I. Area of Applicability
- ProSiebenSat.1 Games GmbH (hereinafter referred to as "P7S1 Games" or "We") offers consumers the online game "PlanetSide 2" as well as other content and services (hereinafter collectively referred to as "Services") via the website available at www.planetside2.eu (hereinafter referred to as "Website") for private use.
- The applicability of any possible terms and conditions of a user is herewith expressly objected. Possible user terms and conditions become a part of the contract only if P7S1 Games expressly consents to such in writing.
II. Subject Matter of the Contract
- P7S1 Games provides you (a "User") with the opportunity of using the Services (in particular the chance to obtain play money ("Cash") and to use it for the acquisition of virtual goods), setting up a profile within the scope of your user account (defined below) and contacting and communicating with other Users.
- You must use a client to connect to the corresponding server for the game in order to play "PlanetSide 2". The game servers required for this purpose as well as the client are provided to you online, for utilization and download.
- You can use the Services free of charge ("Free2Play") (with the exception of some content, e.g. expansions or adventure packs, for which a fee may be charged). There is no obligation to use recurring Services (e.g. based on a subscription), unless you have subscribed to our Services as a member. You may also purchase features (defined below) and virtual currency (Sec. V) connected to the Services. Insofar as a Service is subject to charges you will be expressly notified of such (Sec. V) and of your corresponding right to cancel (Sec. VI). Neither this contract nor your User Account authorizes your use of any subsequent releases of the game or expansions, adventure packs, or similar additional products, without payment of pertinent fees.
- In the communication between players in the context of online gaming, behaviour may occur that is relevant under criminal law aspects (e.g., child molestation).You therefore agree with P7S1 Games in the interest of an effective criminal law enforcement that also in the event of a deletion request under Sec. II No.4, your personal data will initially only be blocked for a time period of 8 weeks after receipt of the deletion request by P7S1 Games. Moreover, this blocking period will help P7S1 to reactivate your account should the deletion have been illegitimately requested by a third party (e.g. in case of account theft). At the end of the aforementioned 8-week period your personal data will be irreversibly deleted.
- Games characters created by the User cannot be deleted, as they interact with player characters of other users and their deletion would thus result in errors or distortions of the course of the game. You are therefore obligated to choose names for your player characters which do not allow conclusions to your identity or real name.
- P7S1 Games reserves the right to continually enhance, update, and modify the Services, without being obligated to do so. This is to enable entertainment for the longest possible time for all Users. Users are therefore only authorized to participate in the respective current version of the game.
- P7S1 Games reserves the right to stop, limit, or modify the operation of the game, individual Services or individual functions either in full or in part without stating reasons.
- As a User you understand that online games are enhanced continually and that therefore system requirements for playing online games may also change. Therefore, you may have to upgrade your current system (or obtain a new system) in order to play the game.
- In order to use the Services you must have at least the minimum system requirements and an internet connection; neither is provided by us. Pursuant to the information on the Website (e.g. within the FAQs under http://planetside2.eu/pages/faq), Mac users may be unable to use the Services overall.
- Please note: subject to your internet connection, transmission costs may be incurred due to the download of game software (e.g. in case of rates based on data volume). You can infer information regarding data volumes from the download manager. P7S1 Games is not responsible for transmission costs incurred by a software download initiated by you.
- If you subscribe to our Services and must pay for them for a specific time period, you are concluding a subscription contract in return for payment with us. In this regard, your ordering of a subscription constitutes a binding offer for the conclusion of a subscription contract. A contract regarding the conclusion of a subscription is concluded only upon the express declaration of acceptance by P7S1 Games via email. In the event of a conclusion of a subscription contract, we are authorized to charge your credit card or bank account with the subscription charges plus applicable value-added tax. Deliverables and prices of the subscription are based on the price and service schedule valid at the time of conclusion of the respective contract, which is available at the Website under http://planetside2.eu/pages/free2play. The term of the subscription contract is listed in the service schedule. The term of the subscription shall be automatically extended by the original term until you terminate the subscription pursuant to Sec. XIV. If you do not fulfil your payment obligations, the subscription will be terminated automatically and your access to the Services shall be limited to the utilization of the "Free2Play" functions.
