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Terms and Conditions / Terms of Use 1. Subject of Terms and Conditions, scope of application 1.1 The terms below govern the use of the online game and other services provided by GANL.info on its web pages. By registering or logging in on the GANL.info website, www.ganl.info, users enter into this user agreement with GANL.info for client-based online games—i.e., those that require a client download. 1.2 These Terms and Conditions fully supersede previous versions of GANL.info's Terms and Conditions. 1.3 GANL.info provides an online game and other services subject to its technical and operational capabilities at an annual mean rate of availability of 98.0%, not including periods during which the use of the online game and other services is disrupted or restricted for compelling technical reasons or as a result of maintenance needed, for which GANL.info bears no liability under the terms hereof. 1.4 GANL.info develops, updates and otherwise adapts its online game and other services on an ongoing basis. Accordingly, users may only participate in the online game and services in their then-current versions. 1.5 The online game and services offered by GANL.info are provided for entertainment purposes only and may not be used for financial reward or commercial purposes. 1.6 It is the user's responsibility to ensure the compatibility and suitability of any software and hardware used. 1.7 Individual services on GANL.info's web pages are further subject to special Terms and Conditions, which are disclosed to users prior to use. 1.8 The applicability of user rules or terms & conditions deviating from these Terms and Conditions is subject to GANL.info's prior written consent. 2. Closing 2.1 In order to use the online game and other services offered by GANL.info, users must register. 2.2 Only individuals are permitted to register, and only individual persons (not groups, families, live-in partners, etc.) are admitted as users. Users who are minors represent and warrant that they obtained their legal guardian's consent prior to registering. 2.3 When registering, users must provide a player name as well as an email address registered to them. Users hold no right to use a player name of their choice. Player names must not violate third-party rights or be offensive in nature. In addition, no email address or URL may be used as a player name. Users represent and warrant that the information they provided when registering with GANL.info is accurate and complete. 2.4 Users must register in person; they cannot be registered by third parties, including but not limited to those that register individuals with various tele-services in a commercial capacity (registration services). 2.5 Registrations are approved on the GANL.info website by means of a confirmation email, which provides users with a confirmation e-mail. Once GANL.info has activated an account or admitted a user, such user and GANL.info enter into a user agreement for an unlimited period of time subject to these terms. 2.6 Once users have successfully registered, they can create and independently manage their user account. User accounts may be created on the GANL.info homepage. 2.7 User accounts cannot be transferred without GANL.info's express consent. 2.8 Users hold no right to be registered and admitted and may only register once in the browser game. If a user has already been registered, he or she is barred from registering in the same world for the duration of the existing registration (e.g., by entering other or slightly different personal information). 3. User's obligations 3.1 User data Users undertake to notify GANL.info of all future changes to the information they provided as part of the registration process, including but not limited to changes to their email addresses. Users are obligated, upon GANL.info's request, to confirm that their information is accurate. 3.2 Login data, IDs, passwords 3.2.1 Users are obligated to hold their login information and passwords in strict confidence. Users must not enter login data on web pages other than GANL.info. 3.2.2 The terms "login data" and "passwords" refer to the combinations of letters and/or characters and/or numbers used to authenticate users and prevent unauthorized third-party access. Passwords should not be identical to the player name and ideally combine numbers and letters. 3.2.3 Users are obligated to protect login data and passwords against unauthorized third-party use. 3.2.4 In the event that users have reason to believe that third parties have obtained, or might have obtained, such data without authorization, they must immediately notify GANL.info and change their data or have GANL.info change it. In this case or in the event that GANL.info has reason to suspect unauthorized use of data, GANL.info is entitled to temporarily block such users' access. Access privileges shall be restored once unauthorized use of data is no longer suspected. 3.2.5 Under no circumstances are users entitled to use the login data of other users. 3.3 Use of GANL.info's web pages and web-page contents 3.3.1 GANL.info's web pages offer contents of all kinds that are protected for the benefit of GANL.info or third parties under trademark, copyright and other laws. Unless these Terms and Conditions specifically provide otherwise, users are not entitled to process, duplicate, distribute, publish or use for advertising or extra-contractual purposes GANL.info's web pages or any content provided thereon. Duplication is permitted only for technical reasons and browsing purposes. Ongoing duplication is restricted to private purposes. Copyright and trademark information must not be changed, suppressed or removed. 