Terms & Conditions
1. SCOPE OF THIS AGREEMENT
1.1 The following general terms and conditions (herein referred to as "Terms and Conditions") represent the exclusive basis for the legal relationships established between Sandbox Interactive GmbH, Pappelallee 78, 10437 Berlin, Germany (herein referred to as "Sandbox Interactive" or "we" or "us") and the agreement partners (herein referred to as "Users" or "you"). We provide all Services in connection with our game Albion Online solely based on these Terms and Conditions. We object to the validity of any deviating user conditions, unless we provide express written consent to their validity. Additional documents such as game rules, rules for use, participation requirements and communication rules, such as forum rules (in these Terms and Conditions jointly referred to as "Game Rules") may be published on our Website or in the Game. By his/her participation, the User bindingly accepts these Game Rules. If these Terms and Conditions and the Game Rules are contradictory, these Terms and Conditions supersede the Game Rules, unless the Game Rules provide specifically for a priority ranking over the Terms and Conditions.
1.2 Sandbox Interactive operates an online game and a gaming portal called Albion Online. This gaming portal consists of the website AlbionOnline.com (herein referred to as "Website") and a massively multiplayer online role playing game (herein referred to as "Albion Online", "Game" or together with other services the "Services").
1.3 On our Website we offer a broad range of information about our Game including an online community for the Users. These services include, for example, the possibility of creating a profile page, participating in forums, uploading media such as photographs, texts and participating in online game tournaments or other services (herein referred to as "Community" or "Services").
2. RESTRICTIONS ON THE RIGHT TO PARTICIPATE
2.1 We offer our Services exclusively to consumers. Any use of the services for commercial purposes is prohibited. Participation in the Services is for entertainment purposes only.
2.2 Only persons of legal age or persons whose legal guardians have provided consent to the use are allowed participation. At the time of registration for our Services, the User explicitly guarantees that he is of legal age and of legal capacity, or that his/her legal guardians have provided consent. If the User is a minor, then the legal guardian must provide consent. We are entitled to request at any time written proof of the User's legal age or the written consent of the legal guardian. As soon as a minor uses his/her account after he/she becomes of legal age, then all agreements in connection with him/her concluded before achieving legal age are deemed approved provided he/she does not revoke the approval toward Sandbox Interactive within two weeks upon reaching legal age.
2.3 Expressly barred from participation is any person whose account has previously been barred by Sandbox Interactive in accordance with these Terms and Conditions. This shall also be applicable to accounts registrations accepted by us later on.
3.1 The participation in the Game and Services requires the prior registration and creation of an account. Users can open an account by registering to our Services, either online by filling out the registration form on the Website, in the Game itself, or using the registration function of a social network such as Facebook Login, or by any other website or landing page as available. This is accomplished by filling out a form and providing the information requested therein. In addition, Sandbox Interactive is entitled to use an additional procedure during which the email address of the User will be verified by visiting a confirmation link sent by Sandbox Interactive via email.
3.2 However, Sandbox Interactive reserves the right to reject a User's registration or other request, such as to open an account, or to the participation in the Game or to the use of virtual currency or premium features, without specifying any reason for such rejection.
3.3 User accepts these Terms and Conditions as binding by submitting his/her application. Prior to sending the registration form, the User can print out the Terms and Conditions or save them to a permanent data storage device.
3.4 The agreement as a contract between us and the User is considered valid when we approve the User Application. By sending his/her registration, the User sends an offer to conclude a use agreement with Sandbox Interactive (herein referred to as "User Application"). However, this does not conclude an agreement. The agreement is only concluded upon Sandbox Interactive's acceptance of the User Application. Sandbox Interactive confirms access to the User Application by sending a confirmation email acknowledging receipt of the User Application to the email address provided by the User at the time of registration. The confirmation of receipt is not an acceptance of the User Application. The acceptance of the User Application can be made in connection with the confirmation of access if expressly carried out that way. In addition, the acceptance can be expressly confirmed outside the confirmation of receipt or by the first deed of performance by Sandbox Interactive.
3.5 Sandbox Interactive is entitled but not obliged to verify the accuracy of the User's information. This may be done by Sandbox Interactive requesting documents to prove the identity such as a personal ID card. Sandbox Interactive is entitled to make the creation of an account subject to such verification.
3.6 The User has the opportunity to purchase the premium currency "Gold" through the Services of Sandbox Interactive. Premium currency can, among others, be used to buy premium features (particularly the so called "Premium Status") which will be available to the User for a specific period in the Game. If the User decides to buy such premium features, he will have to pay the full amount due for the entire period in premium currency up-front. It shall be noted that premium features always only apply to a specific game character of the User but never to the User's account as a whole. It shall be noted that an early cancellation of the specific period before its end shall not be possible, as well as a partial or full refund of the premium currency used for the purchase.
3.7 Sandbox Interactive may offer the opportunity to purchase in-game premium features directly through its website and for real money. Users can buy such premium features for a specific period, subject to the fee being paid for the entire period up-front. If a User purchases premium features for a specific period, which is subject to a fee, this concludes a subscription agreement with Sandbox Interactive which shall automatically be renewed for the same period unless the User gives notice to Sandbox Interactive in writing before the end of the period. It shall be noted that an early cancellation of the specific period bought before its end shall not be possible and any claims towards a partial or full refund for premium features bougth shall be deemed invalid from the time the initial agreement was accepted by Sandbox Interactive, unless otherwise specified in these Terms and Conditions.
3.8 Every account is linked to one specific email address. Multiple registrations, as well as the setting up and operation of multiple accounts at our Services are allowed under certain conditions. Prohibited is the use of multiple accounts when being logged into their respective characters at the same time for the purpose of engaging in such activities as direct interaction, trading, any form of cooperation, mutual support outside the designated player islands, guild islands, player cities or guild owned territories. It is further prohibited to use multiple accounts at the same time to jointly engage in any type of player vs. player or player vs. environment combat as well as to jointly engage in gathering in the game world. It is the User's responsibility to remain informed about all rules and guidelines concerning Sandbox Interactive's multi account policy, which may also be outlined in detail within the Game Rules.
4. SERVICES OFFERED BY THIRD PARTIES
4.1 We reserve the right to refer to third party offers or digital media and to cooperate with third party services, and to utilize the services of independent third parties for the Game, such as social networks. Third party services are not provided by Sandbox Interactive. Sandbox Interactive or the third party will identify these services in a suitable manner. Services provided by third parties upon the instruction of Sandbox Interactive are not cosidered third party services.
4.2 Third party offers and services are not subject to these Terms and Conditions. Sandbox Interactive shall not be responsible for third party services. Third party services are potentially subject to their providers' general terms and conditions.