III. Eligible Users
- The Service offer is applicable exclusively for consumers. A consumer is every natural person that concludes a legal transaction for a purpose that is neither a commercial nor a self-employed activity of such person.
- Eligible Users are persons that have reached their 18th birthday. If you are under the age of 18, valid registration is subject to your parents'/guardian's consent. With your registration you are assuring that you are 18 years of age or are acting with the consent of your parents/guardian. P7S1 Games is authorized to request written confirmation of your age or of your parents'/guardian's declaration of consent.
- A utilization of Services for commercial purposes is not permitted. Participation in Services is solely for entertainment purposes.
IV. Registration and Conclusion of the Contract
- After registration on the Website you may set up your personal User account (hereinafter referred to as "Account"). The activation of your Account as the first act of performance is deemed to constitute acceptance of your offer for conclusion of a Utilization Agreement on the part of P7S1 Games. The Utilization Agreement is therewith concluded.
- After registration on the Website you will receive a confirmation link, which will be sent to the email address indicated during your registration. Please confirm this confirmation link to verify your email address.
- Every Account is linked to an individual email address. There is no limitation on the number of Accounts, i.e. you may set up an unlimited number of Accounts, whereas an independent email address must be used for each Account. You may use your respective Account for all games within the Services of P7S1. As soon as you have created your respective Account and registered with the corresponding email address for a new game, but use different User data than the data for your respective Account, you will not be able to continue with the new registration. You will then be prompted to register for the new game using the User data of your respective Account.
- You are obligated to provide correct and complete information for the data requested during registration. During registration you are in particular obligated to provide an email address at which you can actually be reached. If you provide untrue information (e.g. regarding the country of origin), P7S1 Games is authorized to terminate the Utilization Agreement at any time and to delete your Account. You do not have a right to a specific user name or specific password, and you do not have a right to the conclusion of a Utilization Agreement or a contract for individual Services. You may change your password once registration is complete, and you should change your password regularly to increase password safety. Please ensure that the information provided during registration is always up to date.
- During registration you will chose a member name, which will be used to guide you within the Services. Member names with pornographic, racist, inciting, war glorifying, violence glorifying, insulting or other illegal content are prohibited. A violation will authorize P7S1 Games to immediate termination without notice and to deletion of your Account.
- Upon registration you grant your consent that the content that you add to the Website can be made accessible to other users of the Website.
V. Services subject to charges: acquisition of SevenCash and features
- SevenCash (hereinafter referred to as "SC") is a virtual currency for the acquisition of virtual goods (hereinafter referred to as "Items") for use in the Services. You can furthermore use SC to purchase service-related functions ("Features"), e.g. downloadable content ("DLC") or additional packs ("Expansion Packs"). You can purchase SC in various quantities against payment of commensurate amounts in your national currency. P7S1 Games may also offer you the opportunity of purchasing various quantities of Features against payment of a commensurate amount in your national currency. Neither SC, Features nor Items are goods in terms of Sec. 90 BGB (German Civil Code). Therefore we are not transferring ownership in them but only a utilization right. The scope and duration of the granted utilization right depend on the respective Item, Features or the corresponding conditions for SC.
- Depending on your creditworthiness and country of origin, P7S1 Games offers a variety of payment options to you, for example direct debiting or payment by credit card. You are not entitled to use specific payment options that are not already being offered.
- P7S1 Games may offer additional, alternative payment methods to you, which involve third party services and which may demand other services in return than monetary payments. If you utilize such third party services, a separate contract is concluded between you and the third party. The terms and conditions of the third party may be included in such contracts. We cannot influence the content of such terms and conditions and usually also have no knowledge of the content of such terms and conditions.
- The Services may require different technical equipment (e.g. graphics card, browser, etc.) in order to use them without interference. The Services must be used exclusively via PCs. Pursuant to the information on the Website (e.g. within the FAQs under http://planetside2.eu/pages/faq), Mac users may be unable to use the Services. We recommend testing the Services prior to purchasing SC, subscriptions, or Features in order to determine whether you are fulfilling the technical conditions for a failure-free use of the Services.