3.3.2 "Contents" refer to all data, images, texts, graphics, songs, tones, tone sequences, videos, programs, software codes and other information provided by GANL.info on its web pages, including but not limited to services offered for download. 3.3.3 Users undertake to refrain from (i) taking any action endangering or disrupting the functionality of GANL.info's web pages or any service offered thereon, and (ii) accessing restricted data without authorization. The contents offered may be viewed only in a manner compatible with other users' enjoyment of GANL.info's web pages and contents. Data or software capable of affecting a recipient's software or hardware must not be transmitted. 3.3.4 The use of GANL.info's web pages for commercial purposes, including but not limited to advertising, is subject to GANL.info's express prior written consent. 3.3.5 Users hold no right to publish contents on GANL.info's web pages. 3.3.6 GANL.info's web pages may not be accessed using an anonymization service obscuring the user's actual IP address. 3.4 Links It is permitted to link to GANL.info's web pages so long as links serve cross-reference purposes only. GANL.info reserves the right to revoke its permission. It is not permitted to incorporate or represent GANL.info's web pages or contents into or in a frame using a hyperlink. 4. Special terms for use of online game 4.1 Users are restricted to a single user account. The use of multiple user accounts is not permitted, and GANL.info may, at its option, delete or block multiple user accounts at any time. 4.2 Users are prohibited from manipulating or disrupting online games. In particular, users must not employ measures, mechanisms or software that may interfere with a game's function or intended course. Likewise, users must not adopt measures that may burden the technical capacities to an unreasonable or excessive degree. Users are not permitted to block, overwrite or modify contents generated by the game authority or otherwise interfere with the online game. 4.3 Users are further prohibited from accessing online games (including any individual web page) using programs other than a web browser or the client program provided. This is especially true for so-called bots and other tools designed to replace or change Web interfaces. Also prohibited are scripts and fully or partly automated programs giving users a competitive edge over other players, including auto-refresh functions as well as other integrated web-browser mechanisms where automated actions are concerned. 4.4 Under no circumstances may users: a) create or use cheats, mods and/or hacks or use other third-party software altering the experience of online game players; b) employ software for the purpose of mining data or otherwise "catch" or collect information related to online games; c) buy or sell for "real" money, exchange or otherwise put virtual items used in online games to use outside of such online games, including by way of circumvention, similar methods or actions the effects of which fall under the aforementioned restrictions. 4.5 Users may log in only on the GANL.info login pages. User accounts must not be opened automatically regardless of whether the start page is displayed. 4.6 All rights to the virtual items provided in online games against a fee inure to the sole benefit of GANL.info. The same is true for virtual items created by users, who grant GANL.info, throughout the world, in perpetuity and without limitation, an exclusive right of beneficial use to such items, which encompasses their duplication, distribution and processing. Users merely hold a non-exclusive right of beneficial use to such items, which is limited to the term of the agreement. 5. Special terms for use of means of communication (e.g., discussion forums, chat and comment function) on GANL.info's web pages 5.1 GANL.info may provide, but users are not entitled to, various means of communication (including but not limited to discussion forums, chats, blogs, guest books, etc. as well as comment functions) for users to post their own contents and contributions on GANL.info's web pages. Users are permitted to take advantage of such means to the extent available. GANL.info merely facilitates an exchange of information by technical means. 5.2 Users are solely responsible for any content and contribution they introduce and undertake to indemnify and hold GANL.info harmless from and against third-party claims. While GANL.info specifically does not claim ownership of user-posted comments, users grant GANL.info a permanent, irrevocable and non-exclusive right to use contents and contributions posted by them. GANL.info stresses that it does not actively monitor user contents posted on its pages. Instead, it randomly samples such contents, and each user has the option to report posts to GANL.info that may violate applicable law, in which case GANL.info will respond as quickly as possible and edit or delete flagged contents to the extent necessary. 