1.1. Lionmoon UG (limited liability), Mittelstr. 42, 68169 Mannheim ("Lionmoon"), offers various games for use, particularly online games that can be played in a browser ("browser games") and on mobile devices ("mobile game apps") (collectively "game" or "games"), as well as additional services associated with them ("additional service" or "additional services") to the user ("user" or "users"). Such additional services may include services enabling communication with other players (forums, chats, blogs, etc.), the uploading of media content such as images and texts, the acquisition of virtual game currency, and other services.
1.2. The following General Terms and Conditions ("GTC") govern the use of the games and additional services provided by Lionmoon. Lionmoon offers games and additional services exclusively based on these GTC.
1.3. Any terms and conditions of the user are hereby expressly rejected.
1.4. The user accepts these GTC by checking the box "I accept the GTC" during registration and clicking the registration button. When using the games via mobile game apps, the user accepts the GTC by downloading the respective mobile game app. These GTC apply to every participation of the user in the games and every use of the additional services.
1.5. In addition to these GTC, the applicable game rules and game manuals (if available), which are published or made accessible on the game websites or via the mobile game app, also apply. In case of conflicts between these GTC and the game rules or game manuals, the provisions of these GTC shall prevail.
2.1. Lionmoon offers games and additional services exclusively to consumers, i.e., natural persons. All persons who are at least 16 years old at the time of registration or whose legal representatives have given their consent to the use are eligible to use the services.
2.2. The games and additional services are for entertainment purposes only. Use for commercial or business purposes is prohibited.
2.3. Lionmoon provides the games and additional services within the scope of its technical and operational capabilities.
2.4. Lionmoon offers its games in a basic version free of charge. The basic version is a fully playable game version but does not contain all features ("basic version"). Certain features are only available to paying users (see § 5. Premium Services and Payment Terms). Unless expressly agreed otherwise in the descriptions of the additional services, the use of additional services is free of charge. Otherwise, the provisions of § 5 apply accordingly to paid additional services (premium services).
2.5. The games and additional services can be accessed via internet-enabled PCs. Additionally, they can be used on smartphones or other internet-enabled mobile devices, although the functionality and display may be limited in this case. It is the responsibility of the user to maintain their computer or other device in a condition that allows the use of the games and additional services. The user is solely responsible for ensuring their internet connection and for the functionality and compatibility of their devices and software (browser, access software) with the games.
2.6. The games and additional services are continuously updated and revised. The user is granted a right to use the respective game and/or additional service in its current version only. The user does not have any right to request the maintenance of the games and/or additional services in the state it was at the time of contract conclusion. Lionmoon reserves the right to discontinue, modify, or restrict the operation of the games, additional services, or parts thereof without stating reasons.
3.1. Participation in games requires user registration. Registration is done by filling out a form and entering additional information. Registration requirements for game apps may differ. Additionally, the user must accept these GTC by checking a checkbox during registration.
3.2. By submitting the completed registration form for browser games or by downloading the game app from an app store (e.g., Google Play Store, Apple Store) onto their mobile device, the user submits a binding offer to conclude a contract for the use of games ("contract"). The contract is concluded for an indefinite period upon approval confirmation sent to the user via email (for browser games) or by other activation methods by Lionmoon that allow participation in a game. With the approval or activation of the user, the user is granted access to the free basic version of the respective game. Premium services are not included in the free basic version.
3.3. There is no entitlement to registration and activation.
3.4. Each contract relates to participation in a specific game world (or game server or game round) of the respective game with a specific account in that game.
3.5. The user may be able to access services from Lionmoon's contractual partners in certain games and additional services. In such cases, a separate contract is concluded between the user and the respective contractual partner of Lionmoon. The user will be informed accordingly before concluding the contract.
4.1. Upon successful registration, a user account ("account") is created. In this account, the user can manage their data independently and delete the account.
4.2. The user selects a player name for participation in the games. There is no entitlement to a specific player name. The player name must not infringe third-party rights or violate moral standards. Additionally, no email or internet address may be used as a player name. In case of violations, Lionmoon is entitled to change or delete the name chosen by the user without requiring the user's consent.
4.3. The user may register only once per game world (or game server, game round, or game world). If the user has already registered for participation in a game world (or game server or game round), they may not register again under different personal data for the same game world.