4.3 Applications for mobile devices (herein referred to as "Apps") are generally not directly provided by Sandbox Interactive but by a third party provider (herein referred to as "App Store"). A separate user account with such App Stores may be necessary for the purpose of downloading the Apps. The goal of Sandbox Interactive is to deliver the same gaming experience on all devices including mobile devices. However, due to technical limitations Sandbox Interactive cannot warrant that game scores, graphic quality, sound quality and response times achieved by playing on mobile data connections and/or mobile devices and/or connected devices are completely equivalent to those when playing via stationary data connections and/or stationary devices. Certain functions and contents may not be available.
5. USER'S DUTIES AND OBLIGATIONS:
5.1 The User's primary duty is the payment of any fees that are potentially due and payable. Another primary duty of the User is the duty to ensure the data provided to Sandbox Interactive at the time of the conclusion of the agreement or during the further contractual relationship is accurate and complete. Therefore, the User assures that the information he/she provides about his/her person within the framework of the contractual offer or the conclusion of the agreement or in the continuation of the contractual relationships and other contractual circumstances, specifically the banking information and credit card number, are complete and accurate.
5.2 Sandbox Interactive is not responsible for damages or the loss of data, which can occur on the User's device by installing software that is not from Sandbox Interactive.
5.3 The User is obliged to maintain his/her device in a condition that allows using the Game. Sandbox Interactive provides system requirements and compatibility information to the best of its knowledge. To use the Game, the User's device must comply at least with the minimum system requirements and he/she must have an Internet connection; neither is provided by Sandbox Interactive. Due to the multitude of devices, system configurations, network operators and operating systems, it is impossible for Sandbox Interactive to check and ensure the Game's ability to work in all constellations. Sandbox Interactive recommends the User to consult in addition to the system requirements and compatibility information published by Sandbox Interactive in accordance with the best of its knowledge to consult also discussion forums and lists with frequently asked questions (FAQ) about the Game. It can happen that the Game cannot be used with all devices or the Game may be subject to limitations even if this is not specifically stated in the system requirements and the compatibility information.
6. LIMITS OF USE AND PROHIBITED CONDUCT
6.1 By using the Services, the User must not violate any applicable legal provisions such as the criminal code and youth protection provisions or third party rights and the User assures not to contribute or transmit any illegal or immoral contents to the Game. The User shall especially not use the Game, the Community or Services to distribute content including but not limited to pictures, videos, links, names, words (including member names, character names, guild names, etc.) (i) which contain political, religious, insulting, offensive, violent, inciting or glorify violence or war, sexist, pornographic, obscene or other objectionable matters, especially including racist, right extremist or left extremist content, persons or depictions; (ii) which are suitable to cause serious moral harm to children and young people or which threaten their wellbeing; (iii) which can damage the reputation of Sandbox Interactive; (iv) which are suitable to violate copyrights or other third party rights; or (v) which include or promote advertisements/commercial purposes. In addition, the User agrees not to use any copyrighted or otherwise legally protected (e.g. patents, brands or any other intellectual property rights, the rights on a person's own image and other personal rights or third party rights) terms, names, pictures, videos, music, games, or other material. In case of doubt, the User shall promptly remove any content challenged by us. The User is not allowed to use the Game, the contents of the Game, or the Services in connection with trading of Game contents, kick-backs, reselling of Gold, or promotion competing products to the Services, unless specifically permitted by Sandbox Interactive.
6.2 We are entitled to remove questionable content on our own and to delete any content submitted by the User in violation of the above-mentioned rules and regulations. The User has to respect any applicable laws and regulations, especially with regard to youth protection, data privacy, protection of personal rights, protection against slander and defamation, copyright laws and trademarks.
6.3 Sandbox Interactive is entitled to stop violations against this section. In addition, Sandbox Interactive is entitled to delete the contents of the User. The same applies to definite indications of a violation against these Terms and Conditions or the Game Rules or to contents, which are otherwise illegal. There is no entitlement to the recovery of deleted content. Such claim is also void if the restoration is not possible for technical reasons.
6.4 Therefore, Sandbox Interactive is authorized to implement suitable measures and programs to uncover any contractual violations of Users. Sandbox Interactive reserves the right to check individual actions for plausibility and compatibility with these Terms and Conditions and - if necessary - to stop these actions.
6.5 Sandbox Interactive is entitled to transmit user data and user content to third parties and/or delete these provided it is permitted under legal provisions or mandated by court or government order. The same applies to the disclosure of user information.
6.6 If the User breached the contractual duties, particularly of this section, then Sandbox Interactive is entitled to block the access to the User's account temporarily or permanently. Depending on the severity of the breach, Sandbox Interactive may issue a warning to the user before doing so. By blocking the account, the User loses access to his/her account and the Game.
6.7 Any warning threatening to block the account can be foregone, if there are special circumstances that justify the immediate block of the access in consideration of mutual interests.
6.8 Sandbox Interactive shall notify the User about the reason for the block. Blocking the account includes the right of Sandbox Interactive to remove immediately from the database and the Game all contents and information from the blocked User. Moreover, Sandbox Interactive can resort to other, less stringent measures within the framework of exercising the virtual domiciliary right. Particularly in all cases of violations of this section, Sandbox Interactive can temporarily or permanently 'mute' the User, i.e. block the access to forums or block the option to participate in chats.
6.9 Without the prior express written consent of Sandbox Interactive, any blocked User is prohibited from creating a new account, if his/her account was blocked. If Sandbox Interactive finds that this ban was violated, then Sandbox Interactive has the right to block this account permanently without prior announcement.
6.10 If Sandbox Interactive has the right to block the User's access to the Game, then Sandbox Interactive is also entitled to block the User's access to further Services in connection with the Game (such as forums applicable to this Game, etc.) and vice versa.
6.11 The provisions of this section do not limit the termination right of Sandbox Interactive - particularly the right to terminate effective immediately - in accordance with these Terms and Conditions. In addition, they do not limit the right of Sandbox Interactive to exercise the virtual domiciliary right.
6.12 In case of violation of these Terms and Conditions, we reserve the right to make any further necessary and additional claims, particularly the entitlement to damages.
7. COMMUNICATION AND ACCOUNT DATA
7.1 We will generally communicate with the User by email, unless otherwise specified by these Terms and Conditions or by another agreement with the User. Therefore the User will ensure that he/she can receive all emails sent by us to the address he/she submitted to us at the time of registration or subsequently. The User is responsible for settings and maintenance of the spam filter and for regularly checking all incoming email sent to this address, especially sent from the email addresses firstname.lastname@example.org and email@example.com. Furthermore, Sandbox Interactive shall be entitled to choose any other suitable form of correspondence.
7.2 Users can contact Sandbox Interactive through the media and addresses listed under section 16. For reasons of evidence, Sandbox Interactive recommends that Users communicate any significant matters (such as terminations, complaints, etc) in writing (e.g. by e-mail), provided these Terms and Conditions do not require any other form.
