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1.
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Inclusion of the terms and conditions of use and creating an account
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1.1
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A prerequisite for making use of the browser game is for the user to register at the above-mentioned website, during the course of which the user needs
to undertake to agree to these terms and conditions of use. Following successful registration, a user account is set up for the user (hereinafter referred to as "account").
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1.2
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The user shall not have any claim to register and take part, and may be turned down by DITOGAMES without any reasons being given. Only natural persons
are permitted to register, and users may only register personally and may not be registered by a third party, in particular not by any party undertaking
the registration of individuals commercially on behalf of various telemedia service providers (registration services). It is not permitted to register
and use the browser game for commercial purposes or any other trading purposes.
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1.3
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The user shall be obliged to choose a secure password, and protect it from unauthorised access by third parties. The user shall be responsible for the security
of the password.
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1.4
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The user undertakes only to use one account at a time. So-called "multi-accounting", i.e. creating or using further accounts in order to thereby create benefits
for another account in the game is not permitted. DITOGAMES is entitled to assume a case of "multi-accounting" if several accounts log in via the same IP
address over a significant period of time without any interruptions or only with few interruptions.
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1.5
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The account is not transferable without DITOGAMES's express consent. So-called "power-levelling", i.e. letting a third party use the account temporarily
(e.g. by passing on the password), so that the latter can take the account to a certain level in a given game in return for money, is not permitted. Passing
on passwords to third parties, as well as using the log-in data of other users for other purposes is likewise not permitted.
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1.6
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DITOGAMES is entitled, in individual cases, to block the account or individual functions of the account if the user violates the obligations arising from
Clause 1.4 or Clause 3. In such a case, DITOGAMES shall initially block the account or the corresponding functions, i.e. the further use of the account
will be technically disabled. DITOGAMES will then inform the user about the reason for blocking the account and give him or her the opportunity to respond.
As long as the breach of duty persists, the account will continue to remain blocked. Should the user prove that the breach of duty has been remedied (e.g. that
an insulting statement has been removed) or that no breach of duty existed, DITOGAMES shall lift the block no later than 72 hours after being presented with
such evidence. In the case of an account block, the user is not permitted to register under any other name. DITOGAMES's right to terminate the use
relationship (e.g. in the case of repeated breaches of duty) shall not be affected thereby.
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2.
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Specification of services
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2.1
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DITOGAMES makes the browser game available to users on servers that can be accessed via the above-mentioned website. The browser game is only accessible
and usable via the current versions, including the mobile versions, of the Firefox, Chrome, Opera, Safari or Internet Explorer browsers. The availability of
the browser game via the Internet (i.e. the basic serviceability and connection to the Internet on the part of the servers of DITOGAMES) is fixed at 90%
across the year on average. When calculating the availability, persistent interruptions that are only brief (i.e. of less than one minute's duration) (even
if the latter make it necessary to log in again), and scheduled or unscheduled maintenance work that is necessary in order to maintain ongoing operation and
the security of it, or to carry out updates or upgrades, are not taken into account, nor are outages due to Acts of God or outages of networks of other
operators, that are beyond DITOGAMES's external firewall connected to the Internet backbone.
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2.2
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The browser game is a real time strategy game, that carries on with other users once the user is no longer logged in. That means that the user can lose scores
and game features achieved (e.g. Vehicles, helicopters, bases) through attacks by other users during his or her absence.
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2.3
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The browser game includes an internal communication system, with which players can communicate with one another during the game by chatting. The user has no
claim to such communication system functioning or to his or her communications or other content being published on that system. DITOGAMES shall in
particular be entitled to impose a writing block upon the user if the latter violates the obligations detailed in Clause 3.3. In this case the consequences
as per Clause 1.6 shall apply accordingly. DITOGAMES does not adopt the content placed there by the user; the user retains all rights in the latter. The
user accepts sole responsibility for the content and contributions introduced by him or her, and undertakes to entirely free and relieve DITOGAMES from
any claims made by third parties in the event of damage caused culpably.
