TERMS AND CONDITIONS
Terms and Conditions
1.1. The following terms regulate the use of the online games and other services provided by Shanda Games International Europe GmbH (hereinafter individually and collectively referred to as "Shanda") Ackerstrasse 153, 10115 Berlin. As a matter of principle, Shanda is the party to all contracts concluded via the Shanda Websites and client and mobile games.
1.3. Shanda offers online games and other services within the framework of its technical and operational capabilities with an average annual availability of 98.0%. This does not include periods of time during which the use of online games and other services is interrupted or affected due to compelling technical reasons or because of required maintenance work, without Shanda having to provide compensation under the provisions of this agreement.
1.4. The online games and additional range of services are developed, updated and adapted on an ongoing basis. Since all users have to use the same version of an online game or service, the user can only take part in the respective online game and other services in their respective current version provided for the selected server.
1.5. Online games and other services offered by Shanda are intended solely for the purpose of entertainment. The use for the purpose of gain or for commercial purposes is prohibited.
1.6. The user is solely responsible for the up-to-date and suitability of any software and hardware used by him.
1.8. Within the scope of individual online games and other services, the user has the opportunity to use services of Shanda`s contractors. In this case, a separate contract is formed between the user and the respective contractor of Shanda. The user will be informed of this in a timely and appropriate manner prior to the conclusion of the contract.
1.9. Any regulations or General Terms and Conditions of Business of the user deviating from these terms shall only apply, if Shanda has approved of their validity by prior written consent.
2 General information on the conclusion of contracts
2.1. The registration of the user is a prerequisite for the use of online games and other services offered by Shanda.
2.2. Registration is reserved only for natural persons over 18 years and consumer within the meaning of Â§ 13 BGB, . Only individuals are accepted as authorized users (no groups, families, life partners, etc.).A company. Enterprise or any other form of legal persons is excluded from registering.
2.3. Insofar as the user is a minor, he hereby expressly guarantees that the aforementioned age limit is observed and the consent of his legal representatives is available. Furthermore, the continued use of the Websites by previously minor users after having reached the age of maturity is regarded as an approval of all declarations of intent previously submitted by the user in connection with the user contract, unless the approval is expressly withdrawn towards Shanda in written form within two (2) weeks following this date.
2.4. Depending on the online game, the user has to provide certain data, e.g. a player name and a registered e-mail address. The user is not entitled to receive a particular player name. The player name may not violate any rights of third parties and may not offend common decency. Moreover, no e-mail or Web address may be chosen as the player name. The user hereby guarantees that the information provided to Shanda upon registration is true and complete.
2.5. The registration is carried out personally. Registration via third parties, especially a third party that registers individual people with several teleservice providers on a commercial basis (registration services and/or entry services) is not permitted.
2.7. Upon successful registration, the user opens a user account, which he manages independently. The user may open a user account on both the Shanda portal page and the respective Shanda Internet page. The user account created in the Shanda portal may be used for all other online games linked by Shanda to the Shanda portal. Unless stated otherwise during the setup of the user account, the user account created on a specific online gaming site can be used exclusively for this specific online game and for no other online games.
2.8. The user account is not transferable without the explicit consent of Shanda. The submission of the approval by e-mail is sufficient to fulfill the written form requirement.
3 Special information on the conclusion of contracts for purchasing premium currency and virtual objects
3.1. Furthermore, the user may purchase individual services and, within the scope of the online games, individual features, premium currency and virtual objects against payment.
3.2. The user declares his intention to conclude the contract for purchasing premium currency, features and virtual objects by selecting the amount of premium currency, the feature or the virtual object he would like to purchase in the respective online game and declares this intention to Shanda via the corresponding order button. The contract is formed by Shanda providing the premium currency, the feature or the virtual object in the player account of the user.
3.3. For the payment, activation and settlement of the features and the virtual objects, the user acquires a premium currency against payment, which is paid using one of the payment methods provided by Shanda.