7.3 Sandbox Interactive protects its systems against computer attacks, including but not limited to, hacks, viruses, exploits, etc. Despite all precautions, a computer attack can never be fully excluded. In addition, it may happen that unauthorized third parties send e-mails using the name of Sandbox Interactive without consent of Sandbox Interactive. These e-mails may for example contain viruses or so-called spyware or links to web contents that contain viruses or spyware. These acts are beyond the influence of Sandbox Interactive. Therefore, the User should scan for viruses all incoming e-mails sent under the name of Sandbox Interactive. The same applies to e-mails of other Users.
7.4 The User agrees to treat all access data and all data provided by us for the purpose of accessing the Game, the Community and Services (login, passwords etc.) in a strictly confidential manner and not to disclose them to any third party or allow any third party to use their account unless Sandbox Interactive has approved the transfer of the account in writing.
7.5 The User agrees that he/she will under no circumstances login into the account of any other User.
7.6 If a third party uses an account after gaining possession of the access data because the User did not sufficiently secure these from third party access, then the User must allow being treated as if he/she has acted on his/her own. Sandbox Interactive points out specifically that for security reasons access data should be kept confidential and changed regularly.
7.7 The User will inform us via email without delay if he learns or suspects that an unauthorized third party has gained possession of said access data. The User is solely responsible for the access to and use of his/her account.
7.8 In case of a justifiable suspicion that access data are known to unauthorized third parties and were used by third parties, then for security reasons Sandbox Interactive has the right but it is not obliged to change the access data at its own discretion and without prior notification. Alternatively, Sandbox Interactive has the right to block the account. In the above cases, Sandbox Interactive shall use reasonable efforts to inform the authorized User immediately and upon request about the suspected unauthorized access and it shall provide the new access data within a reasonable time. For security reasons, Sandbox Interactive may require proof of identity before doing so. However, in case the User's email account connected to the Services is compromised, Sandbox Interactive will usually have no means of contacting and communicating with the User. The User has no claim for his/her original access data to be restored.
7.9 The User is not entitled to transfer or sell his/her account to a third party without the prior written consent of Sandbox Interactive. Any transfer consent of Sandbox Interactive does not entitle to transfer an account for a fee or other consideration, unless this has been expressly permitted in such consent. The same applies to individual characters/game figures/avatars, which the User has created within the Game.
8. PROHIBITION OF INTERFERENCE
8.1 The User may not misuse the Game, our Community or Service(s) for illegal or unauthorized purposes.
8.2 The automatic establishment or registration of accounts is not permitted. Automated login is prohibited. Only the official clients and Apps provided by Sandbox Interactive may be used to connect to the servers. The User may not create, support, host, link or provide any other options, which can be used by another person to play the Game, such as server emulators.
8.3 The User is not entitled to use any means, mechanisms or software in connection with the Game or any other Services provided by Sandbox Interactive, which can disturb the function and the Game's process. The use of programs which cause unreasonable or excessive server load, or of any other technical capacities of Sandbox Interactive, are strictly forbidden. In particular, the User is not permitted to block, overwrite or modify the contents generated by Sandbox Interactive unless Sandbox Interactive has permitted it specifically in writing.
8.4 The User is not permitted to add elements to the Game or to change, delete or modify in any other manner any game elements without the express prior written consent of Sandbox Interactive. In particular, the User is not permitted to copy, remove or otherwise utilize any graphic elements or to try to decompile the source code of the Game. This does not apply to the extent that decompiling has been permitted in accordance with Section 69e of the German Copyright Act (UrhG).
8.5 The User will refrain from anything that could endanger the performance and availability of the Game or any other Services.
8.6 The User is not permitted to disseminate commercial advertising for third party products or programs, to send unsolicited mass mails and unsolicited advertising in the Game. The User will honour the privacy of third parties. In addition, the User is not permitted to disseminate in the Game unauthorized any third party work that is protected by copyrights or other rights. Moreover, the User is not allowed to refer to offers with such content.
8.7 Subject to Sandbox Interactive' express written permission published on the Websites or in the Game, it is generally not permitted to insert into the Game any references (in these Terms and Conditions referred to as "Links") to external websites and sources of information and links and other connections (such as buttons). Links are also non-activated web addresses (URLs) and parts thereof.
8.8 The use of multiboxing techniques, that is the use of software or hardware that enables or supports controllling multiple characters in the Game at the same time, in connection with our Services is prohibited.
9. COMMUNITY STANDARDS
9.1 The User knows that when he/she plays, he/she plays and communicates with numerous other players. Compliance with orders by game masters and with any Game Rules is required to allow good interaction. The User acknowledges bindingly such Game Rules. The User will comply with the instructions of Sandbox Interactive represented by the administrators of the Game. Furthermore, the User will refrain from undertaking anything that disturbs operation of the Game and the good interaction of all Users. In particular, it is not allowed to harass other players of the Game or members of our Community.
9.2 Sandbox Interactive points out expressly that customer service representatives and personnel ordered to monitor compliance with Game Rules are not authorized to agree on any changes to the use agreement. This affects specifically hosts, game masters, forum moderators, and customer service representatives.
10. BASIC RULES ABOUT VIRTUAL PROPERTY
10.1 The User understands, accepts and agrees that he has no interest, monetary or otherwise, in any feature or content contained in the Game, including without limitation the account registered to him, in-game/virtual items, in-game/virtual currency, in-game buildings, in-game land or in game characters (all or part of these herein also referred to as "Virtual Property").
10.2 The User is prohibited from selling, purchasing, renting, leasing, offering, accepting, disseminating or copying Virtual Property within and/or outside the Game - in whatever form - to third parties unless expressly permitted by these Terms and Conditions or the Game Rules. A system provided by the Game or by Sandbox Interactive to trade Virtual Property of the Game, constitutes such an exception. In this case, the transfer of Virtual Property from one User to the other is only permitted, if the transfer takes place - no matter if within or outside the Game - without consideration in exchange or if the consideration consists solely of Virtual Property of the Game and these are transferred within the Game itself or by a function provided by the Game. The acquisition of Virtual Property against consideration in any form other than Virtual Property of the Game is expressly prohibited. If the User trades or exchanges Virtual Property in a large-scale without a comparable value obtained within the Game, then it is assumed that the User violates this rule. The User is entitled to provide counter-evidence.
10.3 It is not allowed to use other software or any ancillary means (specifically so-called bots or scripts, hacks or cheats) that modify the Game respective game status. In addition, the User may not offer or promote such software or ancillary means. In particular, the User is prohibited from using third party software or other applications to obtain virtual currency, premium features or other benefits such as the systematic or automatic control of the Game or of individual game functions. The same applies to the intentional utilization of program errors (so-called exploits) for the User's benefit.
10.4 Sandbox Interactive prohibits such actions because it does not intend to commercialize game content and asset and status positions acquired within the Game and it would like to ensure that Users always play in a fair manner. Any violation against prohibitions in sections 10.2 and 10.3 above leads to the immediate block of the User's account
10.5 It is particularly prohibited to use exploits, or any other ancillary means, that enable the User to generate or replicate Virtual Property, for example by exploiting program bugs or technical flaws. The User will not use such exploits, or other ancillary means, and inform Sandbox Interactive should he become aware of them.
