Conditions of Use
General Terms and Conditions PLAYATA
- Scope of Application and Prerequisites for the Free Use of the Game
The following General Terms and Conditions (hereinafter referred to as "GTC") govern the free use of the game, its contents, including any website, application, features and other materials or Services registered or otherwise, offered by Playata GmbH
The use of the Services, webpage, features, content and applications is free of charge in principle. However, the user has the possibility of acquiring the right to use special game contents from third contracting parties against payment, if required. The acquisition of such contents shall be subject to special conditions of use as shown below.
Conflicting conditions of the user shall expressly not be recognized. Access to the Service can only be granted to you if you agree to these GTC. You can view these GTC at any time on the website www.herozerogame.com in the GTC section or print and/or save them for your records.
www.herozerogame.com, the Services, features, content and applications offered are operated by:
Managing Director: Mathias Fabian
Vordere Sterngasse 4-6; 90402 Nürnberg
Commercial Register: Antsgericht München, No 180531
(hereinafter referred to as "Operator" or "Playata")
Details on Playata can be found under the legal notice.
The worldwide marketing of the game including the delivery of virtual game currency against payment and/or other game contents against payment rests with:
European Games Group AG
Board of Directors: Johannes Sevket Gözalan, Andreas Peltret
Wiener Platz 7
Commercial Register: Munich Local Court, HRB 187516
For clarification: European Games Group neither acquires any rights nor enters into any obligations through these GTC. A contract between you and European Games Group shall only come into effect if and to the extent to which you acquire virtual currency or other game contents from European Games Group AG. Such acquisition shall be exclusively subject to the Special Terms of European Games Group, which you can call up here. These GTC do not intend to govern the acquisition of virtual currency or other game contents against payment. In the event of a contradiction between these GTC and the Special Terms of European Games Group AG, the latter shall prevail.
By accepting these GTC, you recognize the version of these GTC that is applicable at the time of acceptance.
These GTC fully replace older versions of the GTC for Hero Zero.
The game contents and Services of PLAYATA are continually further developed, updated and adapted. For this reason, we always recommend to access the latest version of the Services in order to guarantee all features and contents.
The user's connection with the Internet itself, as well as the preconditions that the user's system has to fulfill, particularly the software used, do not fall within the Services of PLAYATA and thus do not form an integral part of these Conditions of Use. The user is himself or herself responsible for ensuring the suitability, up-to-dateness and security of the hardware and software used.
The use of the Services in its basic version is free of charge. However, certain features are only available to paying users (see Clause 5 of these GTC).
PLAYATA provides the user with communication possibilities for own contents and contributions. These include, in particular, official forums on the Internet pages operated by PLAYATA, which the user shall be allowed to access within the scope of their actual availability. In this respect, PLAYATA provides the technical possibilities for information exchange alone. However, an entitlement to the provision of such communication possibilities does not exist.
It is not possible for the operator to exercise direct control over all posted entries. The operator is not in a position to ensure permanent online monitoring of the contributions of the visitors and members. Therefore, he does not assume responsibility for the contents, the accuracy and the form of individual posted entries. As an author, every user shall be personally responsible for his or her entry. The publication of illegal or offensive contributions and/or contributions that are liable to prosecution shall be expressly prohibited. Every user shall at any time be obliged to comply with the existing legal provisions arising, for example, from penal law, youth protection law, trademark law, copyright law and the law on unfair competition. The posting of commercial advertisements in the contributions in any form whatsoever, for example as text, link or by fading in banners, shall equally be prohibited. PLAYATA reserves the right to delete entries and to withdraw the write permission from individual users for a certain period or at all.
Furthermore, the rules of the game pursuant to Clause 7 and the protection of copyrights and rights of third parties pursuant to Clause 9 of these Conditions of Use shall apply.
- Conclusion of Contract and Contents
By registering for and/or using the Services in any manner, the user agrees to these GTC and all other operating rules. If an e-mail address is required in order to register an access the Services, please make sure that the e-mail address belong to the user personally, he or she must be regularly reachable for the duration he or she uses the game incase PLAYATA communicates via e-mail. Accordingly, the use of one-way addresses (so-called trash mails) shall be expressly prohibited. Registration shall only be permitted to natural persons.
In case of registration being part of the process in order to access the Services, the user can choose, within the registration process, an admissible player's name (nickname). The player's name must not violate any rights of third parties or be contrary to accepted principles of morality. An entitlement to the attribution of a special user name does not exist. Inadmissible user names are, in particular, e-mail and Internet addresses and words which do not correspond to the technical requirements (...).
