General terms and conditions

This game is offered by Natalie Chrost, in the following "operator", Schützenplatz 11D 38461 Danndorf. The services provided in connection with this game are provided solely based on these terms and conditions. These terms and conditions apply to the game which is available under www.equinepassion-browsergame.com, hereinafter referred to as "EquinePassion". The terms and conditions also apply to all other websites that relate to the game "EquinePassion" and are operated by the operator. The services provided within the framework of the games shall be provided exclusively based on these terms and conditions.
These terms and conditions are published when registering or purchasing a premium membership and/or using the respective game and are also published on the game page. They can be viewed there at any time and, as far as technically possible, printed out. They are therefore reasonably visible. Furthermore, these terms and conditions are also stored by the operator. In addition to these terms and conditions, the "EquinePassion" game rules, which are also linked to the website, apply. In the event of any conflict between these terms and conditions and any rules of the game, these terms and conditions shall prevail. This version of the TOS is only applicable for the English version of the game. For the game in German language only the German terms of service are applicable.

1. Scope

The validity of any terms and conditions of the user of the game is hereby expressly objected to.
In addition to these terms and conditions, the privacy policy, which is listed separately and linked on the game page, applies.
The terms and conditions apply to all users of the game. With the conclusion of the license agreement, the user accepts these as binding. This applies regardless of any agreement to the terms and conditions if these terms and conditions were reasonable for the user to perceive. They apply to any use of the game.
The operator offers the game exclusively to consumers within the meaning of § 13 BGB (German Civil Code). The use of the game for commercial purposes is excluded. All persons who are fully contractually capable at the time of registration are eligible to play.
Participation in the game for persons with limited legal capacity (7 years to 17 years) is only possible in the version without premium without the separate consent of the legal guardian.
The conclusion of a paid premium contract for persons with limited legal capacity requires the prior written consent of the parent or guardian. If requested by the support, the corresponding documents will be made available by parents via email. Participants with limited legal capacity may only acquire a premium account through active payment by their legal guardian on the basis of a prior send invoice.

2. Amendment of the terms and conditions of business; transfer of rights and claims

The operator reserves the right to change or amend these terms and conditions with effect for the future at any time if this appears necessary for valid reasons. If the amendment significantly disturbs the contractual balance between the parties, the amendment shall be omitted.
The user will be notified of any changes to these terms and conditions in an appropriate manner. Notification will be given either on the EquinePassion website or by sending an email to the email address provided by the user.
The user can contradict the changes of the trading conditions in writing within two weeks after notification and knowledge possibility.
If the user does not object the revised terms and within a period of two weeks after notification and the possibility of taking note of them towards the operator, the changed or supplemented terms and conditions shall become effective for them.
If the user objects in due time, the operator is entitled to terminate the contract without notice, with the result that the game account is deleted. The original terms and conditions shall continue to apply until the termination of the contract. In this case, the user can demand that already paid premium memberships credit will be refunded proportionately. However, the user shall have no claim to reimbursement of further costs and also no claim for compensation of already expired or already used premium options.
In the notification of the changes, the operator shall draw attention to the possibility of objection and termination, the time limit, and the legal consequences, in particular with regard to failure to object.
The operator is entitled to transfer all license agreements and all agreements on premium options to another natural or legal person. This is done in compliance with the applicable data protection laws. The operator is also entitled to change the ownership structure of the game, even to the extent of a complete change of ownership. The operator will inform you as a user about such a process with a notice period of two months. You retain the right to object to the transfer of contractual relationships. You must address this objection in writing or in text form to the operator. Upon your objection, the operator is entitled to terminate the contractual relationship with you at the time of the relevant change and to completely delete your data and thus also the progress of the game.