10.6 The Virtual Property and Services offered by us in exchange for virtual currency or real money may be discontinued, modified or removed from the User’s account by us at any time in our sole and absolute discretion. We have no obligation to continue making offers available for the redemption of Virtual Property. Sandbox Interactive is entitled to reduce and/or increase the prices for Virtual Property or it may offer new products including vanity items or buffs, Services, or invoicing modalities permanently or only for a limited time.
11. RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHTS OF SANDBOX
11.1 We exercise jurisdiction over the Software and its Community. Violations of these Terms and Conditions, written laws, and/or other rules published on the Website, sandbox may temporarily or permanently exclude the User from the use of the offer and the Software.
11.2 The User allows sandbox to delete or to terminate his/her user account (Community and Software), posts and functions at any time, in particular if the User is in violation of these Terms and Conditions.
11.3 Sandbox Interactive is the exclusive owner of all contents of the Game, and the exclusive owner of the rights related to such content. The content is protected by national and international law and particularly by copyright. The unauthorized dissemination, copying, deletion or any other violation of intellectual property rights and copyrights of Sandbox Interactive are prosecuted under both civil and criminal law.
11.4 Within the framework of the use of the Game, Sandbox Interactive provides in part software to the User (e.g. the game clients). Sandbox Interactive grants the User the non-exclusive right limited to the period of use of the Game for this software within the framework of a non-commercial use on the User's respective device. The User may only copy this software for the purpose of backup and archiving for personal purposes, unless Sandbox Interactive permits the User explicitly the passing on of the software. The User agrees to retain the information about the intellectual property, which is marked on the software, also on copies of the software or in this software and to comply with all laws applicable to the use of the software.
11.5 The User is not permitted to copy the Game or the software in whole or in part (with the exception of any necessary backup copy) or to disseminate, to sell, auction, rent, lease, modify, or develop derived works, to edit, translate, execute, exhibit, sub-license or generally transfer the Game or the software. The User is not permitted to copy the Game or the software for a fee or make it accessible to third parties for a fee and to lease or rent the Game or the software or the rights thereof to third parties against payment of a fee or to transfer it in any other form to third parties for a fee or modify, translate, apply reverse engineering, to decompile or disassemble or to develop any other works derived on the basis of the Game or software.
11.6 Sandbox Interactive retains the rights on the intellectual property of all contents of the Game as well as any other intellectual property rights on the Game or software.
11.7 Any remaining agreements on further licensing provisions for the Game or software, which the User potentially accepts prior to using the Game, shall remain unaffected by the above-referenced provisions.
11.8 Sandbox generally permits the User the revocable right to use the contents of the Game to produce templates for user-generated contents and to disseminate these in a limited manner provided the Game and Sandbox Interactive are not depreciated thereby. This permission expressly does not refer to the source code or any other public elements of the Game and particularly not the logic of the program. Templates refer to game contents, game scenes, characters, texts, places, maps, graphic images, animation, sounds, movies, and works of music and images. In particular, Sandbox Interactive permits and encourages Users to use in-game footage for the creation of videos commented by the User during his/her own game session ("Let's-Play-Videos") and other content that is shared with the public on websites such as YouTube or Twitch.tv, or the use of images from the Game in social networks or fan sites or fan forums. The permission is not applicable in cases where the contents of the Game are used in connection with forbidden trading of Game contents, kick-backs, reselling of Gold, or promotion competing products to the Services. The permission is non-transferable. Sandbox Interactive has the right to revoke this permission at any time. Sandbox further reserves the right to: (a) in special circumstances, request the removal of such content. (b) use the content for its own purposes, for example, for the creation of its own videos or screenshots used in marketing the Game.
12. FURTHER RULES ABOUT VIRTUAL PROPERTY AND PAYABLE CONTENT
12.1 The Game simulates a medieval-style game world including a virtual economy involving virtual items such as virtual currency, items, buildings and land ("Virtual Property" as defined before).
12.2 In connection with the Game, the User can purchase Virtual Property and premium features. The User will be expressly notified if the service is not free and the User will be informed about his/her right of withdrawal (if any).
12.3 Users can acquire Virtual Property, trade Virtual Property with other players and can also lose Virtual Property, including those that might have been purchased for real money, through a number of ways, including but not limited to the items getting destroyed in combat or getting taken over by other Users.
12.4 Users are aware of the risk of losing Virtual Property (including those that might have been purchased for real money) and that there is no obligation for us to replace lost Virtual Property or compensate Users for any such losses.
12.5 Certain Virtual Property may be purchasable for real money. In particular, you may obtain virtual currency for a fee from us for use in connection with the Game.
12.6 Any virtual currency acquired by the User can be exchanged for certain other Virtual Property and/or other premium features that can only be used in the Game. Sandbox Interactive can also offer Users the option to utilize premium features directly in exchange for paying a fee. Sandbox Interactive can offer Users to subscribe to individual or several of the above-referenced Services. Sandbox Interactive informs the User of the respective features, requirements and prices of the Virtual Property or premium features prior to the User's use in the Game or on the Website of Sandbox Interactive.
12.7 Virtual Property and premium features, specifically virtual items and virtual currency, are not material things in accordance with Section 90 of the German Civil Code (BGB), have no monetary value, and are not personal property of the User. Sandbox Interactive does not transfer ownership to their Users but only a right to use. To the extent that the term "Selling" is used in connection with the purchase of virtual currency or premium features or when exchanging virtual currency for premium features, then this specifies the act of granting a right of use. The terms "Buyer", "Seller", "Sale", "Purchase" and similar terms used in conjunction with the Game resp. the Services have accordingly the same meanings. The scope and duration of the granted right of use depend on the type of Virtual Property and the premium feature. The right of use ends at the latest at the time the agreement to use the Game concluded between User and Sandbox Interactive is terminated. Virtual currency is not real money. Moreover, virtual currency is no means of payment or e-money in accordance with the banking laws and specifically in accordance with the Payment Services Regulatory Act (ZAG). Sandbox Interactive prohibits an exchange of this virtual currency into real money. The User cannot exchange into money the virtual currency he/she purchased subject to any constellation regulated in these Terms and Conditions. The same applies to virtual currency the User has won while playing the Game.
12.8 The premium features acquired through virtual currency or real money cannot be changed back to virtual currency or real money subject to any constellation regulated in these Terms and Conditions. Premium features used in the Game can be subject to run-times and expire at the end of this period. The respective effective periods are clearly identified during the purchase.
12.9 The Virtual Property and Services offered by us in exchange for virtual currency may be discontinued, modified or removed from the User's account by us at any time in our sole and absolute discretion. We have no obligation to continue making offers available for the redemption of virtual currency. Sandbox Interactive is entitled to reduce and/or increase the prices for Virtual Property and premium features or it may offer new products including vanity items or buffs, Services, or invoicing modalities permanently or only for a limited time.