The presentation of our game portal and/or game on the respective websites does not constitute a binding offer. Only by completing the registration form (In case of registration being part of the process in order to access the Services) or installing the Services does the user submit a binding offer to conclude a contract pursuant to Section 145 of the German Civil Code (BGB). To do so, all data fields of the registration form that are marked as necessary are to be duly completed in accordance with Clause 2 Paragraph 1 of these GTC and subsequently to be confirmed by clicking the OK button. As soon as we have received your offer, an automatically dispatched e-mail will be forwarded to the e-mail address you have stated in the registration form. This automatic e-mail confirms that we accept your offer. A contract with PLAYATA does not come into force until the declaration of acceptance of this confirmation e-mail has been received.
The user shall have no entitlement to registration, activation and/or participation in the Services. PLAYATA shall be entitled to refuse a confirmation and/or acceptance of the registration or refuse to offer the Services without giving reasons.
- User's Obligations
By registering for and/or using the Services in any manner, the user assures that he or she is of legal age. To the extent that the user is a minor the latter assures that he or she has obtained the effective consent of the legal representatives when dispatching the application for registration or using the Services. Otherwise, you may not, for any reason and under any circumstance access and/or use any of the Services.
Registration may only take place personally, and must not be performed automatically or by third parties.
In case of registration is part of the process to access the Services, the user undertakes to participate with only one account per game world (server). This means that it shall not be possible for a registered user to open a new account in the same game world (server) unless the previous account has been deleted. The creation and keeping of several accounts in one and the same game world (multi-accounts) is prohibited. Such multi-accounts can be deleted at any time without warning at PLAYATA's own discretion.
By registering for and/or using the Services in any manner, the user undertakes to use his or her account exclusively for private purposes with the intention to use the Service. Commercial use in whatever form shall be expressly prohibited. This prohibition also includes the dissemination of advertisements and other commercial offers.
The account is person-related and expressly not transferable. Therefore, the user undertakes not to transfer his or her account to third parties, neither against payment nor by way of donation.
The user undertakes to keep his or her login data and especially his or her passwords strictly confidential and to protect them against unauthorized access by third parties. What we mean by login data and/or passwords are all letters and/or character and/or number strings used to authenticate the user with the aim to exclude access by unauthorized third parties. The password must not be identical with the player's name and must include a combination of numbers and letters.
The user shall be prohibited from using any type of data of another user.
The user undertakes to address the operator directly if there is a suspicion that third parties have obtained or could obtain the login data. If a suspicion of abuse or a risk of abuse arises, PLAYATA shall be permitted to block the accounts involved temporarily until the suspicion has been eliminated.
Manipulative interventions in the Services are prohibited. These are, in particular, the use of software and mechanisms disturbing the course of the Services or procuring an unfair advantage over the fellow players to the user. The creation and/or use of hacks, mods, cheats, bots, data-mining tools and automated browser plugins, among other things, is prohibited.
The user undertakes to comply with the rules of the game pursuant to Clause 7 of these GTC.
- Duties of PLAYATA
1. PLAYATA shall allow each admitted participant to use the basic Services free of charge.
2. PLAYATA shall guarantee an accessibility of at least 90% of the game contents on an annual average. This refers to the retrievability of the game contents from the server of PLAYATA. PLAYATA shall assume no guarantee with respect to any connection errors by Internet Services providers. Likewise, PLAYATA shall provide no guarantee in the event of interruptions or disturbances needed to carry out maintenance work.
3. PLAYATA undertakes to counteract the risk of data loss through reasonable data backup measures (backups). In case of data loss, it is unfortunately impossible to reproduce game actions carried out after the point in time when the backup was carried out. In relevant cases, PLAYATA shall endeavor to accommodate the users concerned through playful activities in order to make good the damage suffered. However, the users cannot lay claim to such acts of generosity.
- Features, Payments
The creation of an account (when possible) and the use of the basic version of the Services are free of charge. Items and virtual game currency (what is referred to as “in-game currency” such as donuts, stars, diamonds, credits, etc.) can be collected and/or won free of charge in the game. The virtual currency can be used to activate so-called features, i.e. individual Services added to the basic version (hereinafter referred to as "Features"). The exact description and functions of the respective features are shown in detail on the game and/or application website. In addition, there is a possibility of acquiring game currency and certain items from European Games Group AG against payment (but, for clarification, not from PLAYATA).