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2.4
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DITOGAMES aims to permanently maintain a game that is as interesting as possible and, in relation to the user's capabilities and participation, thrilling
for as many players as possible with differing capabilities and levels of commitment. For this purpose it is necessary for the browser game to continually
be developed further, and to change over time. For this purpose, it may be necessary for new features to be introduced and for old features or such that are
irrelevant to the actual gaming experience to be removed. Solely DITOGAMES shall take decisions on the latter, and it shall not be obliged to implement any
requests for changes submitted by users. Any add-ons purchased by users shall, however, retain their validity, and may continue to be used, if applicable for
different game features than previously.
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3.
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Code of conduct/obligations on the part of the user
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3.1
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The user is obliged to play the browser game exclusively using the Internet browsers outlined in Clause 2.1. The use of software, browser plug-ins (i.e.
programs that extend the functionality of web browsers), bots (i.e. computer programs that execute tasks that are largely repeated independently, without,
in that respect, relying upon an interaction with a human user), macros (i.e. the automation of activities on the graphic user interface by recording typical
command sequences and operational steps), or technologies that work in a similar way in order to
(1.) manipulate or change the functioning of the browser game;
(2.) automatically control the browser game; or
(3.) facilitate or replace control by the user is not permitted.
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3.2
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A malfunction of the computer program underlying the browser game (a bug) which leads to either the user receiving benefits or other players suffering
disadvantages may not be exploited by the user and is to be reported to DITOGAMES immediately.
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3.3
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The user is prohibited from using the communication system to publish or disseminate content
violating applicable law
- or infringing trademarks, patents, utility or design models, copyrights, business secrets or other rights of third parties
-, being of a promotional or other commercial type of nature (unless the latter relates to the browser game), is of an
obscene, insulting, libellous, racist or pornographic nature, or falsely arouses the impression of having been provided or supported by DITOGAMES.
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4.
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Copyright
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4.1
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The browser game contains content of various types that is protected under trademark or copyright law or in any other way in favour of DITOGAMES or any
third parties. Unless expressly permitted within the scope of these terms and conditions of use or game and forum rules, the user is not entitled to edit
the browser game, duplicate it, disseminate it, reproduce it publicly, use it for advertising purposes or use the browser game beyond the scope of the
contractually stipulated purpose. The only thing that is permitted is technically necessary duplication for the purpose of browsing, as well as duplication
of individual copies for private use, as long as they do not serve, either directly or indirectly, to fulfil any commercial purposes. Labelling, in particular
copyright endorsements, trademarks, serial numbers, etc., may not be removed, altered or obliterated, also not by suppressing the display of corresponding
features on screen.
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4.2
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The term "content" is understood to mean any data, images, texts, graphics, pieces of music, sounds, sound sequences and videos that are provided by DITOGAMES.
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5.
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Warranty for Defects
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DITOGAMES does not provide any warranty for defects in the browser game, with the exception of liability for losses, which is limited in accordance with
Clause 6 below. It shall be at DITOGAMES's discretion whether and at what point in time (e.g. within the scope of regular updates) defects in the browser
game are remedied.
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6.
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limitation of Liability
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6.1
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The user shall be liable for infringing his or her obligations towards DITOGAMES, in accordance with the statutory provisions, in particular in regard
to compensation for any losses incurred.
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6.2
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DITOGAMES shall have unlimited liability
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6.2.1
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for damage arising from injury to life, the body or the health which is based on a breach of duty by DITOGAMES or a legal representative or vicarious
agent of DITOGAMES;
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6.2.2
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for any losses based on wilful or grossly negligent breach of duty on the part of DITOGAMES or its legal representatives and vicarious agents;
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6.2.3
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for any losses due to the non-existence of warranted properties;
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6.2.4
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for any losses arising from strict liability, in particular in accordance with the Product Liability Act.
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6.3
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DITOGAMES shall not be liable in the remaining cases of losses based on slightly negligent breaches of duty.
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6.4
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The respective limitations of liability of these terms and conditions of use in favour of DITOGAMES shall apply equally to DITOGAMES's representatives
and vicarious agents.
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7.
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Contractual period and termination
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7.1
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The use relationship between DITOGAMES and the user is being concluded for an indefinite period of time. The use relationship can, always without giving
reasons, be terminated by the user at any time with immediate effect and by DITOGAMES within a period of two weeks as from the user receiving the notice
of termination.