12.10 Sandbox Interactive will notify the User by email or within the Game of any subscription price changes. These changes are deemed accepted by the User, if the User has not objected to the price changes in part or in whole in writing or by email within six weeks upon receipt of the information on the price change. In this notification, Sandbox Interactive will inform the User expressly about the consequences of his/her reply. Irrespective thereof, the User can also exercise his/her right to termination as described in these Terms and Conditions.
12.11 We may restrict or terminate the ability of the User to acquire Virtual Property or virtual currency for real money at our sole discretion.
12.12 Sandbox may restrict the award or use of virtual currency and/or Virtual Property based on your country of residence or other factors.
12.13 The sale or trading of Virtual Property and premium featuresoutside of the opportunities the Game provides is prohibited.
12.14 There is no return policy on purchased virtual items.
13. PURCHASES, PAYMENT TERMS, SUBSCRIPTIONS
13.1 The prices as published on the Website of Sandbox Interactive and as specified in the respective shopping carts at the time of the order will apply. Any prices, which may be specified differently on the pages, which are loaded from the cache, are outdated and invalid. Sandbox Interactive is entitled to rescind the agreement if spelling errors and errors in calculation are found on the Websites of Sandbox Interactive or in any offers provided by Sandbox Interactive. If orders are processed through an App Store, then the corresponding terms and conditions apply.
13.2 The User makes an offer to purchase Virtual Property or premium features by selecting the type and quantity on the order site and by clicking the order button of the Game or website, or otherwise of the Game's platform, as the case may be. The agreement on the purchase becomes effective by Sandbox Interactive fulfilling the order and crediting the account for the respective Virtual Property or premium features. Sandbox Interactive decides on the acceptance of the offer within 24 hours subject to the availability of the Game. With regard to the acquisition of Virtual Property or premium features via In-App-Purchase the terms and conditions of the App Store used apply as a matter of priority.
13.3 Any subscription and Virtual Property or premium features the User purchased are credited to his/her personal account. In addition, virtual currency does not expire for as long as the use agreement between User and Sandbox Interactive is in force. Unless explicitly mentioned in these Terms and Conditions, it is not possible to refund credit balances of virtual currency.
13.4 A use fee for the Game accessible with an App may become due and payable prior to the installation of the Game. In addition, even if only played with the use of an app, the Game can include Virtual Property and premium features. Sandbox Interactive can embed third party services of an App Store to enable the purchase of Virtual Property and premium featuresdirectly in the app through the App Store (in these Terms and Conditions referred to as "In-App-Purchase"). The User enters into a purchase agreement with the App Store in the case of an In-App-Purchase. In this case, the User has no right to cancel with regard to Sandbox Interactive.
13.5 The payment for Virtual Property and premium features are to be paid by the User in advance at the time of the final order confirmation by Sandbox Interactive or a payment service provider utilized by Sandbox Interactive. In the event of default, Sandbox Interactive is entitled to charge late fees at the legal amount, to stop Services and to block the User's account. Sandbox Interactive terminating the use agreement effective immediately is considered under the conditions specified in these Terms and Conditions.
13.6 Depending on the User's creditworthiness and the User's country of origin, Sandbox Interactive offers the User various payment options such as account debit or payment by credit card. The User is not entitled to use specific payment methods not already offered. If User utilizes an App Store, then User can only use the payment systems established at the respective App Store.
13.7 The User shall pay all fees if User is at fault or User's account is insufficiently covered and consequently Sandbox Interactive receives charge-backs and/or is charged for cancellations by the later cancellation of debits or credit card collections. Sandbox Interactive is entitled to request from User these expenses together with the original fee and to execute a one-time debit for this amount. If the User is responsible for any reverse charges (e.g. for insufficient funds in the user's account), then the User is obliged to reimburse Sandbox Interactive for any proven, reasonable damage Sandbox Interactive sustained thereby.
13.8 The User can only set-off any fees if the counterclaims against Sandbox Interactive are undisputed or legally determined by a court of law. The User may only exercise the right of retention, if the counterclaim is based on the same contractual relationship. The User's assignment of claims against Sandbox Interactive to any third parties is excluded.
13.9 Sandbox Interactive can offer the User alternative payment methods, by which the User uses third party services and which may require considerations other than monetary payments. To the extent the User utilizes third party services, the User concludes an additional agreement between the User and the corresponding third party. Such agreements may potentially include third party terms and conditions. The contents of these agreements and these terms and conditions are beyond the influence of Sandbox Interactive and Sandbox Interactive has generally no knowledge of these contents.
13.10 The Game can be played via landline connections and mobile data connections. Sandbox Interactive points out specifically that the Game requires in part a high data volume and the User may incur costs payable to the operator of the data connection. The prices for the utilization of data are described in the corresponding provider's description of Services. Sandbox Interactive cannot provide any support in connection therewith.
13.11 In the event of the conclusion of a subscription agreement, Sandbox Interactive is entitled to debit the User's credit card or bank account for the subscription fees plus any applicable value-added-tax. The content of Services and prices of the subscription is specified in the pricing and Services' guide effective at the time of the conclusion of the agreement retrievable at any time on the Website www.albiononline.com or in the Game. The subscription agreement is concluded for the period specified in the contract documents. The duration of the subscription renews itself automatically by the original period unless the User has terminated the subscription. The subscription ends automatically and his/her access to the Game will be restricted to the utilization of the standard non-Premium features, if the User does not meet his/her payment obligations.
13.12 The Game may require different technical equipment (e.g. graphic card, browser, etc.) in order to be able to utilize them without any problems. Sandbox Interactive recommends that the User try out the Services prior to purchasing virtual currency, premium features and/or subscriptions. This way, the User can determine whether his/her device meets the technical requirements for trouble-free use of Services.
13.13 Children under the age of 7 are excluded from the use of the purchased Services. If the User is older than 7 years, but below the age of 18, he/she needs the consent of his/her legal guardian to purchase Virtual Property, premium features and/or subscriptions or he/she needs spending money provided by his/her legal guardian at his/her free disposal. At the time of the purchase, the User explicitly guarantees that he is of legal age and of legal capacity, or that his/her legal guardians have provided consent.
14. GRANT OF RIGHTS TO USER GENERATED CONTENT; RESPONSIBILITY
14.1 The User maintains all rights to content uploaded or otherwise provided by the User. By submitting content to the Game, our Community or Service(s), the User grants us a non-exclusive, revocable license, free of charge, to publicly offer, display, reproduce, publish and distribute worldwide these contents respectively such information and make it accessible to third parties. We are authorized to use or distribute submitted content outside of our Community or Service(s). This provision is not applicable to privat messages or private chat.