3. Services, offers, contents of the contract

The service of the operator consists of the provision of the website of the game and the provision of the game itself. The operator offers the game to users free of charge in a trial version; only the game itself is free of charge; the user themself is responsible for additional costs such as internet access.
The trial version is limited in the range of functions. A complete overview of the functions and limitations can be viewed before logging in. The details of the limitation may change without modification of these GTC. A complete list can always be found before registration.
At any time, the operator offers to purchase two different premium option, a premium membership and a full membership, each with a term of 90, 180 or 360 days. The exact price list as well as the contents of the memberships can be found on the website and will be communicated before the order process. The operator is entitled to carry out special offers, bonuses or discount campaigns. There is no entitlement to conclude any of the premium options at a specific price and for a specific term. The contents of the premium options can only be changed to the advantage of the customer.
After the expiration of a premium option, the account status changes again into a trial membership. In this trial membership the game can still be used, but with the limitation of the communicated trial membership. It is possible that certain functions, features, items, or other content that were used or virtually acquired during any of the premium options membership can no longer be used when downgraded to the trial membership.
The user has the option of extending the term during the existence of any of the premium options or of upgrading the account again at any time after the account has been downgraded to a trial membership by acquiring term credits for a premium option. The devaluation does not delete any functions, features, items or other content acquired while using a premium option, but only makes them inaccessible during the trial membership status.
Use of the game is only open to users who have previously concluded a license agreement with the operator. The use of the game is made possible from the time a license agreement is concluded. For this purpose, the user receives a simple and non-transferable right to use the game either in the trial version or as a premium or full membership. The game and thus the game worlds are constantly updated, adapted, expanded, and changed in order to keep the game interesting for as many users as possible. The user receives only the right to use the game in its current version. The user has no claim to maintain the game in the condition existing at the time the contract was concluded. The game worlds can have different versions.
The operator reserves the right to discontinue the operation of the game or individual game worlds at any time without giving reasons. The operator will announce the discontinuation of the game or a single game world in advance with a reasonable period of notice. The operator also reserves the right to merge game worlds, if this does not affect the user's claims from an ongoing premium option. If individual game worlds are discontinued, the user can decide whether to switch to another game world or terminate the contract with the operator. If a contractual relationship exists for a premium option, a pro-rata refund of the fees paid shall be made in the event of termination. Further claims are waived.
The game is purely fictional, there is no entitlement to virtual money, horses or objects purchased in the game.
When changing accounts between premium options and trial membership, the game world does not change.

4. Conclusion of the license agreement

Membership begins with the conclusion of a license agreement for a game world.
By completing the registration form, the user makes a binding offer to conclude a license agreement concluded for an indefinite period.
The registration is done personally. The prerequisite for registration is the termination of seven years of age as well as no other existing limitation of limited legal capacity within the meaning of § 104ff BGB (German Civil Code). Registration for player below the age of the 18 requires the consent of a parent or guardian. If the consent is withdrawn, the operator is entitled to terminate the membership immediately and to block access. The operator has at any time the right to demand a written declaration of consent of the legal guardian, also setting a deadline before blocking access to the account.
The user is prohibited from transferring the license agreement and/or a premium option to a third person (except for legal guardians towards their children). In the event of a violation of this provision (account transfer), the operator is entitled to terminate a premium option without notice. In this case a proportional refund of the premium option is excluded.
Multiple accounts are explicitly allowed.
Apart from antitrust claims, the user has no claim to the conclusion of a license agreement.
The operator does not consent to the conclusion of a contractual relationship for commercial purposes.

