of payment necessary for premium services from their legal guardian for this purpose or for unrestricted use.

4.1.4. For premium services, the respective service descriptions in addition to these T&C shall apply. The user is informed separately about the kinds of premium services that can be purchased, especially about the function of each premium service, the duration of its availability if applicable, the respective purchase price, and the available payment method for each respective game.

4.1.5. Lionmoon reserves the right to modify the types, scope and contents of premium services. In particular, Lionmoon reserves the right to offer new premium services or modify or discontinue individual premium services at any time.

4.1.6. The content, functions and pre-requisites of the premium services at the time of the order as presented on the websites of Lionmoon, as well as according to the relevant shopping carts shall apply. Any other information which may be displayed on the websites as a result of loading from internal caches is not valid.

4.1.7. Depending on each game, some premium services are paid for by one-time payments, while others may be subject to e.g. daily, weekly, monthly, quarterly or annual payments. The user shall be informed about the respective payment modality before starting the payment procedure.

4.1.8. Valid prices are those applicable at the time of the order, as displayed on the websites and on Lionmoon price lists, as well as according to the relevant shopping carts. Any other prices which may be displayed on the websites as a result of loading from internal caches are not valid.

4.1.9. As far as currencies in games are simulated, these refer to premium services and to not real money. Changes in each game may result in a change in the use of these currencies. An exchange of premium services (currencies, etc.) for real money is not possible.

4.1.10. Lionmoon may from time to time, at its own discretion and on a voluntary basis, provide users with certain premium services, for example, a virtual currency, free of charge. This may be granted, for example, as a reward for achieving certain goals while playing a game, or as a part of a promotion. Free of charge premium services will be credited to the account and will take priority over purchased premium services when it comes to the actual use of premium services. Purchased premium services will only be used after all free of charge premium services have been used.

4.1.11. Should it be possible to access games through downloading software for mobile phones, the rules for premium services will also apply for payment of these accrued costs.

4.1.12. Premium services do not represent objects within the meaning of section 90 of the German Civil Code (BGB). Thus, Lionmoon shall not assign any ownership hereto to the user, but merely a right of use. The scope of the granted right of use depends on the respective premium service, thereby its duration is limited to the duration of the contract.

§ 4.2. Payment Terms

4.2.1. Lionmoon is authorized to ask for advance payment for the use of premium services. Such payment will be due with the conclusion of the contract, i.e. after sending out a confirmation about the purchase of premium services.

4.2.2. The user can make the payment by means of any acceptable payment method. The respectively acceptable payment methods are displayed on the Lionmoon's websites within the order process. The payment collection is processed by the respective authorized service provider ("payment provider"). If the user makes use of a third party's services, separate contracts will additionally be concluded between the user and the respective third party. In individual cases, general terms and conditions of the authorized payment providers may apply additionally to these T&C. Lionmoon has no direct influence on their contents and as a rule no knowledge thereof either.

4.2.3. The user assures that all information provided in the context of a payment transaction (especially bank account data, credit card number, etc.) is complete and correct.

4.2.4. The payment options vary according to each individual game, participant country and the availability of technically feasible payment options on the market. Lionmoon may delete singular payment options from the list of accepted payment methods, or add new payment methods without previous notice.

4.2.5. Lionmoon reserves the right to change the fees for premium services at any time at its own discretion. This includes the right to increase or decrease fees for singular premium services for future transactions.

4.2.6. In case of default, notwithstanding the existing duty of the user to pay, Lionmoon is authorized to charge interest set at legal rate. Lionmoon is also entitled to discontinue services to the user and suspend their account(s) with immediate effect.

4.2.7. Should Lionmoon incur any charge backs or cancellation fees in the case of cancelled transactions as a result of the user default or other circumstances which the user is responsible for (it also includes an insufficient cover of the user's bank account), the user shall bear the resultant costs (e.g. fees of payment providers), as well as a service fee of 10,00 EUR. Lionmoon is entitled to request these costs and the accrued fees by means of the repeated withdrawal from the account of the user. The user is entitled to prove that no damage occurred or that a substantially lower level of damage occurred than the user has been charged with.