14.2 By submitting information, the User acknowledges and accepts that the submitted content in the Game on our Community can be accessed globally through the internet. With the uploading of such information, the User agrees to these conditions.
14.3 The aforementioned license does not generally end at that time when the contract with the User is terminated. This license can be revoked by the User at any time. However, the User agrees that content submitted by the User can in some instances not be removed in order to secure the integrity and well-functioning of the Game. In such cases, Sandbox Interactive is not required to remove the content of the User. Sandbox Interactive will nevertheless do its best to minimize the consequences for the User in this regard. Sandbox Interactive will only edit any contents provided by the User to the extent and if technical reasons require it for the error-free rendition in the Game. Sandbox Interactive does not have any further rights of use on the contents provided by User. The User can remove his/her contents at any time, subject to the restrictions mentioned above. This license expires accordingly once the User deletes the contents from the Game. Sandbox Interactive is not obliged to provide any means for deletion.
14.4 Sandbox Interactive provides Users communication options, which Users can use to communicate with one another.
14.5 We do not have control over the submitted content in the Game, on our Community and Services. We do not evaluate the uploaded content before it is made public.
14.6 Users themselves are responsible for this communication and all other contents (particularly in form of texts, photos and graphic images), which Users publish on the Internet site or in the Game. Sandbox Interactive does not assume any liability for information and statements made by the User. Sandbox Interactive shall not be liable for any User's violations of duty toward any third party or the User himself/herself. For Sandbox Interactive, these contents are third party contents in accordance with Section 8 (1) of the Telemedia Act (TMG). In accordance with legal provisions, as service provider Sandbox Interactive is not obliged to monitor the transmitted or stored information or to search for circumstances, which point toward an illegal activity. Sandbox Interactive does not make the contents its property and it does not acknowledge these. Sandbox Interactive shall not be responsible for the content of linked pages to the extent that Users provide links to other sites operated by third parties. Sandbox Interactive does not check these sites and it expressly distances itself from their contents. If Sandbox Interactive becomes aware of illegal contents through a notification, then Sandbox Interactive will exercise its rights to delete and immediately remove them or it will block access to these contents and it will investigate and perhaps initiate further sanctions against the User.
14.7 Sandbox Interactive merely provides the technical platform to publish the contents provided by Users. Sandbox Interactive is not responsible for third party content or content to which Sandbox Interactive merely negotiates access, or, which Sandbox Interactive forwards unchanged. The same shall apply for the unchanged buffer storage of third party contents. Sandbox Interactive informs the User that Sandbox Interactive reviews only contents if Sandbox Interactive has been notified that the contents are illegal. Sandbox Interactive encourages Users expressly to report any illegal contents to customer Services on firstname.lastname@example.org.
15. TERMINATION OF THE RIGHT OF USE
15.1 The agreements between User and Sandbox Interactive (e.g. use agreement of the account) are concluded for an unspecified time unless otherwise agreed in writing.
15.2 Both parties have the right to terminate the agreements by giving an advance notice of seven working days unless otherwise agreed in writing.
15.3 Any potential subscription agreement is concluded for the period specified in the list of Services for which the User opted at the time of the conclusion of the subscription agreement. The respective term renews itself automatically by the original term if the User does not terminate the agreement no later than five workdays prior to the end of the term. The subscription must be terminated through the account management tool on the respective game Website or through direct contact with customer service (which can be reached under email@example.com).
15.4 If the User terminates the subscription, then Sandbox Interactive will not pay back any fees already paid and it does not pay out in real money any virtual credit balances credited to the User's account subject to any constellation regulated in these Terms and Conditions.
15.5 Sandbox Interactive reserves the right to exercise its virtual domiciliary right at any time.
15.6 The right of the parties to terminate the use agreement at any time for a significant reason effective immediately remains unaffected by the above-referenced provisions. In particular, Sandbox Interactive can terminate this agreement for any significant reason, if (a) the User violates culpably the laws, these Terms and Conditions, the Game Rules and/or use rules for virtual currencies or premium features and the User continues to act in the same or similar manner despite warning letter; (b) the User is in arrears with the payment of fees by at least EUR 10.00 and the User does not pay despite two dunning letters; (c) the User has not utilized his/her account for three months despite reminder; (d) third parties (e.g. social network operators), through the registration function of which the User gains access to his/her account at Sandbox Interactive, requests Sandbox Interactive to delete the user data and/or to undertake any comparable actions; (e) third parties (e.g. social network operators), through the registration function of which the User gains access to his/her account at Sandbox Interactive, limit Sandbox Interactive' access to data.
15.7 Termination effective immediately is permissible in case of serious violations without the need for any advance-warning letter.
15.8 A serious violation is any violation which makes it unreasonable for Sandbox Interactive to keep to the agreement.
15.9 In the following cases, it is unreasonable for Sandbox Interactive to maintain the agreement: (a) if the User violates the criminal code; (b) if the User uses the account or the Game in an impermissible manner; (c) if the User provides false information during registration or during payment of chargeable Services;
15.10 If the User is responsible for the extraordinary termination, then the User is not permitted to create a new account if his/her account was blocked unless he/she has the express prior written permission of Sandbox Interactive. In this case, the User is not permitted to register for the Game to which access was denied to him/her without the express prior written permission of Sandbox Interactive. If Sandbox Interactive finds that this ban was violated, then Sandbox Interactive has the right to block this account permanently without prior announcement.
15.11 If Sandbox Interactive is responsible for the extraordinary termination and the User still has bought virtual currency in his/her account, then Sandbox Interactive will credit the User the virtual currency to another game offered by Sandbox Interactive and chosen by the User. Any repayment in cash is excluded unless the credit for another game of Sandbox Interactive is in an exceptional case unreasonable for the User, e.g. because no equivalent or similar game is offered. In this case, Sandbox Interactive will reimburse the User the full value of any bought virtual currency the User paid and which is still in his/her account. The aforementioned crediting or reimbursement shall only apply in regard to virtual currency that the User has bought directly from Sandbox Interactive. Virtual currency otherwise obtained, for example through in-game trade with other players or other ways designated by the Game, without buying such virtual currency from Sandbox Interactive for real money shall be excluded. Virtual currency bought from Sandbox Interactive shall be deemed to be spent first (first-out), before other virtual currency of the User is spent, regardless of the time when the User has obtained the virtual currency. Bought virtual currency shall be spent in the order of its time of buying (frist-in first-out), that is, the bought virtual currency that the User has held the longest in his account shall be deemed to be spent first. Further claims of the User are excluded unless otherwise specified in these Terms and Conditions.
15.12 Every termination must be in written form, whereby the written form is maintained by e-mail. Upon request, the reasons for extraordinary termination must be disclosed immediately in writing if the termination notice did not specify them already. Any standard termination notice does not require specification of the termination reasons.