- The Items and/or Features acquired by using SC are not transferable and cannot be exchanged for SC. Items and/or Features that can be used in the online game may be subject to time limits and will expire once the time has elapsed. The corresponding time limits are clearly indicated during purchase.
- Children under the age of 7 are excluded from using Services subject to charges. In the event that you are older than 7 but younger than 18, you need your parents'/guardian's consent or pocket money that has been provided by them for free disposal in order to purchase SC, subscriptions, and/or Features. Therefore, P7S1 Games will permit only the acquisition of SC, Features and/or subscriptions up to an amount of EUR 60/month without the consent of your parents/guardian.
- Due to the continuous enhancement of "PlanetSide2", we reserve the right to offer new Services and/or Items and/or to remove such from the offer, to modify them or to provide them free of charge. You agree that P7S1 and our licensors may modify the games continuously and add, delete, reintroduce, or modify Services as well as Items. You also agree that P7S1 and our licensors can and will modify features, functionalities or capabilities of each game element or Item at their own discretion (among other things this may cause a significant increase or decrease of the effectiveness and functionality of Items, change the distribution of Items or completely remove Items). Insofar as you have already made payments for Items and/or Services for a future time and if you are no longer able to use them due to the above-mentioned reasons or if they are offered for use free of charge, then we will at your choice either offer alternative other Items and/or Services and/or reimburse the amount paid on a pro-rated basis. Any other claims in this regard are excluded.
- P7S1 Games is authorized to reduce the prices for SC, Items, Features and/or Services either permanently or for a limited time and/or to permanently or for a limited time offer new products, services or payment options. P7S1 will inform you by email of any price changes for the subscription Services. The changes are deemed to be accepted by you if you do not object to the price changes, either in full or in part, in writing or by email within six weeks after receipt of the price change information. In that email, we will expressly inform the email recipient of the consequences of its reaction. Regardless thereof, the User may also assert its termination right as described in Sec. XIV.
- In case of default, P7S1 Games is authorized to demand default interest in the statutory amount, to stop services, and to immediately and temporarily block your User Account. In this case, P7S1 Games' extraordinary termination of the Utilization Agreement may be possible subject to Sec. XIV No. 5 b.
- If, due to a lack of funds caused by you or due to your fault, we incur return debits and/or cancellation charges due to a retroactive cancellation of debit memos, you will bear the related costs. We are authorized to request these costs together with the original payment from the account indicated by you by way of repeated debit charge. If payment was made by direct debit or credit card and if return debits are incurred, we will charge a flat fee in the amount of EUR 10.00, which corresponds to the expenses charged to us by third parties. You are free to prove that the claimed damage was not incurred or is significantly lower than the flat fee. Our right to assert additional claims for compensation remains unaffected.
- You may offset only undisputed or legally ascertained counter-claims against P7S1 Games. You may assert your right of retention only if your counter-claim is based on the same contractual relationship. An assignment of your claims against P7S1 Games to third parties is excluded.
VI. Right to Cancel
INFORMATION ABOUT YOUR RIGHT TO CANCEL
Insofar as you are using a Service subject to charges pursuant to Section V (acquisition of SevenCash or Features using real currency), or insofar as you are concluding a sub-scription pursuant to Section II (9), you have the right to cancel your contractual state-ment in writing (e.g. by mail, fax, e-mail) within 14 days without stating reasons. This time limit commences upon receipt of these instructions in text form, however not prior to conclusion of the contract nor prior to fulfilment of our obligation to inform pursuant to Section 246 (2) in connection with Section 1 (1) and (2) Introductory Act to the German Civil Code (EGBGB) as well as our obligations pursuant to Section 312g (1) clause 1 BGB (German Civil Code) in connection with Section 246 (3) Introductory Act to the German Civil Code (EGBGB). The timely dispatch of the cancellation suffices for compliance with the time limit. The cancellation must be addressed to:
ProSiebenSat.1 Games GmbH
85774 Unterföhring, Germany
Fax: +49 89 9507 - 8866
Consequences of a Cancellation
In the event of a valid cancellation, all services received by both parties must be returned and any possible advantage derived thereof (e.g. interest) must be returned. If you are unable to return the services received either in full or in part, or return them to us only in a deteriorated condition, then you may possibly be obligated to provide compensation for lost value in this regard. This may result in you having to fulfil the contractual payment obligations for the time period up to the time of cancellation.