5.3 Users are prohibited from using any tool, including but not limited to the means of communication available on GANL.info's web pages, to publish or distribute contents thereon that: a) violate applicable law or prevailing moral or ethical standards; b) infringe upon third-party trademarks, patents, industrial and other registered designs, copyrights, trade secrets or other third-party rights; c) are obscene, racist, pro-violence or pornographic in nature or otherwise endanger the wellbeing or character of children and youths; d) are offensive, harassing or libelous in nature; e) contain chain letters or snow-ball systems; f) wrongly create the impression of having been posted or endorsed by GANL.info; g) refer to personal data of third parties without such parties' express consent; or h) are commercial in nature and/or serve advertising purposes. 5.4 URLs, companies or products must not be named if and to the extent that they are primarily mentioned for advertising purposes. 5.5 All users of the means of communication provided on GANL.info's web pages are obligated to express themselves in a non-offensive manner and to refrain from ridiculing or otherwise attacking others. 5.6 Irrespective of its other rights under these Terms and Conditions, GANL.info is entitled to edit or delete any part of contents and contributions posted in violation of these rules. GANL.info is further entitled to temporarily or permanently exclude from the use of online games, access to GANL.info's web pages and other services any user violating these rules. 6. Consequences of breach of duty 6.1 GANL.info is not liable for damages resulting from breaches of duty attributable to users. 6.2 Irrespective of all other legal and contractual rights, GANL.info may, at its option, take the following actions in the event that users culpably violate applicable law, third-party rights, these Terms and Conditions or any applicable specific provision or rule: a) edit or delete content; b) issue user warnings; c) flag misconduct and identify responsible users; d) temporarily or permanently deny users access to the GANL.info game, services and/or web page; e) exclude users; f) issue temporary or permanent bans for all of GANL.info's web pages in cases of violations of Section 6; or g) terminate user agreements with immediate effect. 6.3 Users who have been banned or excluded cannot re-register without GANL.info's prior consent and hold no right to have the ban, exclusion or other restrictive measure lifted. 7. User fees 7.1 Unless specifically noted otherwise, the use of the online game and other services is free of charge. 7.2 However, users may purchase certain services and features available as part of the online game, in which case they will be separately notified, in connection to the game, of the nature of such features, including but not limited to their functions, periods of availability, costs as well as methods of payment. 7.3 Minors wishing to purchase features represent and warrant that the funds used to pay for such features were made available to them for this purpose, or placed at their disposal, by their legal guardians. 7.4 The applicable rates are due and payable upon closing, with payment typically being collected by the service provider handling the payment process. Payments may be collected a few days in advance to ensure the uninterrupted availability of services. Terms & conditions imposed by such service providers, if any, apply in addition to these Terms and Conditions. 7.5 Users represent and warrant that any information provided as part of the payment process (including but not limited to bank information, credit card numbers, etc.) is true and accurate. 7.6 The methods of payment vary depending on the online game, user country as well as the means and technologies available. GANL.info reserves the right to amend the methods of payment at any time. 7.7 GANL.info further reserves the right to change the fees for internal game features (including virtual currencies), which encompasses the right to lower or raise the rates for individual internal game features for future feature purchases. 7.8 In the event of default, interest accrues at the legal rate. GANL.info is further entitled to block the account of any user in default, to demand additional damages or suspend its services to such user. 7.9 If, through a user's fault, GANL.info incurs (check) cancellation fees (e.g., as a result of insufficient user funds), such user shall bear any related costs, and GANL.info may include such costs and fees when debiting the charges again. If payment is made by credit card, cancellation fees may amount to EUR 50 per charge plus any bank fees incurred by GANL.info. GANL.info is entitled to claim additional damages. 8. Limitations of liability 8.1 With respect to their infringement upon third-party rights, users are directly liable to such third parties and undertake to indemnify GANL.info against all damages it incurs as a result of non-compliance with the duties set forth in these Terms and Conditions. Users hold GANL.info harmless from any claim asserted against GANL.info by other users or third parties on the basis of the violation of their rights by user contents or other breaches of duty, and they shall bear the costs of GANL.info's legal defense, including court and attorney's fees, provided the violation of applicable law is attributable to them. 8.2 Irrespective of legal grounds (breach of contractual duty or tort), GANL.info's liability is conclusively subject to the following provisions: 8.2.1 Insofar as GANL.info provides the service triggering liability free of charge, GANL.info is liable for intentional misconduct and gross negligence only. 8.2.2 For services provided against a fee, GANL.info bears unlimited liability for intentional misconduct and gross negligence in cases of bodily injury; in the event of slight negligence, however, GANL.info's liability is limited to breaches of material contractual duties as well as default and instances of impossibility attributable to it. Its liability for violations of such material contractual duties is limited to the typical amount of damages it should have anticipated at the closing on the basis of the circumstances of which it was then aware. "Material contractual duties" in the aforementioned sense refer to duties that are essential to the proper implementation of the agreement and the realization of its object and are reasonably relied upon by users. 