16. ADVANCEMENTS, QUALITY AND DEFICIENCIES, ROLL-BACK AND ALPHA/BETA TESTING
16.1 It is in the nature of the offered Game that it is continuously advanced and updated, for example in regard to the specifics of certain characters, such as their individual strengths and weaknesses. Changes can be the result of loading updates, which ensure and improve playability. By changing and advancing the Game, Sandbox Interactive intends to provide users fun with the Game for as long as possible. Therefore, Sandbox Interactive grants the User access to the Game in its available form or version. Changes and advancements can affect system requirements and compatibility requirements. The User has no claim for maintaining or reconstruction of a specific condition of scope of Services of the Game. Any of the user's claims for deficiency, which refer to the technical playability of the Game itself, shall remain unaffected thereby. Due to the continuous advancement of the Game, Sandbox Interactive reserves the right to offer new virtual currencies and premium features and/or to remove them from the offer, to change them or to provide them in the base version. The User consents for Sandbox Interactive and its licensors to change the Game and virtual currencies continuously and to add, delete, re-introduce and change premium features. In addition, the User consents for Sandbox Interactive and its licensors to be able and to change properties, functions, or capacities of every game element or the virtual currencies and premium features at their own discretion (which can improve or reduce the effectiveness and function of premium features significantly, which can change their distribution or which can remove them entirely). If the User paid already for a future period for virtual currency or premium features and he/she can no longer use these for the above-referenced reasons or these are also provided for the basic version, the Sandbox Interactive will offer other virtual currency or premium features for the Game and/or reimburse prorated the User for the amount according to the user's choice. In these cases, the User has the right to terminate the use agreement effective immediately. Further claims of the User are excluded in this context.
16.2 Sandbox Interactive points out that the Game is in accordance with the state of the art but any absence of defects in the Game cannot be guaranteed. For this reasons, the User must take into consideration that the Game does not work flawlessly in each function. Sandbox Interactive tries its best to provide the Game without glitches, which ensure complete playability of the Game. However, any minor software glitches in the Game - as with any software - cannot be completely excluded. The User can only claim any damages for deficiencies in the Game if playability or use is seriously and lastingly impaired.
16.3 The User knows that the Game can be subject to technical limitations. This applies specifically to the maximum memory capacity or maximum size of data and the maximum number of news and publications.
16.4 Sandbox Interactive is entitled to delete data and/or refuse storage of additional data if the technical limits are exceeded and in consideration of the provisions of these Terms and Conditions. Sandbox Interactive will notify the User prior to deleting the data.
16.5 In exceptional cases such as within the framework of updates or error rectifications, it may be required to reset the Game to an earlier status in order to prevent any greater damage (in these Terms and Conditions referred to as "Roll-back"). In this context, the game progress, game score, high scores and achievements/accomplishments, etc. is reset to a corresponding earlier status; any changes in the interim or any developments are lost. Any real money purchases the User made in the period of time between the time when the Roll-Back is initiated and the time that the game system is rolled back to will not be refunded, but instead be given to the User once more as part of the Roll-Back. Further claims of the User are excluded unless otherwise specified in these Terms and Conditions. Sandbox Interactive is entitled but not obliged to grant individual Users a voluntary bonus e.g. in form of virtual currency or premium features. It is at Sandbox Interactive' discretion to grant such a bonus and it does not oblige Sandbox Interactive to grant a bonus during future rollbacks to other Users or the same Users.
16.6 Sandbox Interactive can offer the User for the purpose of testing participation in or use of the Game, game elements, Services and contents not ready to market (in these Terms and Conditions referred to as "Test". Tests can include programming errors - even serious ones - known or unknown to Sandbox Interactive. These may lead to the Game or the user's terminal to crash. Within the framework of Tests, Sandbox Interactive may delete or add contents at any time among others to search for errors and to improve the game experience. Furthermore, it can reset game scores, install backups or create specific game scores. The User is not entitled to the restoration of a specific game status. Sandbox Interactive can extend, shorten any Test in whole or in part at any time.
16.7 The User will always document in a meaningful manner any defects occurring in the Game and the User will specifically report these in writing logging the displayed error messages. Prior to reporting any error, the User should consult the game or service instructions and perhaps any other support for troubleshooting provided by Sandbox Interactive (particularly lists with frequently asked questions, discussion forums about problems). In any possible rectification of defects, the User will support Sandbox Interactive to the best of his/her abilities.
16.8 Excluded from warranty are generally such errors, which occur through external influences such as operating errors by the User, force majeure or any modifications, not carried out by Sandbox Interactive or any other manipulations.
16.9 Sandbox Interactive does not assume any guarantees in a legal sense.
17. CANCELLATION POLICY
17.1 Cancellation Rights
17.1.1 You have the right to cancel this contract without provision of the grounds within fourteen days.
17.1.2 The cancellation term is fourteen days starting on the date of contract conclusion. Please note that for digital content another cancellation term is in place (see paragraph "Special Notice").
17.1.3 In order to exercise your cancellation rights, you must contact us (Sandbox Interactive GmbH, Pappelallee 78, 10437 Berlin, Germany, email: firstname.lastname@example.org) and inform us through an express declaration of your decision to cancel this contract (e.g., a letter sent by post or email). You may hereby use the attached sample cancellation form; this is however not mandatory.
17.1.4 For adherence to the cancellation term it is sufficient that you send the notification regarding your exercising of your cancellation rights prior to the expiry of the cancellation term.
17.2 Consequences of Cancellation
17.2.1 In the event that you should cancel this contract, we shall return all payments that we have received from you including delivery costs (excluding additional costs arising from you selecting a form of delivery other than the standard low cost delivery which we offer), immediately and within fourteen days at the latest from the date that we receive your notification of cancellation of this contract. For this repayment we shall utilise the same payment method that you used for the original transaction, unless any deviating method is expressly agreed with you; in no cases will you be subjected to charges for this repayment.
17.2.2 In the event that you have requested that the Services should start during the cancellation period, you shall be required to pay us a reasonable sum for the proportion of Services already provided up to the point in time that you notify us of your exercising of the cancellation rights in comparison to the full range of Services intended in the contract.
17.3 Special Notice
17.3.1 With the acquisition of digital content the cancellation right shall prematurely expire when the contract between the User and Sandbox is fulfilled in its entirety at the request of the User, before the User exercises his/her right to cancel. In particular, this applies when the User redeems his/her game key for Albion Online or assigns any virtual currencies, items or services to his/her Account.
17.4 Model withdrawal form You may use the following model withdrawal form:
I/we (*) hereby cancel the contract which I/we (*) entered into for the purchase of the following products *()/provision of the following services (*):
Ordered on (*)/received on (*):
Name(s) of consumer(s):
Address of consumer(s):
Signature of consumer(s) (for printed forms only)
(*) Please delete as appropriate Please address to: Sandbox Interactive GmbH, Pappelallee 78, 10437 Berlin email@example.com
18. LIMITATION OF LIABILITY
18.1 If Sandbox Interactive requires payment of a fee for the Services, then Sandbox Interactive shall only have an unlimited liability for damages if it acted wilfully and with gross negligence. In the event of any violation of significant contractual duties, Sandbox Interactive shall also be liable in the event of slight negligence. Significant contractual duties or so-called cardinal duties in accordance with the law are such duties, which only allow proper execution of the agreement and on the fulfilment of them the User can depend.