4.2.8. The user may only set off a claim by Lionmoon for outstanding accounts if their counterclaims are undisputed or legally effective. The user may only exercise a right of retention if their counterclaim is derived from the same contractual relationship. The assignment of the user's claims against Lionmoon to a third party is excluded.

§ 5. Revocation Instructions

Right of Revocation

You have the right to revoke this contract within fourteen days without stating any grounds. The revocation period is fourteen days from the day on which the contract is concluded.

To exercise your right of revocation, you must inform us by sending a revocation note to: Lionmoon UG (limited liability), Hermann-Hesse-Platz 7, 76669 Bad Schoenborn, Germany, email: legal@lionmoon.com, fax: 0049 (0) 7253 845-0809 by means of a clear statement (e.g. a letter sent by post, telefax or email) of your decision to revoke the contract. You can use the enclosed sample revocation form to do this but that is not required.

Sample Revocation Form

(If you want to revoke the contract, please fill in this form and send back to us).

To:

Lionmoon UG (haftungsbeschraenkt)
Hermann-Hesse-Platz 7
76669 Bad Schoenborn
Germany

Fax: +49 (0) 7253 845-0809
Email: legal@lionmoon.com

I/we (*) herewith revoke the contact concluded by me/by us (*) about the purchase of the following goods (*) / of the following services (*)

Ordered on (*) / received on (*)
Consumer's name
Consumer's address
Consumer's signature (only in case of a letter sent by post)
Date

(*) Delete where inapplicable

To meet the deadline for the revocation period, it is sufficient that you send the communication of your exercise of the right of revocation prior to the expiration of the revocation period.

Consequences of Revocation

If you revoke this contract, we must repay you all payments that we have received from you without delay and within fourteen days of the date on which the communication of your revocation reaches us; these include the delivery costs (with the exception of any additional costs that result from your requesting that you selected a different mode of delivery from the inexpensive standard delivery that we offer). We will use the same means of payment for this repayment as you used in the original transaction unless something else was expressly arranged with you; in no case will you be credited for any fees from this repayment.

End of Revocation Instructions.

Special Note: Premature Expiration of the Right of Revocation

Your right of revocation will expire prematurely if the fulfillment of the contract begins before the end of the revocation period, after you have given us your express consent to begin with the contract fulfillment and after you have taken notice of the consequences, which mean that with the start of the contract fulfillment your revocation right expires.

§ 6. Term and Termination

6.1. Contracts between Lionmoon and the user will be entered into for an indefinite period of time unless expressly stipulated otherwise for each individual game or additional service. Other conditions may apply for the provision of premium services.

6.2. If no limited period has been agreed for the contract, the contract can be terminated with immediate effect at any time by either party without giving reasons.

6.3. If a temporary contract period has been agreed upon, an ordinary termination can be carried out only at the end of the agreed period. If it is not cancelled at the end of the agreed period, the current temporary contract is extended automatically by the originally agreed contract duration.

6.4. The right of both parties to terminate the agreement at any time without notice for good cause remains unaffected by the provision in section 6.2.

6.5. Lionmoon has the right to terminate the agreement for good cause. A good cause is in particular, but not limited to the circumstances, if:

  • the user is in default with the payment of the fees, and does not pay despite warning;

  • the user has not used their account for three months despite having received a reminder;

  • the user knowingly violates any laws or rules of games and/or rules of additional services, these T&C, and does not discontinue their actions despite having received a warning. A warning is not required in case of a severe offense where it would be unreasonable to expect Lionmoon to remain bound by the contract.

6.6. Cases in which it would be unreasonable to expect Lionmoon to remain bound by the contract are especially the following:

a) if the user violates criminal law;

b) if the user deliberately provides false information upon registration (see § 3.5.) or while completing payment of premium services (see § 4.2.3.);

c) if the user makes use of games and additional services in any other way which is not permitted (see especially §§ 7.2.-7.3., § 8.2.1.-8.2.4.).

6.7. In the case of an ordinary termination by the user or termination for good cause by Lionmoon for which the user is responsible, Lionmoon will not be required to refund premium services or other services paid for in advance. Besides, Lionmoon is entitled to request the amount of all outstanding fees (especially for already ordered premium services).