There is no obligation for the user to acquire virtual game currency and features against payment.
PLAYATA reserves the right to modify or cease to offer the nature, volume and contents of the features, and/or the right to offer them in the free basic version.
Against payment of a consideration, the user has the possibility of receiving special items and virtual game currency (what is referred to as “in-game currency” such as donuts, stars, diamonds, credits, etc.) from European Games Group who shall be the exclusive contracting party at each time. The payment for the virtual game currency and the method of payment are shown in detail on the game and/or application website. When possible, the indicated prices will be final prices including taxes and credit and/or provision (This might change according to the stores policy in each country). The acquisition shall be subject to the Special Terms of European Games Group; in the event of contradictions between this Clause 5 and the Special Terms of European Games Group the latter shall prevail.
European Games Group shall be entitled to request payment for the acquisition of the virtual game currency in advance. The payments for the acquisition of the virtual game currency shall be due immediately when the contract with European Games Group is concluded, i.e. with the user's confirmation of the acquisition of virtual game currency (what is referred to as “in-game currency” such as donuts, stars, diamonds, credits, etc.) within the game.
The payments systems available at each time (e.g. PayPal, credit card, Premium SMS) result from the Special Contractual Terms of European Games Group. The user shall not be entitled to claim that European Games Group AG offer or maintain certain payment systems. Payments are collected in accordance with the user's choice.
At the request of European Games Group, PLAYATA shall be entitled to block the account concerned of the user temporarily as long as the user is in default vis-à-vis European Games Group in respect of the payments for acquired items or virtual game currency. The user's obligation to pay the agreed consideration remains unaffected.
Playing options acquired within the game by means of virtual game currency (e.g. objects, waiting time reductions, energy and other functions) cannot be returned; in this respect, there is no obligation to reimburse the consideration paid for the virtual game currency unless otherwise agreed.
European Games Group AG shall not be obliged to reimburse the virtual game currency if the user terminates the usage contract.
- No Right of Revocation
Since the use of the game as such is free of charge for the user, a right of revocation shall not exist. The termination of the agreement shall be governed by Clauses 10 and 11 of these GTC. The Special Terms of European Games Group AG and their revocation instructions shall apply to the acquisition of virtual currency.
- Rules of the Game
All the communication possibilities offered through the Services and/or the webpages are intended for the user to have fun and to play the game. Abuse for personal purposes (such as, e.g., advertising, political or religious expression of opinion) shall be prohibited.
For all user communications on the different Services provided by PLAYATA, the user recognizes that PLAYATA does not tolerate any news, postings or other contents which include the following:
dirty words, vulgar or obscene expressions or sexual contents, no matter whether express or implied;
religious, political or sociopolitical statements;
offensive, defamatory, threatening or otherwise annoying or harassing insinuations, comments and/or images;
names for game characters or user accounts that are deemed to be improper according to these GTC; in this case, PLAYATA shall be entitled to delete such improper names or to proceed to renaming as a milder measure, in addition to the measures mentioned under Clause 8 Paragraph 2;
third-party material protected by copyright or trademark law without their express written approval;
prompting of passwords and of personal information of other users (e.g. last name, address, telephone number, birth date etc.);
links to commercial Internet pages of third parties;
advertisements including raffles, competitions or other sweepstakes;
cheat or hack programs or information or links to such programs or to Internet pages affirming that they have programs which misuse user passwords; or
other information which, at PLAYATA's own discretion, is deemed to be age-inappropriate or unsuitable for this Internet page.
Users who post contents shall be themselves responsible for ensuring that these contents do not violate any rights, in particular copyrights of third parties. Hence, the users shall be themselves and directly responsible for all claims against third parties. Should PLAYATA be held liable for such contents posted by a user, the user shall hold PLAYATA harmless against any of the costs incurred by the posting of such contents to the extent that the user is to be held responsible for the violation.
It is prohibited to disturb the dialogue among different users knowingly; e.g. by interrupting a conversation among other members repeatedly, by annoying them or by creating enemy images or hostilities. Messages that users post in the game are not private but public. Therefore, users are requested not to exchange personal information such as e-mail address, address, last name, telephone number, photographs, instant-message name or similar. PLAYATA urgently recommends not to disclose such personal data for reasons of self-protection. Should there be a suspicion that certain users try to obtain the above mentioned personal information from other users, PLAYATA should be informed under the e-mail address firstname.lastname@example.org
PLAYATA points out that full monitoring of the contents posted by the users cannot be ensured. However, spot checks are performed and the users additionally have the possibility of reporting violations by others. In the latter case, PLAYATA will carry out a check as quickly as possible and edit or delete the contents, if necessary.