4.4. Lionmoon is entitled to delete accounts that have not been used for six months (180 days). In such cases, any contracts automatically terminate.
4.5. Additional conditions for account use (prohibition of multiple registrations in the same game world, rules for account sitting, access data, etc.) are regulated in the respective game rules.
5.1. Lionmoon offers users the option to purchase paid services ("premium services") in exchange for a fee. Premium services include, but are not limited to, virtual items, virtual game currency, and additional features. Premium services exclusively consist of digital products and not physical goods.
5.2. The contract for premium services is concluded when the user selects the premium service, clicks "Buy" or similar, and Lionmoon accepts the offer by sending an order confirmation via in-game message or email, or by making the premium service available.
5.3. Each purchase of premium services constitutes a separate contract between Lionmoon and the user or between third parties (e.g., app stores) and the user. There is no obligation for the user to make recurring purchases of premium services.
5.4. Lionmoon reserves the right to modify, expand, or discontinue premium services at its discretion. Changes to premium services shall be communicated to users in an appropriate manner.
5.5. The details regarding the functionality of each premium service, its duration (if applicable), the applicable fees, and available payment methods are provided in the respective game or service descriptions.
5.6. Lionmoon reserves the right to modify the type, scope, and content of premium services. This includes the introduction of new premium services, modification of existing ones, or discontinuation of specific services.
5.7. The content, functions and pre-requisites of the premium services at the time of the order as displayed on the websites of Lionmoon or in the mobile game apps, as well as according to the relevant shopping carts shall apply.
5.8. For browser games, valid prices are those applicable at the time of the order, as displayed on the websites and on Lionmoon price lists, as well as according to the relevant shopping carts. For mobile game apps, the applicable prices are those listed in the respective app stores from which the games were downloaded, which will also be communicated in the order confirmation for each respective order.
5.9. If virtual currencies are simulated within the games, they are considered premium services and do not represent real money. A conversion of virtual currencies or other premium services back into real money is not possible.
5.10. Lionmoon reserves the right to charge fees for premium services in advance. Fees become due immediately upon conclusion of the purchase agreement, i.e., upon confirmation of the acquisition of the premium service.
5.11. Users may pay for premium services via the available payment methods. However, there is no entitlement to a specific payment method. The accepted payment methods are displayed on Lionmoon's websites for browser games and within the app stores for mobile games. Payment processing is handled by third-party service providers, with whom the user may enter into a separate contractual relationship. The terms of the respective payment providers shall apply in addition to these GTC.
5.12. Lionmoon reserves the right to change the pricing of premium services at its discretion.
5.13. In the event of late payment, Lionmoon is entitled to charge default interest in accordance with statutory regulations. Furthermore, Lionmoon reserves the right to discontinue services to the user and suspend their account(s) with immediate effect. If chargebacks or payment failures occur due to the user's fault (e.g., insufficient funds, incorrect payment information), the user shall bear any associated fees.
5.14. The user may only offset claims of Lionmoon against undisputed or legally established counter claims. The right of retention may only be exercised if the counterclaim arises from the same contractual relationship. The assignment of user's claims against Lionmoon to third parties is excluded.
Users have the right to revoke from this contract within fourteen days without stating any reasons.
The revocation period is fourteen days from the date of contract conclusion.
To exercise the right of revocation, the user must inform Lionmoon UG (limited liability), Mittelstr. 42, 68169 Mannheim, Fax: +49 (0) 621 9788-5870, Email: legal\@lionmoon.com, of their decision to revoke the contract by means of a clear statement (e.g., a letter sent by post, fax, or email). The user may use the enclosed sample revocation form, but it is not mandatory.
Sample Revocation Form
(If you want to revoke the contract, please fill in this form and send back to us).
To:
Lionmoon UG (haftungsbeschraenkt)
Mittelstr. 42
68169 Mannheim
Fax: +49 (0)621 9788-5870
Email: legal at lionmoon.com
I/we () herewith revoke the contact concluded by me/by us () about the purchase of the following goods () / of the following services ()
Ordered on () / received on ()
Consumer's name
Consumer's address
Consumer's signature (only in case of a letter sent by post)
Date
(*) Delete where inapplicable.
To meet the revocation deadline, it is sufficient for the user to send their communication concerning their exercise of the right of revocation before the revocation period has expired.