Obligations to reimburse payments must be fulfilled within 30 days. For you, this time limit commences upon dispatch of your declaration to cancel, and for us it commences upon receipt of such.
Special note: your right to cancel expires prematurely if the contract is completely fulfilled by both parties upon your express request before your right to cancel has been asserted.
END OF INFORMATION ABOUT YOUR RIGHT TO CANCEL
VII. General Conditions for Use and Restrictions
- You may use your member name and password to a server or on the Website to log in to Services. The automated creation of and/or logging in to User Accounts is not permitted. You must use exclusively the official client of "PlanetSide2" provided by P7S1 Games to connect to the servers. You may not create, support, host, link, or provide any other options through which others may play the game, e.g. server emulators.
- You are not authorized to use measures, mechanisms, or software in connection with the Website or the client or other software and services provided by P7S1 Games, which might interfere with the function and game play. You may not take any measures that may cause unreasonable or excessive loads on the technical capacities of P7S1 Games.
- You are expressly prohibited from adding game software elements or modifying, deleting, or in any way changing elements of the game software without our express prior written consent. You are in particular prohibited from copying, removing, or otherwise utilizing graphic elements, or from attempting to decode the source code for the Services.
- You may not have executed or execute software or hardware supported by third party applications that allows you to influence the game status or the game process or to receive services that are otherwise subject to charges. You are therefore in particular prohibited from acquiring services subject to charges or other advantages, e.g. the systematic or automatic control of the game or individual game functions, by using third party software or other applications (in particular so-called bots, hacks, or cheats).
- You are expressly prohibited from selling, purchasing, leasing, renting, offering, accepting, distributing or reproducing virtual objects or the virtual currency (SC) within and/or outside of the game – in any form whatsoever – insofar as no service in return is demanded or service in return is demanded in shape of other virtual objects or virtual currency for the same game. If virtual currencies or virtual objects are traded or exchanged on a large-scale within the game, without any comparable counter-value being provided within the game, we will assume a violation of this prohibition. In such a case you are authorized to provide counter-evidence. This prohibition is to support P7S1 Games' pursuit that game content and any asset and status positions within the game are not commercialized in order to ensure that Users of Services act only for entertainment. A violation of the above disposal prohibition will result in an immediate blocking of your Account.
- You are furthermore obligated to comply with statutory stipulations during all use of the games. You are in particular prohibited from distributing any content with pornographic, racist, insulting, violence glorifying, war glorifying, or other illegal references as well as contents that may violate third party rights. You are also prohibited from distributing commercial advertisement for third party products or programs or third party work protected by copyrights or other rights in an unauthorized manner.
VIII. User's Obligations and Duties, Indemnification
- Your main obligation is the payment of charges possibly due for the use of Services subject to charges.
- Another significant obligation is the provision of proper and complete information regarding all data requested by P7S1 Games during your registration.
- You may not transfer your Account to other persons without the prior written consent of P7S1 Games. A transfer of your Account against payment is not permitted.
- You are prohibited from disclosing your password to third parties, even upon request. Neither employees of P7S1 Games nor voluntary participants are authorized to request your password. Dispositions made by an unauthorized third party due to insufficient security of your access data or made by using such access data are your responsibility.
- In case of password misuse, P7S1 Games is authorized to take all required protective measures. This also includes a (temporary) block of your Services and your User Account. In such a case P7S1 Games is also authorized to change your log-in data and to inform you of such change. In such a case and upon request you will be informed of the new log-in data within an appropriate time period.
- You understand that in "PlanetSide2" you play with numerous other Users or can communicate using the Services. Game rules must be followed to ensure flourishing interplay. You will therefore follow the instructions of P7S1 Games, represented by the game managers in the Services. You will furthermore refrain from doing anything that may interrupt operation of the Services. In this regard you are in particular prohibited from adding illegal or immoral content to the Services or transmitting such through the Services. You may not refer to offers with such content, with the exception of private messages (IM, email; not in forums or the global chat) to support or game management, insofar as your message serves to remove such content and insofar as such content is located within the scope of responsibility of P7S1 Games.