6.8. In the case of an extraordinary termination for which Lionmoon is responsible, Lionmoon will proportionally refund or offer an equivalent compensation to the user for premium services paid for in advance if their duration of use extends beyond the date of the contract termination. Further claims on the part of the user are excluded.

6.9. Any termination must be submitted in writing, whereas e-mail is considered to be in compliance with the requirement of written form. Any extraordinary termination for good cause must include the reasons for termination.

§ 7. Duties and Obligations of the User

§ 7.1. General Obligations of the User

7.1.1. The user is obliged to keep all access data and passwords ("access data") to their account strictly confidential from third parties, to protect it from unauthorized access of third parties and provide for its security. Lionmoon herewith notifies the user that the password should not be identical with the player name and it should consist of a combination of numbers and letters. Besides, the user should undertake to change the passwords on a regular basis for security considerations. The user is the only one responsible for the use of their account.

7.1.2. The user will furthermore inform Lionmoon without delay if they learn or suspect that an unauthorized third party has obtained possession of access data. In this case, the user will change their access data or ask Lionmoon to do so. Lionmoon will have the right to temporarily block the user access. The user shall be permitted again to use their data as soon as the suspicion of misuse of access data has been removed at the Lionmoon's discretion. Lionmoon will notify the user affected by such actions.

7.1.3. Under no circumstances shall the user be permitted to use access data of another user, unless the rules of each particular game provide specific exceptions. Should an unauthorized third person gain access to user's access data as a result of gross negligence or intent on the part of the user, the user will be liable towards Lionmoon for service fees and compensation for damages.

7.1.4. The user particularly agrees to check all incoming e-mails and downloaded software for viruses and spyware. Lionmoon will not be held liable for any damage or loss of data on the PC of the user, which may occur as a result of software installation of third parties or as a result of any other circumstances, such as viruses or spyware.

7.1.5. When using games including all the gaming websites and additional services, the user commits himself/herself to observing all applicable laws and instructions, including these T&C and the rules of games/terms of use for additional services. Moreover, the user agrees to abide by the instructions of Lionmoon and its employees, as well as its vicarious agents and assistants. This also applies to the instructions of administrators and community managers of discussion forums.

§ 7.2. Special Terms for the Use of Online Games

7.2.1. The user is not allowed to sell, swap, hire out, hand over to third parties or transfer in any other manner their account, free of charge services and functions connected to the account such as virtual items, virtual currency, etc., access data or premium services, unless the rules of the respective game explicitly provide exceptions hereupon. Payments in cash are not allowed under any circumstances.

7.2.2. The user is not allowed to undertake any manipulative actions in the games. The user undertakes to refrain from the following actions when using games including all the websites of the games, as well as every single additional service offered hereupon:

  • to use mechanisms, software or programs that can interfere with the systems of Lionmoon or cause an unreasonable and excessive burden of the systems and/or massively interfere with the gameplay of other users;

  • to use devices, software, scripts or other mechanisms, especially for the purposes of systematic or automatic control of games or individual game functions (bots, macros), or for the reproduction of games including all the websites of games. This also includes auto-refresh functions, as well as further integrated mechanisms of the Internet browser, unless it refers to automatic procedures. Lionmoon is furthermore entitled to make use of the suitable programs in order to detect such breach of contractual obligations on the part of the user in the case of non-observance of this prohibition, as well as for the purposes of the user identification in the case of a well-founded suspicion of a breach of contractual obligations. The user is expressively recommended to consult the Privacy Policy of Lionmoon.

  • to create or use cheats, mods and/or hacks, or any other software created by third parties that may interfere with the gameplay;

  • to use software that enables "data mining" or intercepts or collects the game-related information in any other manner;

  • to run games including all individual websites with other programs apart from the Internet browser;

  • to block, to re-write or to modify the contents of the websites or to interfere with games in any other manner;

  • to hack into game servers or website servers of games;

  • to access the data which the user has no authorization for;

  • to take advantage of programming bugs or any other programming errors to achieve personal gain. The user commits himself/herself to report such bugs or errors to Lionmoon. If the user has derived benefits from such bugs/errors, these - as far as possible - shall be reimbursed to Lionmoon. If the user has knowingly taken advantage from bugs or errors, this may result in the termination of the agreement about the use of games and additional services and in deleting the account.

