General Terms of Service
The Hive Rise Usage Agreement
TOS / EULA

Vulcando Games GmbH
"Hive Rise"
Dasinger Straße 2
86165 Augsburg
Germany


§1 Scope of application

Vulcando Games GmbH (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 contractual partner (hereinafter user’), even if, the provider doesn’t explicitly object. 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 connected to Hive Rise. 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. Users can only be real persons. If the user is younger than 18, or in the country of citizenship regarded as underage a parent or a guardian must authorize the use of Hive Rise.
Additionally to the TOS, the current game rules apply for Hive Rise. 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-MailThis regulation also includes the amendments and sub-agreements.


§ 3 Offered Services

a) Definition of the service The provider enables the user to play Hive Rise the game on the official servers. Any other use of the software or the server is strictly forbidden.

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 serviceThe 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 serviceThe provider is also authorized to lower the amount of offered serviceAlready bought game currency or game items will not be refunded.

d) Client of Hive Rise The client of Hive Rise is available through download for the user. The software may exclusively be used to play on the official servers. It is prohibited to alter, modify the software or combine it with other programs. In case of errors which may occur, Vulcando Games will correct these errors and make an update available to the best of its abilities.

eFurther services The game and its homepage includes further services such as forums and chat. The access to these are subject to further rules on associating openly with one another. It is prohibited for the user to impersonate another character in especially these mediums instead of the character the access was gained with.

f) Termination of the services
The game currency is bought by a single payment. The game currency can not be refunded, discharged, assigned or returned.


§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 address mentioned above 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.

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 - 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. - It is prohibited to personate a game master, staff or representative of the provider without the written consent of the provider. 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 departmentThe 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. The free of charge access doesn’t provide any rights to the customer. Subject of the contract is exclusively the access to Hive Rise.
b) Period of Contract There ist no contract period or cancelation period.

c) 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.

d) Cessation of Hive Rise
The provider has the right to abandon all services of Hive Rise with an advance notice of 2 weeks. All bought game currency and game items get deleted in this case and explicit are not able to get refunded. This announcement has to be only on the official webpage of Hive Rise.

e) Internet radio
The game contains a module for listening to internet radio stations. These stations are provided by third party and are not under control of the provider! The provider has the role of an aggregator and is not responsible for the program, its compliance with copyright or the protection of minors. The labeled providers of the streams are fully responsible for their program. The provider has the right to collect data about the program listened to in the game and is allowed to store and statistically evaluate this data.

f) Ingame advertising
The provider is allowed to update, expand and remove the advertising which is placed in the game.


§7 Regulation of Remuneration
The payment to buy the game currency 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.


§8 Liability
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 bought game currency is not possible in any circumstance of not available of the service.
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 20 depending on the liability case.
The provider doesn’t accept any liability for the improper use of the parts or whole offer Hive Rise. The provider particularly is not liable for any loss of data or damage on the computer system of the user, as long as the provider has not induced it through gross negligence. In case of parts or the software as a whole being used outside the specified requirements such as; emulators, virtual environments, systems that do not comply with the minimum system requirements or systems that are not approved for pc games the provider can’t be made accountable.


§ 9 Rules within the game
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 from every user to be decent to each other! Users that verbally harass or do similar have to bear the consequences that will follow. In the course of this regulation an administrator can monitor the text and pictures of a user to appraise the situation. According to the discretion of the administrators a temporary ban or a termination of the account can be imposed.

d) The responsibility for the content uploaded or added by a user belongs to these. The users have to especially keep the copyright of the uploaded items in mind.


§ 10 Output 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.


§11 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 fan 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. This applies particularly in regard to the data of other customers and the provider.

§12 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 give away or sell these for real consideration. Annotation: It is not possible to transfer the game currency to other accounts. It is also not allowed to deliver an account to a third person.

§13 Customerdata
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.

§14 International
This contract is subject to German legislation provided that the user doesn’t violate any laws of their own country.


§15 Protection of minors

Protection of minors is the highest priority in Hive Rise. Potential age restrictions must be taken from the homepage of Hive Rise. The current youth protection coordinator of Vulcando Games GmbH can be taken from the homepage of Vulcando Games GmbH.

§ 16 Final provisions
a) Severability Clause 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. b) 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
c) Place of fulfillment Service- and place of fulfillment is Augsburg in Germany.

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