18.2 To the extent Sandbox Interactive provides free Services, Sandbox Interactive shall only be liable for damage compensation if it caused the damage by gross negligence or wilfully.
18.3 The replacement duty is always limited to the foreseeable damage in case of a violation of significant contractual duties.
18.4 The typical foreseeable damage in accordance with the above-referenced section 18.3 shall be no more than EUR 50.00 per account, or the total payments made by the User to Sandbox Interactive in the past 90 days, whatever the lower. We are entitled to compensate for in-game damages through the provision of additional in-game premium features or Virtual Property.
18.5 The above-referenced liability limitations do not apply to the liability in the event of injury to life, body and health or in case Sandbox Interactive assumed a guarantee or in case of liability in accordance with the Product Liability Act. Sandbox Interactive' liability in accordance with Section § 44a of the German Telecommunication Act (TKG) shall remain unaffected thereby.
18.6 Sandbox Interactive shall be liable for advice only if it concerns a problem with its Game.
18.7 A change of the burden of proof to the disadvantage of the Customer is not connected with the above-referenced regulations.
18.8 On an annual average, Sandbox Interactive guarantees availability of 90% for the Game, beginning with the official release of the Game, and specifically excluding any Tests. Exempt therefrom are periods, during which the server for the Game cannot be reached because of technical or other problems beyond the influence of Sandbox Interactive (e.g. force majeure, culpability of third parties, etc.). The periods during which regular maintenance takes place are also exempt therefrom. Sandbox Interactive can limit access to the Game, if required for the security of the network operation, the maintenance of the network integrity, particularly to avoid any serious malfunctions of the network, software or stored data; these periods are not considered in the calculation of availability. Sandbox Interactive' liability for non-availability of the server shall remain unaffected in the case of intent and gross negligence. The Game may not be retrievable worldwide. Whether the Game can be retrieved fully or in a limited manner may depend on legal regulations and licensing requirements in particular countries. The description of the respective Game may include more details about this situation.
18.9 The above-referenced indemnifications or limitations to liability apply also to the liability of employees, workers, staff members, representatives and agents of Sandbox Interactive, in particular to the benefit of shareholders, employees, freelancers, representatives, company bodies and their members with regard to their personal liability.
19.1 If Sandbox Interactive has to excuse itself for acts or content by Users (e.g., for a copyright infringement), the User shall indemnify Sandbox Interactive against all claims and all necessary expenses incurred in connection with the defence of third party claims.
19.2 Necessary expenses include in particular court and lawyer costs at the statutory rate. 19.3 The User is also obliged to truthfully, promptly and fully inform Sandbox over the infringement and to participate in the defence of the claim.
20. CONDITIONS OF PARTICIPATION FOR CONTESTS AND TOURNAMENTS
20.1 With reference to the Game, Sandbox Interactive can hold competitions, tournaments or sweepstakes.
20.2 As far as in our Community any contests or tournaments will be carried out, separate terms and conditions may apply. The following applies, unless such separate terms and conditions state otherwise.
20.3 Sandbox Interactive does not guarantee the Users any prizes. Users are not entitled to receive the prize in cash unless such entitlement is expressly specified in these Terms and Conditions or the separate terms and conditions. Therefore, any claims to payout of winnings are only valid if such prizes were expressly offered by Sandbox Interactive.
20.4 In addition, there will not be such claim even if Sandbox Interactive finds that the possible claim for the prize could have been created based on manipulation - technical or legal in nature and/or based on generally criminally relevant manipulation.
20.5 By participating in the Game of Sandbox Interactive, the User allows Sandbox Interactive to demand at any time a comprehensive examination with regard to the eligibility of the prize claim and in the meantime to refuse payout of the prize without the User's separate consent.
20.6 The claims are forfeited as well if the User does not comply with the rules of conduct.
20.7 If in doubt, the User has the burden of proof, the User must demonstrate that he/she complied with the rules of the Game. The User knows of his/her burden of proof and acknowledges it expressly even it is potentially not required by law.
21. CHANGE OF THESE CONDITIONS
21.1 We reserve the right to change or amend these Terms and Conditions with regard to future arrangements at any given time, provided this is deemed necessary and if the User is not put at a disadvantage in a breach of good faith.
21.2 The User will be notified in an appropriate manner in writing of the changes made to the Terms and Conditions. As a general rule, such announcements are usually published by a notice prior to a start of the Software. To continue using the Software, the User must actively agree to the changes. The changes are therefore considered as accepted.
21.3 The User can object to the changes made in the Terms and Conditions. In that case both parties are entitled to terminate this agreement. Further claims by the User are considered hereby invalid.
22. DATA PROTECTION
22.1 We process the User's personal data for a specific purpose and pursuant to the statutory provisions.
22.2 The User has the right to receive information on the personal data that has been saved by us about him/her, free of charge. In addition, the User has the right to amend incorrect data, block and delete his/her personal data provided this does not contradict any legal storage obligation.
23. FINAL CLAUSES
23.1 In the event that the User takes legal action, suit must be filed before a German court. The legal place of jurisdiction is Berlin, Germany, in the event that the User changes his/her legal domicile or habitual place of residence to a location outside the Federal Republic of Germany after the contract has been concluded. These conditions also apply if the legal domicile or habitual place of residence is unknown at the time a legal action is filed.
23.2 The law of the Federal Republic of Germany exclusively applies to all contracts concluded by us based on these Terms and Conditions and to any further kind of claims arising thereof; to the exclusion of provisions pertaining to the UN Convention on contracts for the international sale of goods and to the exclusion of German International Private Law.
23.3 If any provisions of these Terms and Conditions are or become invalid or ineffective, the validity of the other provisions shall not be affected.
23.4 If one party delays, waives or fails to enforce his/her rights within the framework of these Terms and Conditions or the party grants deadlines to the other party, then the party does not hinder the applicability of the respective right.
23.5 The User is not entitled to assign to third parties his/her rights under this contractual relationship. Something else applies only if Sandbox Interactive provides its prior consent in writing. Sandbox Interactive is entitled to transfer to a third party any rights and duties under this contractual relationship. The User can terminate the use of the Game effective immediately upon such transfer. Any virtual currency at the time in the User's account will be reimbursed. Such termination right and reimbursement is not applicable in case of a sale of all or substantially all assets by Sandbox Interactive to a third party or in case of a transfer of the rights and duties in the course of a restructuring.
23.6 Any changes or amendments to the use agreement and any side-agreements must be specified in writing. The same shall apply to the change of the written form requirement. The written form requirements do not apply to any changes to these Terms and Conditions.
Effective February 2016