Applies to all types of accounts
(Complying to German right)
§1 Scope of application
Softwareschmiede Markus Zysk (hereinafter "provider") performs all services based exclusively on the following general terms and conditions (TOS).
We hereby expressly object to the applicability of any terms and conditions of the users of the game Omega-Day (hereinafter "user"). Any user terms and conditions shall only apply if the provider has expressly accepted them in writing.
The current TOS applies to all future contracts. The provider will review the TOS regularly and reserves the right to modify or amend the TOS to match the changing demands. In the case of any modifications being done to these Terms, these become legally effective 2 weeks after the publication through the website of the provider in all following legal transactions, except if the user hands in a justified objection in written form within this respite.
Additionally to the TOS, the current game rules apply for Omega-Day. These rules can be amended at any time. The change of game rules apply after their publication. In the case of overlapping regulations with the TOS, the terms of TOS apply.
§2 Proposal and the conclusion of the contract
The proposal of the provider is subject to change and is without obligation. The declaration of acceptance and all definitions about the scope of services standing in contact with the declaration need the written confirmation of the provider to be legally effective. The confirmation may be sent through E-Mail. This regulation also includes the amendments and sub-agreements.
§3 Offered Services
a) Definition of the service
The provider supplies premium membership to multiplayer-online-games as well as playing through sponsors without any further costs.
b) Service provision
The mentioned service is provided in all conscience for the user. The service provision is provided in compliance to the definition of the service. The warranty of the offered services cannot be given in the event of force majeure for which the provider is not responsible. The provider will in one such case try, within their possibilities, to re-establish the prior condition of the service.
c) Amendment of the offered service
The provider reserves the right, to extend, amend and improve the service. The provider is also authorized to lower the amount of offered service. In the case of the diminished service leading to a discrepancy of the balance between the service and the consideration, the user has the right on a fair reduction of the compensation fee. In the case where the parties cannot agree on the amount of reduction, both parties reserve the right to terminate the agreement in written form.
d) Definition of the premium access
An acquired or free of charge premium access allows the user to play the game with an account that has a different service range. The user, by purchasing premium access receives the right to use this service range but does not own the account. In case of a violation, the provider reserves the right to suspend the access to this account as well as free of charge accounts. A premium access that was booked can in one such case transferred to another account in the game. If the user is suspended due to violation of the TOS or the game rules, the premium access cannot be used by this user anymore, but can be transferred to a different player. Refunding of the remaining play time is under no circumstances possible.
e) § Further services
Every user receives additionally to their account access to different communication mediums such as forums, IRC ...
The access to these are subject to their own rules, which can be viewed on the corresponding Pages of these services. If the user violates these rules, the provider reserves the right to deny access to one or more of these services. In case of a grave violation to these rules or the TOS the provider reserves the right to suspend the game account as well.
It is prohibited for the user to impersonate another character in especially these mediums instead of the character the access was gained with.
The additional offerings are only allowed to be used by the person actively participating. Passwords and other access methods to these additional offerings are not to be handed out to outsiders.
f) Termination of the services for the run duration is acquired in advance and cannot be canceled. It ends automatically with the expiration of the acquired run duration. Refunding of the remaining play time is under no circumstances possible.
§4 Right of revocation
The user has the right of withdrawal in distant sale contracts as mentioned in §§ 312 ff. BGB. As provided in this regulation the user has the right of withdrawal within 2 weeks without naming any reasons. The withdrawal must take place through mail. To meet the deadline, the timely mailing to the provider shall suffice.
We would like to point out, that the right of withdrawal expires according to §312d Abs. 3 Nr. 2 BGB, if the provider starts with the execution of the service with the explicit agreement of the user before the end of the deadline or the user has prompted this.