8.2.3 GANL.info accepts no liability for network disruptions it did not cause. 8.2.4 Subject to the foregoing paragraphs, GANL.info's liability for the loss of data is limited to instances in which users could not have avoided such loss by means of appropriate data-security precautions 8.2.5 The above limitations of liability do not apply in cases (i) in which GANL.info made express warranties, (ii) of deception, (iii) of damages resulting from injuries to life, body or health and (iv) in which applicable law mandates otherwise. 9. Term; deletion of user accounts 9.1 Unless otherwise stipulated for an online game or service, the agreement on the use of the GANL.info online game and other services is entered into for an unlimited period of time and commences upon a user's admission or clearance by GANL.info. 9.2 Even in the absence of good cause, each party may terminate the agreement with immediate effect, provided no specific term was agreed upon. If the parties agreed on a specific term, the agreement may not be terminated until the end of its term. Unless and until terminated, any agreement with a specific term automatically renews for the length of the original term. 9.3 Each party is entitled to terminate the agreement with immediate effect for good cause. Good cause is present especially if and when: a) users default on payments of fees and fail to pay despite a reminder; b) users engage in conduct that materially compromises the game experience of other players; c) cheats, mods and/or "hack" or other software, tools or scripts are used to the effect of changing the experience and/or mechanism of online games; d) a user's account is used to play by third parties; e) users avail themselves of third-party accounts to play or use multiple user accounts for the online game; f) users put virtual items used in online games to use outside of such online games or attempt to exchange or buy or sell them for "real" money; or g) users culpably violate applicable law, these Terms and Conditions or other relevant, specific provisions or rules. 9.4 Notice of termination must be given in writing, email being an acceptable means of written communication. 9.5 In the presence of good cause (e.g., extended period of inactivity), GANL.info is entitled to delete user accounts. In addition, GANL.info may, at its option, delete user accounts upon the end of the term. 10. Privacy 10.1 Personal user data is not compiled, processed or used unless the user in question consents or applicable law. 11. Applicable law, legal venue 11.2 For users who do not fall under the jurisdiction of Dutch courts, GANL.info is entitled to sue at the legal venue of users. 12. Amendments to these Terms and Conditions, miscellaneous, communications, severability 12.1 GANL.info reserves the right to amend these Terms and Conditions. When logging in, users are notified of amendment to the Terms and Conditions on the GANL.info portal or any online game page at least two weeks in advance of the effective date of such amendment. Alternatively, GANL.info may notify users by email, either by transmitting the amended terms or providing a link to a GANL.info web page on which the amended terms may be viewed. By logging in on the GANL.info portal or to any online game after the amended Terms and Conditions have come into effect, users express their agreement with the new terms. GANL.info shall separately advise users as to the significance of the two-week period, the right of rescission and the legal consequences of inaction in a suitable manner. 12.2 Users cannot transfer rights and obligations under this agreement without GANL.info's prior written approval. 12.3 Users may set off counter-claims only if and to the extent that such claims have been effectively established or recognized by GANL.info or are undisputed. Users may exercise a right of retention only with respect to claims hereunder. 12.4 Unless these Terms and Conditions provide otherwise, GANL.info typically communicates with users by email. It is incumbent upon users to ensure that the email account registered with GANL.info is checked for messages from GANL.info on a regular basis. When contacting GANL.info, users must identify their user account to which they refer. 12.5 Changes to and the suspension of these Terms and Conditions, including this formal requirement, must be communicated in writing. 12.6 In the event that individual provisions of these Terms and Conditions are or become ineffective or violate applicable law, the remaining provisions hereof shall continue in full force and effect, and the parties shall replace the ineffective provision with one that best approximates the economic meaning and purpose of the ineffective provision within the bounds of law. The same applies to gaps found herein.