- You indemnify P7S1 Games from any and all claims that other Users or other third parties assert vis-à-vis P7S1 Games due to infringement of their rights caused by content added by you or due to an illegal utilization of the Services or content provided there. In such a case you will accept the costs for a required legal defence of P7S1 Games, to include any and all court and attorney's fees in the statutory amount. This does not apply if you are not responsible for the infringement. In the event of an availment by third parties, you are furthermore obligated to immediately provide P7S1 Games all, complete, and truthful information required for a review of the claims and a defence.
- P7S1 Games secures all systems controlled by P7S1 Games against virus attacks. However, a virus attack cannot be completely excluded. It can also not be excluded that third parties send unauthorized emails using the name of P7S1 Games, which may for example contain viruses or other harmful software. P7S1 Games has no influence on such conduct. We therefore recommend that you protect your PC against viruses using appropriate software and in particular that you scan all incoming emails for viruses, even if such emails seem to be coming from P7S1 Games.
- P7S1 Games will preferably communicate with you by email and will use the email address that you registered in your User Account. You must ensure that emails sent to that address can reach you. In particular, you must set up all spam filters in such a way that emails from P7S1 Games are not accidentally blocked.
IX. Responsibility for Third Party Content, Links
- Among other things, P7S1 Games offers you Services that allow you to publish your own content, in particular in form of text, photos, and graphics (hereinafter referred to as "User Content") via the Services of the Website; you are granting P7S1 Games all rights required for utilization. P7S1 Games may process User Content only if and insofar as this is required for technical reasons for faultless rendering on the Website. Other utilization rights are expressly not granted. You may remove the content and information generated by you at any time. Any and all rights of P7S1 Games in any content affected by such removal are void upon such removal. You are exclusively responsible for the User Content.
- You are obligated to not violate applicable regulations or third party rights during the utilization of the Services. You shall ensure that the content distributed by you does not infringe any third party rights (e.g. copyrights, patents, trade marks, or other property rights, rights to the personal image, and other personal rights); that you comply with applicable regulations, for example criminal law and youth protection laws, and that you in particular do not distribute content with racist, pornographic, obscene, insulting, or other content that is unsuitable for minors. You are furthermore obligated to observe the privacy of third parties, to not distribute mass mailings as well as unsolicited advertisement, and to refrain from doing anything that may risk the service and availability of Services. If you violate this section, P7S1 Games is authorized to give you a warning and to exclude you from utilizing Services for a specific time period or – in case of severe violations – permanently.
- P7S1 Games only provides the technical platform for publication of User Content. P7S1 Games is not responsible for third party content or information to which P7S1 Games only provides access or which P7S1 Games forwards without changing the content. The same applies to the unmodified interim storage of third party information. P7S1 Games informs you that P7S1 Games only reviews content if We have been informed of its illegality. P7S1 Games expressly requests that you report illegal content by email to email@example.com.
- Subject to the express written permission by P7S1 Games as rendered on the Website, adding references (hereinafter referred to as "Links") to external websites and information sources as well as links and other connections (e.g. buttons) on the Website or Services is prohibited on principle. Non-activated web addresses (URLs) and parts thereof are also deemed to be Links. If you culpably violate this section and do not rectify the infringement despite request, P7S1 Games is authorized to exclude you from utilizing Services for a specific time period or – in case of severe violations – permanently.
- P7S1 Games is authorized to forward data and content of the Users to third parties and/or to delete such insofar as this is permitted by statutory regulations or insofar as is requested by instructions issued by a court or official authorities. The same applies to the disclosure of User data. P7S1 Games is furthermore authorized to delete contents insofar as such violate the above-mentioned requirements.
- You are not entitled to any claims for reimbursement of SC in the event of a permanent exclusion from utilization of the Services due to the above-mentioned provisions.
- You are not entitled to recovery of legitimately deleted content. Also, there is no such entitlement if recovery is impossible for technical reasons.