§5 Obligations and duties of the user
a) Accuracy of the Data stated by the user
The user reassures to the provider, that all of the stated data, especially their Name, the Address, the telephone line and the bank details are true as well as complete. The user is obligated to update the necessary data if these change. If the user does not comply with these obligations, the provider reserves the right, after a notice of default has been given to no avail, to terminate the contract without notice or compensation.
b) Obligation of Secrecy
The user is obligated to keep all passwords that are necessary to fulfill and use the contract strictly confidential. If the passwords do get used by a third party, the user is obligated to, carry the resulting costs and possibly pay compensation fees. The provider is unburdened of any claims that are made by the third party due to the breach of this obligation and is cleared explicitly by the user. If the user hands out their password to a third party, they can be excluded from the platform.
c) Further Obligations
The user is obligated, to use the service properly. The provider and the user particularly understands under proper usage of the service:
- Forbearance of any kind of abusive use
- Forbearance of chargeable and illegal actions
- Forbearance of any kind of breach of legal directives
- Compliance to legal and official directives under own responsibility, if deemed necessary for the execution of the contract on the part of the user
- Forbearance of any detraction of expression of opinion of others or the private sphere of third parties
- Forbearance of any endangerment of the security measures of the system
- Forbearance of all activities, that may endanger the data integrity
- Obligation of secrecy for keeping passwords or the immediate change of the password, if the knowledge of a third party about these is feared, strictly confidential
- Ensuring the upholding of decency versus other individuals
- The utilization of ad-blocking software is prohibited, excluded are popup blocker
- Report of other users that break the rules of decency to the administration
- It is prohibited for the user to utilize the platform for advertisement, spam or mockery.
If the user violates any of the obligations as mentioned above, the provider reserves the right to terminate the contract without prior notice.
§6 Authorizations of the Provider
The provider is authorized, to read and control the Data that is supplied and accessed by the user, if the provider assumes, that all or a part of the electronic data is connected to illegal actions, or the content violates the morality. If the data of the user or the utilization of the service is connected to illegal actions, the provider reserves the right, to forward the personal information of the user to the responsible department.
The provider will also be irregularly doing random inspections of the data that was saved by the users on the EDV-System and if there is justified suspicions of a violation warn the user about this violation. If the user does not promptly react to the request of the disposal of the said violation or prove the legitimacy of this, the provider reserves the right to an extraordinary cancellation.
In the case of a grave violation versus the listed game rules that are accessible through the offered access, the provider reserves the right to, after a notice of default has been given to no avail, terminate the agreement on immediate notice and delete the accounts of the user.
a) Conclusion of a Contract
The contract between the provider and the user is concluded by the acceptance of the application as well as the receipt of the payment of the complete, equivalent of the compensation fee depending on the period of the contract, at the provider.
b) Period of Contract
The user has the option to choose between different periods of contract. The contract expires tacitly to the end of its duration.
§7 Extraordinary Termination
The right of both parties to terminate due to justified reasons according to § 626 BGB is unaffected.
A good cause within the meaning of the law is given if:
- the user violates their obligations in accordance with the TOS and a warning notice from the provider results in no action from the user.
A termination due to good cause is only possible within the first 2 weeks after becoming aware of the cause. The termination must be done in written form to be valid, although e-mails are also allowed to be used.
§8 Regulation of Remuneration
The payment in accordance with the selected period of contract has to be done in its full sum and in advance with the conclusion of the agreement. The contractual relationship in case of a free of charge access to the platform in the form of a slim account is unaffected by this regulation.
The provider is not liable for light negligence as long as the breach does not apply to the cardinal obligations and the essential duties of the provider. The cardinal obligations of the provider are the main service obligations, which serve for the proper execution of the contract. Essential duties are the secondary obligations, which are also to be seen as requirements for the proper execution of the contract.
The provider does preclude a guarantee for continuous availability and any claim on compensation, as long as the provider is not responsible for the system failure or has not induced it through gross negligence. Furthermore a compensation is excluded, if the delay of service and/or system failures occur in the event of force majeure or not foreseeable, temporary and by the provider not controllable drawbacks. Under such drawbacks are in particular official directives, strikes, lockouts and legal intra-corporate labor dispute measures to be understood. Furthermore this includes the complete or partial failure of the communication- and network structures as well as gateways of other providers and operators that are needed for the execution of the service. The provider does not accept any liability in the case of any data loss in the data processing system of the provider.