5. Conclusion of premium options

The game can be used at any time in the form of a limited trial membership. At that time, the user is free to conclude a premium option with an extended range of functions. The exact contents of the any of the premium options can be viewed prior to conclusion.
Premium options have a fixed term and are not automatically renewed. Premium options are a one-time payment and not a subscription. The operator reserves the right to discount an early renewal of any premium option. In the event of a premature extension, the additional term is offset against the existing term.
For each account operated by a natural person (see 4 No. 5), a separate premium option must be concluded. Each account can have different terms for premium options, including a mixture of a premium membership or a full membership and is handled like accounts of different natural persons. In the event of repeated and intentionally damaging behaviour, the operator may terminate the agreement without notice and exclude the operator from concluding any contractional relationship with the operator in the future.
After the expiration of the premium option for an account, the affected account will be devalued into a trial membership. A user can thus operate accounts with premium accounts and those without premium accounts.
The only available payment option is paying on a provided invoice. The user will receive an additional email with an invoice as well as an additional message via the game's internal message after conclusion of the binding contract to conclude a premium option. The account automatically receives premium- or full membership status as soon as the invoice is issued. The invoice amount from the sent invoice is to be settled with a period of 7 days from conclusion of the contract and invoice delivery via PayPal to the account of the operator. If a settlement is not made within this period, the operator will set the user a further period of 7 days via email and internal game message. If no payment is made after this period, the premium status will be terminated without notice and withdrawn from the user. At the same time, the respective nonpaid account of the user will be credited with a negative balance of 14 days. In the event of non-payment, no further reminders will be sent by the operator to the user. The contractual relationship is continued based on a trial account. This can lead to restrictions in the user's ability to play.
It is the user's obligation to store a functioning email address in their profile for billing purposes and in particular to observe the spam filter. Invoices are not sent out by standard mail delivery. The user has the option of calling up and printing out the invoice using a suitable program on the PC as well a printer. The same applies to the declaration of revocation sent together with the order email.
If a user concludes a premium option, the account of the player who referred that player using a referrer link will receive a bonus. As a bonus, this account will also receive a premium option amounting to 10% of the respective premium option purchased by the referred user.

6. Revocation instruction

Right of withdrawal

You have the right to revoke the license agreement and the contract for the use of a premium option within fourteen days without giving reasons.

The revocation period begins fourteen days from the day of the conclusion of the contract.

In order to exercise your right of withdrawal, you must inform the operator (Natalie Chrost Schützenplatz 11D 38461 Danndorf, support@equinepassion-browsergame.com) by means of a clear declaration (e.g. an email or a letter sent by post) of your conclusion to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory.

To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you have revoked this agreement, the operator shall reimburse you immediately and no later than fourteen days from the date on which the operator received notification of your revocation of this agreement for all payments received by them from you, including delivery charges (excluding additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by the operator). The operator will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will the operator charge you for this refund.

End of the revocation instruction

Sample withdrawal form

(If you want to cancel this contract, please fill out this form and send it back.)

To Natalie Chrost Schützenplatz 11D 38461 Danndorf, support@equinepassion-browsergame.com

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) /the provision of the following services (*)

Ordered on (*)/received on (*)
Name(s) of consumer(s)
Address of consumer(s)

Signature of consumer(s) (only for paper communication)

Date

(*) Delete as applicable.

Special instructions:

The right of withdrawal expires prematurely for contracts for the delivery of digital content not on a physical data carrier, if the operator has begun with the execution of the contract, after the user

1. expressly agreed that the operator may commence execution of the contract before the expiry of the withdrawal period; and
2. has confirmed their knowledge that they lose their right of revocation through their consent with the commencement of the execution of the contract.

7. Obligations of the user

The user undertakes to comply with the laws and regulations applicable to them when using the game. They undertake to comply with the applicable rules of the game.
Furthermore, they undertake to refrain from the following actions:

With the game, the operator merely provides a platform for communication between the players. The user themself is responsible for the content of this communication. The platform is only used for game-related communication.
The user is only entitled to use the game via standard web browsers. Any further use of additional programs, scripts or other aids is expressly prohibited.
If the above rule is disregarded, the operator reserves the right to terminate the license agreement and any existing premium agreement without notice. In this case, the operator will reimburse the player for proportionate premium times. If the disruption occurs massively and in violation of the applicable laws or if there is a disruption and harassment of third parties in the game which led or could lead to damage to the operator, the operator is entitled to terminate without notice and without reimbursement of any remaining term.
The operator reserves the right to prohibit the user from re-registering for the game in the future after a permanent blocking or deletion of the game account or the extraordinary termination of the license agreement. The operator may also use technical means to ensure such blocking.
The user must ensure that their password is kept secret and that it is changed regularly for security reasons. If a third party uses a user's game account after they have accessed the access data because the user has not sufficiently secured it against unauthorized access, the user must allow themself to be treated as if they had acted themself. The user is free to prove that they did not act and that the account was sufficiently secured against unauthorized access.