  • to distribute faked software and encourage or incite for distribution of such software;

  • to upload data that contains viruses, trojans, worms and any damaged data;

  • log-in in any other way than via start page of each game, e.g. by means of automated opening of accounts, regardless of the fact if the start page is displayed or not;

  • to use games and websites via anonymization services which hide the actual IP address.

§ 7.3. Duties of the User in Relation with Copyright Protection of Lionmoon

7.3.1. Games and all the contents of the websites are the exclusive property and/or stand under exclusive proprietorship of Lionmoon. The term "content" includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information, provided by Lionmoon on its websites and games. The user shall observe industrial property rights and copyright of Lionmoon.

7.3.2. Unless explicitly permitted within these T&C, the user is not permitted to edit, to replicate, to distribute, to reproduce publicly, to use for advertisement or to use beyond the contractually agreed purpose the games and the contents of the websites or any parts thereof. Copyright details and brand names may not be modified, blanked or eliminated.

7.3.3. The unauthorized use, distribution, replication or any other infringement of Lionmoon's industrial property rights and copyright will be prosecuted in accordance with civil and/or criminal law provisions.

§ 8. User-Generated Content and Duties of the User

§ 8.1. User-Generated Content

8.1.1. Lionmoon may offer the user a range of additional services such as discussion forums, chats, blogs, etc. on the Lionmoon websites, which the user may use according to their actual availability. Lionmoon only provides the user with the technical environment for the exchange of information. The user, however, does not have any right to claim such services.

8.1.2. The user maintains all rights to user-generated contents, articles, data and information that the user makes public or exchanges when using games and additional services ("user-generated content"), such as discussion forums, chats, etc. Lionmoon neither appropriates user-generated content nor agrees with opinions expressed therein. However, the user grants Lionmoon a non-exclusive, unrestricted, transferable and royalty-free license to user-generated content. In particular, Lionmoon shall have the right to publicly offer, feature, reproduce, edit and distribute user-generated content in connection with Lionmoon websites, games, related products and the advertising thereof. Beyond that, Lionmoon has no other rights of use to user-generated content. The user is herewith informed that Lionmoon does not provide an active monitoring of the user generated content.

8.1.3. User-generated content can be accessed globally by third parties through Internet. With the uploading user-generated content, the user agrees to this condition.

§ 8.2. Duties of the User with Respect to the User-generated Content

8.2.1. The user shall exercise due care in the selection of the information which they upload and make available to other users by using games and additional services.

8.2.2. The user is required to choose acceptable wording and avoid attacks on people in derogatory manner when using the means of communication put at their disposal.

8.2.3. The user agrees not to use, publish or distribute contents such as names, images, videos, photos, links, words, articles, etc. on the Lionmoon websites and especially in the context of the provided additional services such as discussion forums, etc. that infringe applicable laws (in particular, the law on protection of minors, data protection laws, protection of personal rights, copyright, industrial property rights, et.) or these T&C that:

  • are insulting, defamatory, morally reprehensible, sexist, pornographic, racist, glorifying violence, political, religious content; content that infringes laws, especially minor protection laws, or any other content that Lionmoon may consider immoral or inappropriate at its own discretion;

  • violate trademarks, patents, design and utility patents, copyright or other rights of third parties;

  • contain information which is false or misleading;

  • display prohibited or illegal contents; promote criminal activities or schemes therefore, or provide instructions for committing or incite illegal activities;

  • unacceptably disturbs other users, e.g. example with spam mail, chain mail, unsolicited mass mail or instant messages;

  • which subject is personal information of third parties without those parties' express consent, and/or solicit other users to disclose personal information for commercial or illegal purposes or induce them to disclose login data;

  • contain picture(s) of another person without that person’s express consent;

  • promote commercial and/or sales activities, such as price contests, raffles, swapping offers, insertions, pyramid schemes;

  • engage in or promote unfair competitive practices;

  • falsely suggests that it is provided or supported by Lionmoon.