An entitlement to the provision of communication possibilities does not exist.
The user shall not be permitted to use programming errors (what is referred to as bugs) to his or her own advantage. If a user detects a bug, he or she shall have to report it by sending an e-mail to email@example.com
The user shall be prohibited from any action causing excessive data volumes (traffic) or affecting the course of the game. In particular, it shall be prohibited to use automated or semi-automated scripts that perform database queries or put game mechanisms into operation. Likewise, any manipulations of the data stored on the server shall be prohibited.
- Virtual Domiciliary Right
All hereby mentioned Services and/or Applications come under the virtual domiciliary right of PLAYATA. Virtual domiciliary right means the right of the operator of a website and/or Service to verify whether the conduct of the users of this website and/or Service comply with the GTC and to take suitable measures in case of infringement. PLAYATA reserves the right to make unrestricted use of this virtual domiciliary right in case of need.
If a user violates the rules of conduct defined by these GTC, particularly the rules of the game and/or the rules of conduct mentioned in Clause 7, PLAYATA shall be entitled to block or to delete the relevant contents, users and/or game characters, and/or to exclude the user from the continued use of the Services temporarily or permanently in line with the proportionality principle, and/or to delete his or her user account in order to protect the other users. In this case, the user shall not be entitled to be reimbursed for a payment he or she has already made. Likewise, the user shall not be entitled to receive compensation of any other nature. Prior to initiating the above mentioned measures, PLAYATA will, insofar as is reasonable, inform the user in order to clarify or remedy the violation. Informing the user is not reasonable, for example, if it could lead to the occurrence of a damage to PLAYATA, European Games Group AG or to third parties. If a user is blocked, he or she shall not be permitted to use the game by means of another game character.
- Copyrights and Industrial Property Rights
All copyrights, rights of use and other intellectual property rights relating to the Services rest with PLAYATA or are protected in favor of third parties. Users may use the contents made available to them only within the scope of their participation in the Services. Without the express prior approval of PLAYATA, which is to be obtained in writing, no user shall be permitted to use, copy, save, process, decompile, reverse engineer (prohibition of reverse engineering) and/or distribute any contents of the Services, such as e.g. texts, images, graphics, characters, logos, pieces of music, sounds, sound sequences, videos, programs, software codes and other information outside the participation in the Services the user shall be permitted to place a link on the Internet pages operated by PLAYATA to the extent that it exclusively serves as a cross-reference. However, PLAYATA reserves the right to revoke this permission. At any rate, it shall not be permitted to incorporate or represent the Internet pages operated by PLAYATA or their contents in a partial window (frame) by means of a hyperlink. Consequently, the placing of inline or frame links shall have to be considered as illegal use.
The same applies to name rights and other labeling rights. Any use outside the Services, especially in commercial transactions, shall be prohibited without explicit written approval. This particularly applies to any merchandising articles.
PLAYATA expressly points out the following: If a user offers his account or parts of it on the Internet for sale against payment, this represents an infringing act under copyright law and, if applicable, under labeling law to be prosecuted at the user's expense, besides being a violation of the essential obligations under these Conditions of Use.
- Duration of the Contract and Termination
By installing, using or otherwise accessing the Services, a usage contract is concluded between PLAYATA and the user for an undefined period. The user can terminate the contract at any time without notice and without giving reasons by deleting the application, by deleting his or her account or by e-mail to firstname.lastname@example.org. As a result of the termination, all information saved on the user's account, which is relevant to data protection legislation, shall be deleted.
PLAYATA can terminate the contractual relations at any time with a two-week period of notice without giving reasons.
The right to termination without notice for important grounds remains unaffected. PLAYATA shall be especially, but without limitation, entitled to termination without notice for important grounds in the cases mentioned in Clause 11 Paragraph 1. of these GTC.
Notice of termination by PLAYATA has to be given in writing or in text form (sufficient if sent by e-mail or through the message system).
- Sanctions and Termination without Notice/Exclusion from the Game
PLAYATA can give notice of termination to the user with immediate effect and exclude him or her from the Services if,
- contrary to Clause 3 Paragraph 2., Clause 3 Paragraph 3 and Clause 3 Paragraph 5, he or she registers several accounts or transfers his or her account to third parties.