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7.2
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DITOGAMES shall be entitled to terminate the agreement extraordinarily, with immediate effect, for a significant reason. A significant reason shall in
particular exist if the user repeatedly infringes his obligations under Clause 1.4 or Clause 3.
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8.
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General/final provisions
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8.1
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Should one of these provisions be invalid, the validity of the other provisions shall not be affected thereby.
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8.2
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DITOGAMES AG reserves the right to alter these terms and conditions of use at any time. The user will be notified of any amendments to these terms
and conditions of use and any other contractual provisions between the user and DITOGAMES, and the latter will be made available in text form (e.g.
at the time of logging in to play the game). Should the user not agree to their validity, as provided for in the notification, DITOGAMES shall
terminate the agreement with the user, giving three months' notice. DITOGAMES shall in particular point out the consequences of the amendments to
the user when notifying the changes.
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8.3
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Swiss law shall govern the contractual relationship. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
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Part B: Add-ons/Services for a fee
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9.
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Specification of services
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9.1
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The browser game contains a virtual game resource, which is necessary in order to be able to make use of some game features (e.g. Expansion of building) that can be acquired by playing the browser game. The game resource can, however, also additionally be purchased as an add-on, which, in the short term, enables
users to equip themselves with further game features, without having to take the in-game steps necessary otherwise.
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9.2
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The use of the game resource (Titanium) for game features cannot be reversed. The game features created by the game resource have no real value whatsoever, and the game
features can be lost during the game (e.g. another player destroys an expanded building).
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9.3
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The game resource and the game features available along with it can only be used in the virtual game world of the browser game that is the subject of these Terms and
Conditions of Use. They cannot be transferred to either other players/accounts or other games of DITOGAMES.
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10.
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Termination / blocking of an account
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10.1
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For users who have purchased add-ons there is an extended period of time for regular termination by DITOGAMES, which, by way of derogation from Clause 7.1,
is three (3) months as from receipt of the notice of termination. Upon receipt of the notice of termination, the opportunity to purchase further add-ons is
blocked, and additional add-ons can no longer be purchased as from this date.
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10.2
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In the event of termination or a justified account block (cf. Clause 1.6), no claims to a refund of the payment for add-ons shall exist, even if the latter
have not yet been converted into game features.
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11.
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Payment
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11.1
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The information on the current rates and the available payment methods can be viewed in the in-game shop.
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11.2
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The fees agreed in each case are due for payment immediately upon concluding the agreement. A credit note for any Titanium purchased shall be
issued once DITOGAMES has ascertained that payment has been received.
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11.3
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Should DITOGAMES be facing chargeback or cancellation fees due to fault on the part of the user (e.g. through insufficient funds in the user's account or due
to false or unauthorised account details being given), the user shall bear any actual costs incurred in connection with the latter.
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12.
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Warranty for Defects
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12.1
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Any bugs in the browser game that are insignificant, because they do not occur during normal play and only have a slight impact upon the functionality of the
browser game, are not to be classified as defects.
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12.2
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DITOGAMES's strict liability under Sec. 536a(1) German Civil Code (BGB) due to defects which already exist as at the date of the agreement being concluded
shall be excluded. Otherwise, the legal position shall be deemed to be the one that applicable law defines. DITOGAMES shall itself decide on the type of
subsequent improvement. As long as they do not concern the basic functionalities of the browser game, defects may in particular be remedied in the course of
regular updates.
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13.
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Liability
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13.1
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By way of derogation from Clause 6.3, in the other cases of losses (i.e. in the cases not falling under Clause 6.2) only the following limitations shall apply,
based on slightly negligent breaches of duty:
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13.1.1
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In the case of cardinal contractual obligations being infringed, DITOGAMES shall only be liable for contractually typical damage. Besides the principal
obligations concerning performance existing in the mutual relationship, any other obligations, the fulfilment of which enable the agreement to be fulfilled
in proper form in the first place and adherence to which the user may usually rely on shall be deemed cardinal obligations.
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13.1.2
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The liability mentioned in Clause 13.1.1. above shall be liable to EUR 200.00 per account.
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13.1.3
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In the event of non-material contractual obligations being infringed, liability on the part of DITOGAMES shall be excluded.
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