8.2.4. Any use of games and additional services for commercial purposes, especially for advertisement, is not allowed. This kind of use requires the express prior written consent of Lionmoon.

8.2.5. The user has no right to claim the saving and unmodified publishing of contents on Lionmoon websites.

8.2.6. The user will inform Lionmoon in case they become aware of an abusive use of communication services by third parties or other users (e.g. distribution and sending of contents that violate sections 8.2.3.). To make sure that effective measures can be taken, the user shall provide such information in writing (e.g. via e-mail).

8.2.7. The user is solely responsible for user-generated content. Lionmoon is not responsible for checking on the compliance with applicable laws or the accuracy of user-generated content. In case of doubt, the user will delete the contents judged as not acceptable by Lionmoon without undue delay. Lionmoon is also entitled to delete user-generated content if there is sufficient evidence to believe that an infringement of the aforementioned obligation took place. The user has no right to claim recovery of the deleted information.

§ 9. Consequences of Non-Observance of the User's Duties

9.1. Non-observance of the duties specified in § 7 and § 8.2. may, after a prior warning notice, lead to an immediate blocking or deletion of the account or to an extraordinary termination of the contract for good cause and without previous notice. In case of serious violations, a warning is unnecessary. A violation is serious especially in the case if considering all the circumstances of the individual case and under consideration of the interests of both Lionmoon and the user, Lionmoon cannot be reasonably expected to await any further violation. The same shall apply in the event of a fraudulent credit card use. The blocking of the access includes that all contents and information which originate from the excluded user may be deleted from the database and from the websites by Lionmoon immediately. In case of a justified blocking of the access, Lionmoon can charge a processing fee of EUR 10.00. The user is entitled to prove that no damage occurred or that it was substantially lower than the user has been charged with. Lionmoon is entitled to enforce further claims against the user, especially claims for damages.

9.2. Without prejudice to other rights derived from applicable laws or contractual obligations, Lionmoon may take the following actions at its own discretion against any user who knowingly violates legal provisions, third party rights, these T&C or the respective additional regulations and rules of games and additional services: giving the user a warning; changing or deleting the contents; temporary or permanent blocking of the user; excluding the user from further participation in the respective games/additional services; publication of the misconduct of the user in the respective game mentioning the user name; temporary or permanent virtual ban from premises in the cases of violation of § 8.2.; termination of the contract without previous notice, especially in the case of multiple violation of the provisions of §§ 7-8.

§ 10 Warranty for Defects

10.1. Lionmoon grants the user access to games and additional services in their current version only. The user is aware that games and additional services provided by Lionmoon, as any other software, can never be completely free of defects. Therefore, games and additional services can only be considered to be defective if there is a serious and lasting disruption.

10.2. Defects discovered by the user shall be notified immediately after their discovery. For reasons of giving evidence, the user will document these defects in text form and submit them in writing (by fax, letter or e-mail) to Lionmoon. Prior to submitting such reports about a possible defect, the user will consult the instructions for games and/or additional services, as well as any other troubleshooting tools provided by Lionmoon (in particular, FAQ lists and discussion boards for troubleshooting). The user will use their best efforts to collaborate with Lionmoon on the removal of the defects discovered in games or additional services.

10.3. Excluded from warranty are defects caused by external influences (force major, etc.), operating faults by the user, or changes or manipulations which are not performed by Lionmoon.

10.4. Lionmoon does not assume any guarantees or warranties.

§ 11. Limitation of Liability

11.1. Limitation of liability for free of charge services - basic version:

Inasmuch as Lionmoon provides its services free of charge, Lionmoon is in no case liable other than for gross negligence or damage intentionally caused by Lionmoon.