A reimbursement of, if applicable, the fees that were paid in advance in case of a system failure that lies outside the responsibility range of the provider is only to be paid, if the period of the system failure extends over 2 complete business days. The reimbursement can also take place in the form of a free of cost extension of the contract duration for the user. Exempt from exclusion of liability is the liability due to missing warranted properties, the liability of consequential or consequential harm caused by a defect and the liability as defined in the Product Liability Act (§14 ProdHaftG). The liability of the provider is limited to a maximum amount of 36€ depending on the liability case.
§10 Rules within the game
Here are only the main points of rules recorded. The detailed list of rules can be found in the Omega-Day Wiki.
a) Cheating is prohibited. Likewise the use of scripts, bots, or other systems that make an automated operation within the system platform possible or use a direct connection to the server that have more functions then only showing the code transferred. Aiding in cheating is punishable.
b) Every player can without prior notice be excluded from the platform by Administrators. These players are not allowed to recreate new accounts.
c) It is expected to be nice to each other! Users that verbally harass or similar have to bear the consequences that will follow. There is a bad word filter installed for this regulation. Any messages that may contain one or more of these words will be forwarded to administrators. You approve of this if you participate in Omega-Day. According to the discretion of the administrators a temporary ban or a termination of the account can be imposed. This applies in the game, as well as in the connected systems (including TeamSpeak, Forum). Insults, abuse or obvious false claims about these modules can also lead to blockages of the ingame Account.
d) The creation or use of multiple accounts with the intention of gaining an edge versus other players is forbidden (Multiaccounting). In the case of justified suspicions with evidence on our side, the user that is suspected has to disproof the evidence. Noncompliance can result in all accounts that are affected, that serve the purpose to access the game, to be banned.
e) This game is only the platform, on which the players interact with each other. The players carry the responsibility for the content.
f) There is the possibility to reserve a nickname before each round. If this function is deliberately used, to block the name of another player, the reservation can be removed. Furthermore, it could be lead to consequences for the actual access of these person.
h) Targeted actions that serve to manipulate one's own and / or other highscore points are prohibited (pushing). Violation can lead to permanent account suspension.
§11 Publications of Links
The Regional Court of Hamburg decided in its judgment of 12th May 1998 that the inclusion of a link might lead to co-liability for the contents of the linked site. The Regional Court stated that this could only be avoided by expressly dissociating oneself from such contents. We have linked other websites in some cases on our internet pages. For all these links the following applies: We would like to explicitly point out that we have no influence or whatsoever on the composition and the content of these linked websites. Due to this we dissociate ourselves EXPLICITLY from all the contents of all linked websites from our homepage. This declaration is valid for all links and their contents to which the banners lead, that are affixed on our homepage.
§12 Data protection and copyright
a) All used graphics, scripts, programs, layouts and texts are protected by proprietary right and are subject to the copyright clause. The use of single graphics on clan pages is allowed. Other third party usage needs to be permitted in written form. These permissions can be revoked at any time in case of unwanted utilization.
b) The customer is obligated to the upholding of the clauses and the data protection. Particularly with regard to the data of other customers and the provider.
§13 Title Provisions
The user is provided with the virtual items by the provider. These are not transferred to be the property of the user! It is prohibited for the user to claim to own the virtual currency or objects of the game and to sell these for real consideration. Hereof excluded is the economic system in the game. The user has the service rights that were acquired in their disposition. These can be traded only without any connection to the account in the game.
The user can sell their premium account which then gets transferred to another account, but not an account in the game/forum or virtual objects of the service, because these do not belong to the user.
§14 Customer data
The user has the option to upload data to the server through the user log-in of the presented platform. This data cannot breach the applicable law and harm the trademark right of third parties. This data cannot be obscene, pornographic, denigrating or corruptive versus adolescents. Furthermore this data cannot contain any code that can harm the provider or the other users.
This contract is subject to German legislation provided that the user doesn't violate any laws of their own country.
§16 Final provisions
If one or more of the provisions in these general terms of service should be invalid entirely or partially, the remaining provisions stay unaffected and keep their validity.
a) Applicable law:
For all contracts only German law is applicable under exclusion of applicability of UN Convention on Contracts for the International Sale of Goods
b) Place of fulfillment
Service- and place of fulfillment is Warburg.