Consequences of Revocation
If the user revokes this contract, Lionmoon shall reimburse all payments received from the user, including delivery costs (except for additional costs resulting from the user's choice of a delivery method other than the least expensive standard delivery offered), without undue delay and no later than fourteen days from the day on which Lionmoon received the user's notice of revocation. The reimbursement shall be made using the same means of payment used by the user in the original transaction unless expressly agreed otherwise. Under no circumstances will the user be charged fees for the reimbursement.
Special Notice on the Premature Expiry of the Right of Revocation
The right of revocation expires prematurely if the user has expressly consented to Lionmoon commencing the execution of the contract before the revocation period has expired, and the user has acknowledged that they lose their right of revocation once execution begins.
7.1. Contracts between Lionmoon and the user are concluded for an indefinite period unless otherwise specified for the respective game or additional service. Other conditions may apply to the provision of premium services.
7.2. If no specific term is agreed upon, both parties may terminate the contract at any time with a notice period of one month. No reason for termination is required. The user deleting their account or requesting data deletion shall be considered contract termination.
7.3. The right to extraordinary termination for good cause remains unaffected.
7.4. Lionmoon may terminate the contract for good cause, including but not limited to cases where:
The user is in default of payment despite a reminder;
The user has not used their account for twelve months despite a reminder;
The user violates game rules, laws, or these GTC and fails to remedy the violation despite a warning. In cases of severe violations, a warning is not required.
7.5. In the case of an ordinary termination by the user or termination for good cause by Lionmoon for which the user is responsible, Lionmoon will not be required to refund premium services or other services paid for in advance. Besides, Lionmoon is entitled to request the amount of all outstanding fees (especially for already ordered premium services).
7.6. In the case of an extraordinary termination for which Lionmoon is responsible, Lionmoon will proportionally refund or offer an equivalent compensation to the user for premium services paid for in advance if their duration of use extends beyond the date of the contract termination. Further claims on the part of the user are excluded.
7.7. Terminations can be submitted in writing, e.g., via email. Upon termination, Lionmoon is entitled to delete the account without further notice. For technical reasons, there will be a delay of a few days before the account is finally deleted.
8.1. The user agrees to keep their login credentials and passwords ("access data") confidential and to protect them from unauthorized access. The user is solely responsible for the use of their account.
8.2. The user must also inform Lionmoon immediately as soon as they become aware of or suspect that unauthorized third parties have gained access to their login credentials. In this case, they must change their credentials or have them changed by Lionmoon. In such a case, Lionmoon also has the right to temporarily suspend the user's access. The user will be allowed to resume use once Lionmoon determines, at its discretion, that the suspicion of credential misuse has been resolved. Lionmoon will inform the affected user accordingly.
8.3. Under no circumstances shall the user be permitted to use access data of another user, unless the rules of each particular game provide specific exceptions. Should an unauthorized third person gain access to user's access data as a result of gross negligence or intent on the part of the user, the user will be liable towards Lionmoon for service fees and compensation for damages.
8.4. The user particularly agrees to check all incoming e-mails and downloaded software for viruses and spyware. Lionmoon will not be held liable for any damage or loss of data on the PC of the user, which may occur as a result of software installation of third parties or as a result of any other circumstances, such as viruses or spyware.
8.5. The user is not allowed to sell, swap, hire out, hand over to third parties or transfer in any other manner their account, free of charge services and functions connected to the account such as virtual items, virtual currency, etc., access data or premium services, unless the rules of the respective game explicitly provide exceptions hereupon. Payments in cash are not allowed under any circumstances.
8.6. When using games including all the gaming websites and additional services, the user commits themselves to observing all applicable laws and instructions, including these GTC and the game rules and game manuals. Moreover, the user agrees to abide by the instructions of Lionmoon and its employees, as well as its vicarious agents and assistants. This also applies to the instructions of administrators and community managers of discussion forums.
8.7. The user is not allowed to undertake any manipulative actions in the games. The user undertakes to refrain from the following actions when using games including all the websites of the games, as well as every single additional service offered hereupon:
To use mechanisms, software or programs that can interfere with the systems of Lionmoon or cause an unreasonable and excessive burden of the systems and/or massively interfere with the gameplay of other users;
To use devices, software, scripts or other mechanisms, for the purposes of systematic or automatic control of games or individual game functions (bots, macros), or for the reproduction of games including all the websites of games.