- contrary to Clause 3 Paragraph 4., he or she uses his or her account for commercial purposes or for advertisements.
- contrary to Clause 3 Paragraph 8, he or she misuses other users' login data.
- contrary to Clause 3 Paragraph 11. and Clause 3 Paragraph 12, he or she, in order to use the game, employs an anonymization Service performing manipulative interventions through software and mechanisms
- he or she violates the rules of the game laid down in Clause 7 and does not stop violating them despite warning. In the event of serious violations, a warning is dispensable if PLAYATA cannot be expected to adhere to the contract.
- her or she violates the industrial property rights of third parties, which are laid down in Clause 9.
In less serious cases, the assessment of which is solely at the due discretion of PLAYATA, an in-game sanction can be pronounced against the user, e.g. in the form of a downgrading, instead of excluding him or her from the Services. The user shall not be entitled to claim that a sanction be imposed on him or her instead of his or her being excluded from the game.
- Limitation of Liability and Release from Liability by the User
PLAYATA makes the possibility of using the Services available free of charge and is therefore only liable for willful intent and gross negligence in accordance with the legal provisions.
PLAYATA shall not be liable for unauthorized access, awareness, dissemination or abuse of personal data, which is exchanged on the Services, by third parties (e.g. by authorized access through hackers). Likewise, PLAYATA shall not be liable for information posted by users or for contents on linked web pages of third parties. Clause 12 Paragraph 1. shall remain unaffected.
PLAYATA shall not be liable for data loss (high score, acquired items etc.) with respect to the game characters if you close your user account according to Clause 10 Paragraph 1. Liability for data loss in general is limited to the typical restoration costs which would have been incurred in connection with the usual creation of backup copies by the user.
According to the current state-of-the-art, data communication via the Internet cannot be guaranteed without errors and/or with permanent availability. PLAYATA gives no guarantee whatsoever that the functions of the Services, including the use of features, are free of technical errors or that the Services are available at any time.
In the event of violations of rights of third parties, particularly of intellectual property rights (e.g. copyrights or trademark rights), which are related to contents disseminated or otherwise made accessible by you or a user, or which have been caused by a violation of these GTC, you shall, at first request, have to hold PLAYATA, European Games Group AG and all associated companies, employees, workers and vicarious agents of PLAYATA and of European Games Group AG harmless against all claims or other rights of third parties (including the associated costs, such as e.g. reasonable lawyer's and legal expenses) to the extent that you are to be held responsible for such violation.
- Data Protection
PLAYATA complies with the data protection regulations at any time. This particularly refers to the protection of the personal data stated by the user when accessing the Services. The details result from the data protection provisions that can be viewed, saved and printed out under this link at any time in their version currently in force.
- Final Provisions
Regulations or General Terms and Conditions of the user which deviate from these GTC shall only be applicable if PLAYATA approves their applicability in writing.
PLAYATA shall inform the user when these GTC are to be modified or adapted. Such information shall include the new version of the GTC and the (future) date of entry into force. Any modification shall be preceded by a notification that is sent six weeks ahead (sufficient if sent by e-mail or through the message system). The user can contradict the modified GTC. If you do not contradict such modification within six (6) weeks after receipt of the notification, the modifications shall be deemed to have been recognized by you. In the above mentioned notification, PLAYATA informs the user expressly about his or her right of objection, the objection period and the consequences of an objection that has not been filed. This modification mechanism shall only apply if PLAYATA has a justified interest in the modifications (for example adaptation to amended laws or new legislation) and in no case to a modification of the parties' major obligations.
If this provision or another provision of these Conditions of Use are or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by mutual agreement between the contracting parties by a provision that comes as close as possible to the intended economic purpose of the invalid provision in a legally enforceable manner. The aforementioned provision shall apply mutatis mutandis in the event of loopholes.
The laws of the Federal Republic of Germany shall apply, with the exclusion of the law of conflicts. The Vienna United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The contract language is German.
If you have no place of general jurisdiction in Germany or if you move your residence abroad after having concluded the contract or if your residence is not known at the point in time when the action is filed, Munich shall be the place of jurisdiction for all disputes. Furthermore, PLAYATA shall be entitled to sue at the user’s place of jurisdiction.
Nürnberg, 17. August 2015
Vordere Sterngasse 4/6