3.3.2. By using the premium currency within the scope of an online game or service, the user can activate special features or virtual objects permanently or for a fixed term. Further details on this are elucidated in the respective online game or service. 3.3.3. By activating a permanent feature or virtual object, the user is entitled to the provision of the feature in accordance with the provisions of the respective applicable specification of the feature or virtual object.
3.4. If a minor user would like to purchase premium currency, he guarantees that the money for the payment of the premium currency has been provided to him by his legal representative earmarked for this purpose or for free use.
4 Revocation instructions
4. Right of revocation
You can revoke your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without giving reasons. This time period begins upon receipt of this revocation instructions in writing, but not before the conclusion of the contract and also not before we have fulfilled our duty to inform you as per Article 246 Â§ 2 in conjunction with Â§ 1 para. 1 and 2 Introductory Act to the German Civil Code (EGBGB) as well as our duties as per Â§ 312g para. 1 Clause 1 German Civil Code (BGB) in conjunction with Article 246 Â§ 3 Introductory Act to the German Civil Code (EGBGB). The time period shall be deemed to be observed in the case of dispatch of the revocation in good time. The revocation has to be addressed to (also in cases where Shanda is the contract partner, in this case as authorized representative):
Shanda Productions GmbH,
Frankfurt StraÃŸe 63-69,
65760 Eschborn, Germany
Consequences of revocation
In case of an effective revocation, any services received by either party shall be returned, and, where applicable, the benefits derived from such services (e.g. interest) shall be surrendered. If you are unable to return or to surrender the services or benefits (e.g. benefits from usage) received either partially or wholly, or can only do so in a deteriorated condition, you are liable for compensation to us. This may lead to you having to meet the contractual payment obligations for the period until revocation. Obligations regarding reimbursement of payments must be met within 30 days. This time period begins for you with the dispatch of your revocation notice, for us upon its receipt.
Your revocation right prematurely expires, if the contract is fulfilled by both parties at your explicit request before you have exercised your right of revocation.
End of revocation instructions
5 General obligations of the user
5.1. The userâ€™s main obligation is to observe the respective applicable rules of the game and pay any possible fees. Furthermore, the userâ€™s main obligations include the correct and complete provision of data requested by Shanda upon concluding the contract or in the course of the contractual relationship and required for the establishment, execution or termination of the contractual relationship. Therefore, the user hereby guarantees that the data on his person and other facts relevant to the contract in the aforementioned sense (in particular bank details and/or credit card number) provided upon registration and in the course of the contractual relationship is complete and correct. The user undertakes to promptly inform Shanda of any change to this data; upon request of Shanda, the user shall confirm this data. Shanda reserves the right to demand an appropriate proof of identity, which will deleted immediately after verification. In the event of repeated violation in spite of a warning notice or in case of severe violation, Shanda is entitled to block the contractual services immediately without granting a grace period and terminate the contract.
5.2. User data
The user undertakes to inform Shanda of any future changes to his registration data, especially a change to the e-mail address, without delay. The user undertakes to confirm Shanda the correctness of his data upon request.
5.3. Log-in data, identifications, passwords
5.3.1. The user undertakes to keep log-in data as well as all identifications and passwords strictly confidential. The user may enter log-in data only on Websites operated by Shanda.
5.3.2. The term â€œlog-in data" as well as â€œidentification and passwords" includes all letter and/or character and/or number sequences used to authenticate the user and to exclude use by unauthorized third parties. The password should not be identical with the player name and should consist of a combination of numbers and letters.
5.3.3. The user undertakes to protect all log-in data, identifications and passwords against unauthorized access of third parties. The password must be kept secret by the user at any time. The user is solely responsible for the security of his password or account. The user may not publish or disclose his password or make it available to anyone. The user is responsible for any damage or harm caused to Shanda that lead back to the disclosure of his password by the user.
5.3.4. In the event that the user has reason to believe that third parties have or could have obtained this information, he shall inform Shanda immediately and change his data or have it changed by Shanda. In this case or in the event that Shanda has evidence of data abuse, Shanda is entitled to temporarily block the access of the user. The user shall be permitted again the use as soon as the suspicion of data abuse has been cleared up.
5.3.5. The user is under no circumstances entitled to use the log-in data of another user, unless the rules of the game provide for specific exceptions.
5.4. Use of the Shanda Websites and contents of the Shanda Websites
5.4.1. Shanda Websites include contents of all kind that are protected by trademarks, copyrights or by other means in favor of Shanda or for the benefit of third parties. Unless explicitly permitted by Shanda, the user is not entitled to edit, copy, distribute, reproduce publicly, use for advertisement or use these beyond the contractually agreed purpose the Shanda Websites or the contents or any portion thereof. Only the technical reproduction for the purpose of browsing as well as the permanent reproduction solely for private use shall be permitted. Copyright information and brand names may not be changed, suppressed or eliminated.
5.4.2. The term "content" is understood to be all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes as well as other information provided by Shanda on its Websites. The term "content" in particular includes all services available for download as well.
5.4.3. The user undertakes to abstain from any measure that may compromise or interrupt the proper function of Shanda Websites or individual services offered on them, as well as from accessing any data that the user is not authorized to access. The retrieval of the contents may only take place in such a manner that the use of Shanda Websites and contents by other users is not affected. The transfer of data or software that can influence hardware or software from recipients is not permitted.
5.4.4. Any use of Shanda Websites for commercial purposes, especially advertisement, requires the express prior written consent of Shanda.
5.4.5. The user is not entitled to publish any contents on the Shanda Websites.
5.4.6. The use of Shanda Websites by means of an anonymisation service or similar measures that are suitable to hide or conceal the true IP address and/or the identity of the user is not permitted.
It is permitted to establish a link to the Websites of Shanda to the extent that it only serves as a cross reference. Shanda reserves the right to withdraw this permission. However, it is not permitted to include or present Shanda Websites or their contents via a hyperlink in a subwindow (frame).
6.6. Use of client software
In case of services that require the prior installation of a client software, Shanda grants the user the non-exclusive (simple) right to install and use the client software limited to the duration of validity of the user`s registration with Shanda or Shanda. A duplication of the client software is only permitted to the extent to which it is required for the contractual use of the software. Any form of commercial use of the software is strictly prohibited. Any change to the client software as well as retranslation of the provided program codes into another code form (decompilation) as well as other ways of reversing the various manufacturing stages of the software (reverse-engineering) are prohibited, insofar as these are not necessary to obtain the information required to establish the interoperability of the client software with other programs, cannot be obtained otherwise, in particular from Shanda or Shanda, and the respective data is used for no other purpose than to establish the interoperability and these actions are only conducted by the user himself.
7.1. The user is allowed to take part in each game round (i.e. world, universe) of an online game with one user account only, unless the rules of the game provide for specific exceptions. The use of several user accounts is not permitted. Such multi-user accounts can be deleted or banned by Shanda at any time at their sole discretion.
7.2. The user is prohibited from any form of manipulative intervention in the online game. In particular, the user is not entitled to use measures, mechanisms or software that could interfere with the function or the course of the game. The user must not take measures that may cause an unreasonable or excessive load on the technical capacity. The user is not allowed to block, rewrite or modify contents generated by Shanda or to interfere in any other manner with the game.
7.3. The user is also prohibited from running the online game (including all individual web pages) with programs other than the Internet browser or the client program that has been provided. This refers in particular to so-called bots and other tools designed to replace or supplement the Web interface. Scripts and completely or partially automated programs that provide the user with an advantage over other users are also prohibited. These include auto-refresh-functions and other integrated mechanisms of the Internet browser, if they involve automated operations.
7.4. The user may under no circumstances
a) create or use cheats, mods and/or hacks as well as any other third party software products that may change the result of the online games,
b) use software, that allows "data mining" or otherwise intercepts or collects information relating to the online games,
c) use virtual objects used in the online games outside of online games, buy or sell them for "real" money, swap them or cause such activities.
This also includes all evasions, similar actions or actions that correspond in their effect to the aforementioned bans.
7.5. Log-in is only permitted via the Shanda Websites and via the websites of cooperation partners integrated by Shanda (e.g. social networks). The automated opening of the user account outside the websites provided by Shanda or their cooperation partners, regardless of whether the home page is displayed or not, is not permitted.
7.6. Shanda or the contractors authorized by Shanda exclusively hold all rights to fee-based virtual objects used in online games. By posting information within an online game or within the scope of using other services of Shanda (in particular possibly operated communication platforms), the user provides Shanda with the non-exclusive, worldwide, free-of-charge and revocable right to publish, send, list, present, display, reproduce and distribute these contents in whole or in part on the Shanda Websites and in the online game as well as on further gaming sites for any commercial or non-commercial purpose. The information provided by the user within the online game can be viewed by third parties worldwide via the Internet. By providing the information, the user declares his consent to this. The user can withdraw the rights granted by deleting the contents from the games or other services or requests Shanda in writing to delete the contents.
7.7. The use of private servers, i.e. those servers of the user or third parties that enable, establish or maintain unauthorized connections to the online game or the server, in particular
a) connections to servers not provided with appropriate authorizations, which emulate or attempt to emulate the service,
b) connections by means of programs or tools not expressly approved of by Shanda,
is not permitted.
8.1. The user undertakes not to distribute any contents (e.g. images, videos, links, names, words) of political, religious, advertising, offensive, harassing, violent, sexist, pornographic as well as other morally reprehensible or objectionable, in particular racist as well as extreme right or left-wing, nature within the scope of the online games and other services of Shanda. Furthermore, the user undertakes not to use any legally protected terms, names, images, videos, music, games or other material during the use of the game or other services offered by Shanda. The user shall immediately remove any contents that are objected by Shanda. Shanda expressly reserves the right to remove these contents by themselves. The user shall observe all relevant legal regulations, in particular regarding the protection of young people, data protection, general right of privacy, as well as those set out by criminal law, copyright law and trademark law at all times.
8.2. Shanda may provide the user different communication facilities (especially discussion forums, chats, blogs, guest books, etc. as well as comment functions) for posting his own contents and contributions on the Shanda websites, which may be used as available. Shanda only provides users with the technical environment for the exchange of information. However, users are not entitled to claim such communication facilities.
8.3. The user assumes responsibility for his contents and contributions and undertakes to fully indemnify Shanda from and against any claims of third parties. Shanda explicitly claims no title to the contents posted by users. However, the user grants Shanda the permanent, irrevocable, non-exclusive right to use the contents and contributions posted by him. Shanda points out that Shanda has no active monitoring system of the contents posted. In addition, each user has the option to inform Shanda of suspected illegal content. Shanda will then respond as soon as possible and edit or delete reported contents, if necessary.
8.4. The user is prohibited from publishing or distributing contents on Shanda Websites and in particular within the scope of the communications facilities provided on them that
a) violate the law, are improper or immoral;
b) violate trademarks, patents, utility or design patterns, copyrights, trade secrets or other rights of third parties;
c) are of obscene, racist, violent, pornographic nature, harmful to young people or otherwise threaten or affect the development of children and adolescents;
d) are of abusive, harassing or defamatory nature;
e) include chain letters or pyramid schemes;
f) falsely suggest that they are provided or supported by Shanda;
g) contain personal data of third parties without their express consent;
h) are of commercial, in particular promotional, nature.
8.5. The inclusion of Internet sites, company or product names are only permitted when it is not primarily for the purpose of advertising.
8.6. All users of the communication facilities provided on the Shanda Websites are required to observe an acceptable choice of words. Abusive criticism or attacks on people in derogatory manner shall be avoided.
9 Consequences of breaches of duty
9.1. Shanda is not liable for damages resulting from a breach of duty by the user.
a) change or deletion of contents,
b) giving a warning to the user,
c) publication of misconduct in the respective online game while naming the respective user,
d) temporary or permanent blocking of a user from individual or all online games and contents of Shanda Websites,
e) exclusion of a user,
f) issuing a temporary or permanent virtual ban from the house in case of violation of section 6, or
g) immediate termination of the user contract.
9.3. If a user has been blocked or excluded, he may not log in again without prior consent of Shanda. The user is not entitled to claim the waiver of an exclusion, a virtual ban from the house or any other measure.
10 User fees for additional contents and memberships
10.1. Unless expressly stated otherwise, the use of online games and other services offered is free of charge.
10.2. The membership fees agreed within the scope of the respective registration will be payable for the member accounts. The membership fees to be paid for the membership shall be settled as one-off payment in advance upon commencement of the respective membership term.
10.3. Furthermore, the user may purchase individual services and, within the scope of the online games, individual features and virtual objects against payment.
10.5. The user hereby guarantees that all information provided within the scope of the payment process (in particular bank details, credit card number, etc.) is complete and correct.
10.6. The payment options may vary depending on the online game, the country of the participant and the market availability of technically feasible payment options. Shanda reserves the right to amend their payment options at any time.
10.7. Shanda reserves the right to change the fees of the in-game features (including virtual currencies). This includes Shanda`s right to increase or decrease fees for individual in-game features and virtual objects for all future transactions.
10.8. In case of default in payment, statutory interest will be charged. Shanda is also entitled to block the user account, claim further damages and terminate the provision of services.
10.9. Should Shanda incur back charges or cancellation fees through a fault of the user (including insufficient funds in the account), the user shall bear the relating costs. Shanda is allowed to demand these costs and the accrued fees by repeated debiting. If the payment is made by credit card, back charges of up to 50 EUR per credit card transaction plus bank charges incurred by Shanda will be charged. Shanda is entitled to claim further damages.
11 Limitation of liability
11.2. The liability of Shanda, on whatever legal grounds, whether arising from the breach of the contract or tortious act, is ultimately determined in accordance with the following regulations:
11.2.1. Insofar as Shanda provides the respective service giving rise to liability free of charge, Shanda is only liable for intent and gross negligence.
11.2.2. In case of fee-based services, Shandaâ€™s liability is limited to cases of intent and gross negligence, although unlimited in cases of personal injury. In case of slight negligence, however, Shanda is only liable for the breach of essential contractual obligations, such as delay or impossibility of performance, which Shanda can be made responsible for. The liability in the event of breach of such an essential obligation is limited to the typical contractual damage, whose occurrence could be expected by Shanda upon conclusion of the contract on account of the circumstances known at that time. â€œEssential contractual obligations" as previously stated are those obligations whose fulfillment is essential to enable the proper implementation of the contract and the achievement of its purpose and whose observation the Customer may rely upon.
11.2.3. Shanda assumes no liability for disturbances within the network that are not caused by Shanda.
11.2.4. Shanda is liable for loss of data in accordance with the foregoing paragraphs only if such a loss could not have been avoided by adequate backup measures on part of the user.
11.2.5. The foregoing limitations of liability shall not apply in the case of explicit guarantees by Shanda, in case of malice and injuries to life, body or health as well as in the case of mandatory statutory regulations.
12 Contract term; deletion of user accounts
12.1. Unless expressly stipulated otherwise within the scope of the registration for the respective online game or service, the contract for the use of the Shanda Websites as well as the online games and other services is concluded for an indefinite term. It commences upon admission or activation.
12.2. The contract may be terminated by either party at any time with immediate effect, provided that n