To create or use cheats, mods and/or hacks, or any other software created by third parties that may interfere with the gameplay;
To use software that enables "data mining" or intercepts or collects the game-related information in any other manner;
To block, to re-write or to modify the contents of the games and the websites, or to interfere with games in any other manner;
To hack into game servers or website servers of games;
To take advantage of programming bugs or any other programming errors to achieve personal gain. The user commits themselves to report such bugs or errors to Lionmoon. If the user has derived benefits from such bugs/errors, these - as far as possible - shall be reimbursed to Lionmoon. If the user has knowingly taken advantage from bugs or errors, this may result in the termination of the agreement about the use of games and additional services and in deleting the account.
To distribute faked software and encourage or incite for distribution of such software;
To upload data that contains viruses, trojans, worms and any damaged data.
9.1. Lionmoon may provide users with additional services such as community forums, chats, and comment functions, which the user may utilize within the limits of actual availability. Lionmoon merely provides the technical means for information exchange and does not guarantee access to such additional services.
9.2. If the user publishes content, such as texts, photos, videos, links, graphics, music, etc. ("content"), in the games, forums, chats, or similar platforms operated by Lionmoon, they grant Lionmoon a non-exclusive, royalty-free, worldwide right to reproduce and make such content publicly available. The user declares and warrants to Lionmoon that they are the sole owner of all rights to the content they upload, or that they are otherwise authorized (e.g., through a valid permission from the rights holder) to upload the content and grant the respective usage and exploitation rights.
9.3. The user assumes sole responsibility for all content they provide. The user agrees to fully indemnify Lionmoon against any third-party claims. Lionmoon does not adopt or endorse any user-generated content. Lionmoon also does not actively monitor the content uploaded by users or check it for legality or accuracy. In case of doubt, the user must promptly remove any content flagged by Lionmoon. Lionmoon is entitled to delete uploaded content if there is concrete evidence of a violation of the aforementioned obligations.
9.4. The user must carefully select the information they publish in games and additional services and share with other users. When using the available communication features, the user must use appropriate language and refrain from making derogatory remarks or attacking other individuals.
9.5. The user agrees not to use, publish or distribute contents such as names, images, videos, photos, links, words, articles, etc. on the Lionmoon websites and especially in the context of the provided additional services such as discussion forums, etc. that infringe applicable laws (in particular, the law on protection of minors, data protection laws, protection of personal rights, copyright, industrial property rights, et.) or these GTC that:
Are insulting, defamatory, morally reprehensible, sexist, pornographic, racist, glorifying violence, political, religious content; content that infringes laws, especially minor protection laws, or any other content that Lionmoon may consider immoral or inappropriate at its own discretion;
Violate trademarks, patents, design and utility patents, copyright or other rights of third parties;
Contain information which is false or misleading;
Display prohibited or illegal contents; promote criminal activities or schemes therefore, or provide instructions for committing or incite illegal activities;
Unacceptably disturbs other users, e.g. example with spam mail, chain mail, unsolicited mass mail or instant messages;
Have as their subject personal information of third parties without those parties' express consent, and/or solicit other users to disclose personal information for commercial or illegal purposes or induce them to disclose login data;
Contain picture(s) of another person without that person's express consent;
Promote commercial and/or sales activities, such as price contests, raffles, swapping offers, insertions, pyramid schemes;
Engage in or promote unfair competitive practices;
Falsely suggests that it is provided or supported by Lionmoon.
9.6. Any use of games and additional services for commercial purposes, especially for advertisement, is not allowed. This kind of use requires the express prior written consent of Lionmoon.
10.1. Failure to comply with user obligations may, after prior warning, lead to immediate account suspension or deletion, or extraordinary contract termination for good cause. In cases of severe violations, a warning may not be required.
10.2. Regardless of any other statutory or contractual rights, Lionmoon may take the following actions at its own discretion if a user knowingly violates legal provisions, third-party rights, these GTC, or the respectively additional regulations, game rules and game manuals:
Issue a warning to the user; modify or delete content; temporarily or permanently suspend the user; exclude the user from participating in affected games or additional services; issue a temporary or permanent virtual ban in cases of violations of § 9.5; terminate the contract without notice, especially in cases of repeated violations despite prior warnings against breaches of §§ 8 and 9 of these GTC.