X. Technical Restrictions
- You understand that the Services offered by P7S1 Games may be subject to technical restrictions. This applies in particular to the maximum storage capacity or the maximum size of files and the maximum number of messages and publications.
XI. Software, Copyrights
- P7S1 Games provides software (e.g. the client) to you within the scope of the Services. For the duration of the utilization of Services, P7S1 Games grants you the nonexclusive right to use the software within the scope of a non-commercial use on a single user PC. You may create copies of this software only for the purpose of backup and archiving for personal reasons, unless P7S1 Games expressly allows you the transfer of the software. In copies of the software you are obligated to maintain intellectual property right notices embedded in that software and to comply with pertinent laws for the utilization of software.
- You are not permitted to copy, distribute, sell, auction, lease, rent, grant, modify, create derivative works of, produce, process, translate, list, exhibit, sublicense, or altogether transfer the game or the software in full or in part (with the exception of a possibly required backup copy). You are not permitted to reproduce the game or the software against payment or to make the software accessible to third parties against payment, or to rent or lease the game or the software or the rights therein against payment or to transfer, modify, translate, reverse engineer, decompile or disassemble such to third parties in any other form against payment, or to create other derivative works based on the game or the software.
- The intellectual property rights for any and all contents of the Services as well as any other property rights to the game or the software will remain with P7S1 Games and/or its suppliers and licensors.
- Agreements regarding other licensing conditions for the game or the software, which you may accept prior to using the Services, are not affected by the above regulations.
- P7S1 Games provides you with access to the Services in the respective available version.
- You are not entitled to maintenance or production of a specific condition/functionality of the Services. P7S1 Games reserves the right to update, modify or cancel individual Services. P7S1 Games is in particular authorized to cancel individual language versions of the Services or the Website.
- You understand that the Services – just like any software – will never be completely free from defects. Services are therefore deemed to be defective only if it is difficult or permanently impossible to play or use the Services.
- Prior to reporting a possible error, you must consult the game or service instructions and, if necessary, other assistance for troubleshooting (in particular lists with FAQs, discussion forums for problems) provided by P7S1 Games. You are obligated to support P7S1 Games in a possible removal of defects by all possible means.
- We are not liable for delays or non-fulfilment due to reasons that are not within our scope of influence. Errors occurring due to external factors, operating errors that are within your scope of responsibility, force majeure or modifications or other manipulations not performed by P7S1 Games are on principle excluded from the warranty.
- Warranties in the legal sense are not accepted by P7S1 Games.
XIII. P7S1 Games' Liability
- P7S1 Games does not accept any liability for information entered by you or for any of your statements. P7S1 Games does not accept any liability for a User's breach of duty vis-à-vis third parties or your own person.
- According to legal stipulations, P7S1 Games as service provider is not obligated to monitor the transmitted or stored information or to research circumstances that suggest illegal activity. However, if P7S1 Games should gain knowledge of illegal contents within the portal, then this content will be removed immediately or access to such content will be blocked and appropriate sanctions upon the User will be reviewed and possibly initiated (also see Sec. IX).
- Insofar as P7S1 Games provides services free of charge, P7S1 Games is not, under any circumstances, liable for any damage except damages caused by gross negligence or intent.
- Insofar as P7S1 Games demands fees for services, P7S1 Games is fully liable in case of intent and gross negligence. In case of ordinary negligence, P7S1 Games is liable only in case of a violation of significant contractual obligations or the violation of a guarantee. Significant contractual obligations, so-called material contractual obligations within the meaning of case law, are obligations that enable the proper fulfilment of the contract and upon the fulfilment of which the User can rely.
- The above limitations of liability do not apply to a liability for injuries of life, body, and health or in the event of the acceptance of a guarantee by P7S1 Games. The liability of P7S1 Games according to the German Product Liability Act and pursuant to the scope of applications of Sec. 44a Telecommunications Act (TKG) is not affected.
- The liability to pay damages in case of infringement of significant contractual obligations is limited to foreseeable damage in each case.
- The typically foreseeable damage in terms of above Sec. XIII 7. amount to max. EUR 50.00 per Account.
- The above limitations or exclusions of liability also apply in terms of the liability of employees, workers, staff members, representatives, and vicarious agents of P7S1 Games, in particular for the benefit of shareholders, staff members, representatives, organs in terms of their personal liability.