11.2. Limitation of liability for paid services - premium version:

When providing paid services, Lionmoon is liable for intent, gross negligence, and for damage due to the loss of life, limb or health without limitations. In the case of slight negligence, Lionmoon is only liable for a breach of essential contractual obligations or for breach of a warranty. Essential contractual obligations are such obligations that facilitate the proper execution of the contract in the first place and the fulfilment of which the user may rely upon. In the case of a breach of essential contractual obligations, claims for compensation will be limited to foreseeable damages equal to EUR 50.00. Lionmoon is not liable for slight negligence of other obligations. Lionmoon's liability in the case of mandatory statutory regulations remains unaffected.

11.3. Lionmoon is not liable for any damage or loss of data that may result from any software installation that not originated from Lionmoon.

11.4. Lionmoon explicitly distances itself from the contents of any third party web pages to which there are direct or indirect links (so-called "links") from the offerings of Lionmoon websites. Lionmoon does not assume any responsibility for these contents and pages. The providers of the respective pages are responsible for their content.

11.5. Any liability of Lionmoon for user-generated content is excluded. The user agrees to reimburse Lionmoon for all damages resulting from the non-observance of the obligations under these T&C. The user will indemnify Lionmoon against all costs, including reasonable legal fees, and claims, including claims for damages made against Lionmoon by third parties due to the violation of their rights as a result of user-generated content. This does not apply if the user is not responsible for the infringement.

11.6. This limitation of liability will also apply to all of Lionmoon’s organs, employees, staff, shareholders, representatives and vicarious agents.

§ 12. Data Protection

12.1. Personal data of the user is only collected, processed or used when the user has consented or the German Federal Data Protection Act (BDSG), the German Telemedia Act (TMG) or another applicable law it allows or requires.

12.2. Beyond that, the Privacy Policy of Lionmoon shall apply, which may be viewed at any time on the site Privacy Policy.

§ 13. Changes to the T&C

13.1. Lionmoon reserves the right to change or modify these T&C at any time to future arrangements, given that it is deemed necessary and does not place the user at a disadvantage in a breach of good faith. Changes of these T&C will be communicated to the user in the suitable manner by message. Changes will be published either on Lionmoon’s websites or a message will be sent to the user via e-mail to the e-mail address they have registered with. In any case, the user will be notified about the changes through a highlighted announcement at their next login.

13.2. The user can object to the changes made in the T&C within 14 days upon publishing the notification and its receipt by the user. If the user does not object in writing to Lionmoon to the changes made in the T&C within 14 days following their publication and receipt, or continues to use games and/or additional services after this deadline, the new T&C will be deemed as accepted by the user. If the user objects within the given time limit, both parties are entitled to terminate this agreement in the ordinary manner. Until the termination of the agreement has been finalized, the original T&C will remain in effect.

13.3. When notifying about such changes, Lionmoon will indicate the availability of options of raising an objection and of the contract termination, the terms and the legal consequences, in particular the consequences of failing to raise an objection. The user is recommended to keep themselves informed about the current status of T&C and of the game rules/terms of use for additional services.

§ 14. Final Provisions

14.1. Lionmoon will generally communicate with the user via e-mail. The user will ensure that the e-mail address specified by them at the time of registration is checked for e-mails from Lionmoon on a regular basis.

14.2. All changes and/or amendments to this contract must be made in writing. This also applies to any waiver of the written form requirement.

14.3. The law of the Federal Republic of Germany applies to these T&C and to all the agreements closed on the basis of these T&C, to the exclusion of provisions of the CISG and the collision norms of German International Private Law.

14.4. If the user does not have a legal domicile or habitual place of residence in the Federal Republic of Germany, or if the user has changed their legal domicile to a location outside the Federal Republic of Germany after the contract has been concluded, the legal jurisdiction place is the headquarters of Lionmoon. These conditions also apply if the legal domicile or habitual place of residence of the user is unknown at the time a legal action is filed. Lionmoon is also entitled to sue at the general jurisdiction of the user.

14.5. Should any provisions of these T&C be or become ineffective, this will not affect the validity of the remaining provisions.

Bad Schoenborn, September 2014

Lionmoon UG (haftungsbeschraenkt)
Hermann-Hesse-Platz 7
76669 Bad Schoenborn
Germany

Local Court Mannheim, Commercial Register Number: HRB 714278
VAT number: DE282344570
Managing Directors: Irina Romanova, Jose Portoles