11.1. The games (browser games, mobile game apps) and all content of the websites/mobile game apps are the exclusive property of or under the exclusive rights ownership of Lionmoon. The user is granted a simple, non-exclusive, time-limited, non-transferable, and non-sublicensable right to use the software provided by Lionmoon strictly for private purposes in accordance with the contract. The contractual use includes installing, loading, displaying, and running the installed software.
11.2. Unless expressly permitted under these GTC, the user is not entitled to modify, reproduce, distribute, make it publicly available, advertise with, or use the games and website content or individual parts thereof beyond the agreed contractual purpose. Copyright notices and trademarks must not be altered, suppressed, or removed. The user agrees to uphold Lionmoon's industrial property rights and copyrights.
11.3. Additional terms of use of store operators apply to rights granted in relation to mobile game apps.
12.1. Lionmoon provides users access to the games and additional services in their current version. Users acknowledge that, like any software, the games and services may not be entirely free of errors. Thus, a defect is considered present only in cases of significant and persistent disruptions.
12.2. Defects identified by the user must be documented upon discovery and reported to Lionmoon without delay. Before reporting any potential error, the user must consult the game manual and/or the instructions for using the additional services, as well as any other troubleshooting resources provided by Lionmoon (including FAQs and discussion forums on related issues). The user agrees to cooperate, to the extent possible, in remedying defects in the games or additional services.
12.3. Excluded from warranty are defects caused by external influences (force major, etc.), operating faults by the user, or changes or manipulations which are not performed by Lionmoon.
12.4. Inasmuch as Lionmoon provides its services free of charge, Lionmoon is in no case liable other than for gross negligence or damage intentionally caused by Lionmoon.
12.5. For paid services, Lionmoon is liable for intent, gross negligence, and damages to life, body, or health without limitation. In cases of slight negligence, liability is limited to breaches of essential contractual obligations (those necessary for the contract's execution and upon which the user may rely). Lionmoon is not liable for breaches of non-essential obligations. Statutory mandatory liability remains unaffected.
12.6. Lionmoon assumes no liability for damages or data loss due to software installation not originating from Lionmoon.
12.7. Lionmoon explicitly distances itself from the contents of any third party web pages to which there are direct or indirect links (so-called "links") from the offerings of Lionmoon websites. Lionmoon does not assume any responsibility for these contents and pages. The providers of the respective pages are responsible for their content.
12.8. Any liability of Lionmoon for user-provided content is excluded. The user agrees to reimburse Lionmoon for all damages resulting from the non-observance of the obligations under these GTC.
12.9. This limitation of liability will also apply to all of Lionmoon's organs, employees, staff, shareholders, representatives and vicarious agents.
Personal data of users are collected, processed, and used only as permitted by data protection laws. The details can be consulted in the Privacy Policy of Lionmoon.
14.1. Lionmoon reserves the right to change or modify these GTC at any time with future effect, provided that such changes are necessary and do not disadvantage the user in a breach of good faith. Changes of these GTC will be communicated to the user via notification in a suitable manner, either on Lionmoon's website or via email. In any case, the user will be notified about the changes through a highlighted announcement at their next login.
14.2. The user may object to the changes in GTC within 30 days of publishing the notification and its receipt by the user. If the user does not object in writing to Lionmoon to the changes made in GTC within 30 days following their publication and receipt, or continues to use games and/or additional services after this deadline, the new GTC will be deemed as accepted by the user. If the user objects in time, both parties have the right to terminate the contract in ordinary manner. Until termination, the original GTC remain in force.
15.1. Lionmoon generally communicates with users via email. Users should contact support for all game-related inquiries.
15.2. These GTC and contracts based on them are governed by the laws of the Federal Republic of Germany, to the exclusion of provisions of the CISG and the collision norms of International Private Law.
15.3. If the user's residence is outside Germany or it changes during the contract period, Lionmoon's registered office is the place of jurisdiction. This also applies if the user's residence is unknown at the time of legal proceedings. Lionmoon may also sue at the user's general place of jurisdiction.
15.4. If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall not be affected.
Provider Information:
Lionmoon UG (limited liability), Mittelstr. 42, 68169 Mannheim, Germany.