- The above regulations do not constitute a modification of the burden of proof to the detriment of the User.
XIV. Termination and Contract Term
- Both parties are entitled to termination for convenience at any time, with a termination period of seven workdays, unless a specific, limited contract term has been agreed upon.
- The service schedule lists the subscription contract term that you have chosen upon conclusion of the subscription contract. The respective term extends automatically by the original term unless you terminate at the latest five work days prior to expiration of the term. The subscription must be terminated via the account management tool on the respective game Website or via direct contact with customer support (available at firstname.lastname@example.org).
- If you terminate the subscription, we will not reimburse fees that have already been paid and We will neither pay out virtual currency which has been credited to your Account in real currency.
- Both parties' right to extraordinary termination for good cause without notice is not affected by the above regulations. P7S1 Games is in particular but not exclusively authorized to terminate for good cause if
- if you default on payments with an amount of at least EUR 10.00 and do not pay despite warning.
- Immediate termination is possible in case of serious violations without requiring prior warning. A serious violation is a violation based on which P7S1 Games cannot be reasonably expected to continue the contract. This is usually the case if:
- you violate criminal law;
- you use the Services in an impermissible manner (see above, e.g. Sec. VII); or
- you provide false data during registration (see above Sec. IV) or during payment of Services subject to charges (see Sec. IV).
- P7S1 Games is entitled to a special termination right if P7S1 Games loses the right to operate "PlanetSide2", e.g. due to the termination of the respective licensing agreement between P7S1 Games and the respective licensor. In that case, P7S1 Games is entitled to extraordinary termination of all contracts pertaining to the operation and utilization of "PlanetSide2" (e.g. Utilization Agreement, contract for the provision and utilization of SC, Items and/or Features) effective at the time of cancellation of the game operation. Other termination rights are not affected. In that case, P7S1 Games will reimburse to you the value of any SC possibly still remaining in your User Account.
XV. Assignment of Rights by P7S1 Games
P7S1 Games is authorized to assign the rights and obligations arising from this contract to a third party. In case of such an assignment you will be entitled to terminate the utilization of the Services of P7S1 Games without complying with any termination notice period. Any SC still available in your User Account at that time will be reimbursed to you.
XVI. Data Protection
- P7S1 Games processes and utilizes User data collected upon conclusion of the contract and within the scope of utilization of the offer, which data is required for the proper fulfilment of the contract, pursuant to the applicable data protection regulations. The data protection policy of P7S1 Games (can be called up at http://www.planetside2.eu/pages/privacy) apply.
- You agree that any and all character data is permanently stored and made available on servers operated by Sony Online Entertainment LLC ("SOE"), 8928 Terman Court, San Diego, CA 92121, USA, and that any and all of your communication within the game (including but not limited to messages that you address to other players or player groups) runs through those servers and can be monitored there. You do not expect any confidentiality regarding the communication and expressly agree to such monitoring of communication sent and received by you.
- P7S1 Games reserves the right to modify or expand these General Terms and Conditions at any time with future effect insofar as this appears to be required and is not to the detriment of the User contrary to good faith. A modification may in particular be necessary to carry out adjustments to a change in the legal situation or to reflect changes of the scope of services regarding the Services. New court decisions are deemed to be changes of the legal situation in terms of this clause.
- The consent for a modification of the contract is deemed to be given unless you object in writing to the modification within six weeks after receipt of the modification announcement or the possibility of acknowledgement upon publication of the modifications.
- P7S1 Games is obligated to notify you of the right to object and the consequences of a failure to object within the modification announcement. Insofar as you object to the modifications, P7S1 Games is authorized to an extraordinary termination of the contract with you in consideration of Sec. XIV (6).
XVIII. Final Provisions
- In the event of your possible commencement of a suit, such suit must either be filed before a German court or the court of the location where you reside.
- The law of the country in which you have your main residence applies to all legal relations arising from the utilization of the Services and any claims in this context, with the exclusion of the provisions regarding the uniform United Nations Convention on Contracts for the International Sale of Goods (CISG).
Version: 31 January 2014