8. Liability of the operator, defects

The operator shall only be liable for damages resulting from the contractual use of the game and only in cases of intent (including fraudulent intent) and gross negligence. In the event of defects of title, the operator shall only be liable for maliciously concealed defects.
The operator is liable for intent and gross negligence without limitation. She shall also be liable in the event of negligent breach of material contractual obligations. Essential contractual obligations are to be understood as those obligations which enable the proper execution of the contract in the first place, the violation of which endangers the achievement of the purpose of the contract and the fulfilment of which the user may rely on.
The above limitations of liability shall not apply in the event of fraudulent concealment of a defect, injury to life, limb, or health. The liability and obligations of the operator according to the product liability law and § 44a TKG (German Telecommunication Act) remain unaffected by these terms and conditions.
The liability for the restoration of data of the user is limited to the amount of costs necessary to restore the data which would have been lost even with regular and appropriate data backup measures or which can be reconstructed in any other way from machine-readable data material with reasonable effort even in the absence of regular and appropriate data backup measures.
The damages for the violation of essential contractual obligations are limited to the contract-typical, foreseeable damage, unless intent or gross negligence on the part of the operators or unless the injury to life, body or health is affected.
The operator shall make available to the user the use of the game and the websites of the game in the respective existing version. Without prejudice to any claims for defects in the game or the game's websites, the user has no claim to the maintenance or creation of any condition and/or feature of the game or the game's websites.
Guarantees in the legal sense are not assumed by the operator, unless expressly agreed otherwise in writing.

9. Term and termination

The game usage contract is concluded for an indefinite period. A premium option is concluded for the agreed term in each case.
The license agreement can only be terminated if a premium option is not active or under the conditions of § 7.
The right of the parties to terminate the license agreement without notice for good cause remains unaffected by the above provisions. Extraordinary termination without notice for good cause is only permissible if reasons are given.
The termination of the license agreement must be in writing. Email shall be deemed to be written form.

10. Data protection

The operator will treat all personal data, which the user transmits during the business relations, of course strictly confidentially and in compliance with the valid data protection regulations.
For technical reasons it is not possible to participate in the game and the related services without storing the user data. The user agrees to electronic data storage and processing by registering for the purpose of opening a game account or by using the services associated with the games.
If a user wishes the complete deletion of their data, this automatically leads to the deletion of all their accounts, which they have created with the operator and "EquinePassion", and to the termination of the license agreement. In this case, it is not possible to refund a proportion of the premium credit.
In all other respects, the privacy policy, which is also linked on the page of the game, applies.
Legally guaranteed and unalterable data protection rights of the user are not affected by these terms and conditions or by the separate privacy policy.

11. Rights

The operator makes the game available to the player as a simple right of use for private use. Furthermore, the game or parts thereof may not be reproduced or made publicly accessible on the Internet or via a network or stored on data carriers. They may also not be used or exploited commercially. In addition, editing, decompiling, disassembling and reverse engineering are prohibited unless expressly permitted by law. It is also prohibited to instigate or aid third parties in such acts.
For all content made available by you as a user within the framework of the games, the player grants the operator, free of charge, the simple, spatially unrestricted right to reproduce and make available to the public in connection with the game and all portals of the operator. They guarantee the operator that they own the necessary rights to all uploaded and/or used content so that the operator can offer the game worldwide.
The user indemnifies the operator against all claims, including claims for damages, asserted by other persons or other third parties due to an infringement of their rights by the behaviour of the user or by the content or data posted by the user. The user is obliged to reimburse the operator for the reasonable costs incurred as a result, in particular the costs incurred as a result of any necessary legal defence. All further rights and claims for damages remain unaffected.

12. Applicable law, place of jurisdiction and other matters

The law of the Federal Republic of Germany applies to these terms and conditions and all contracts concluded based on these terms and conditions if this is legally possible. The law of the user's country shall only apply if this is required by mandatory provisions of the home country or if the application of the law of the Federal Republic of Germany would result in a disadvantage for the user in terms of consumer protection. The application of the UN Convention on contracts for the international sale of goods and the conflict of laws rules of German international private law is excluded.
If the user has their residence or habitual abode outside the Federal Republic of Germany, the operator's place of residence is the place of jurisdiction if this is legally possible. This shall also apply if the residence or habitual abode of the user is not known at the time the action is filed.
Should individual provisions of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions.