General Terms and Conditions
The services provided within the framework of Kingory are provided exclusively on the basis of the present General Terms and Conditions (Terms). If you don't agree with all of the terms, you must not use any service Kingory provide. You will not be eligible for a refund.
1. Scope of application
i. These Terms apply for all contracts, offers, deliveries and services of Kingory, also for the future. We hereby expressly object to the applicability of any terms and conditions of the users of the game Kingory (hereinafter "user"). Any user terms and conditions shall only apply if Kingory has expressly accepted them in writing.
ii. In addition to these Terms, the rules of the game applicable in the individual case as well as the game instructions for Kingory listed on the website for the game Kingory, shall apply.
iii. These present Terms will only be published on the websites of the game Kingory. They can be downloaded into the random access memory, stored on a permanent data carrier or printed out. However, upon the user’s written request, the Terms can also be sent by letter post.
iv. The Terms apply for all users of the game Kingory. Upon registration for the game (i.e. at the time the application for the opening of a game account for Kingory has been sent) and upon log-in to the gaming platform in each case, the user accepts the present Terms as binding. Upon registration for the game, the user will be asked to accept the Terms. They shall apply for any use of the game Kingory.
v. Kingory exclusively offers the online game Kingory to consumers. The use of the game for profit- making or other commercial purposes is excluded. Only such persons who have reached the age of 18 at the time of registration are entitled to participate in the game. Minors are only entitled to participate if their legal representative’s approval has been given prior to registration for the game. Upon registration for the game, the user expressly asserts his/her age of majority and legal capacity or – for minors – the existence of their legal representative’s approval.
vi. Kingory reserves the right to modify or amend these Terms with effect for the future at any time should this seem necessary (for instance in order to adjust them to the legal and statutory situation, to expand the spectrum of services of Kingory etc.) and provided that this does not discriminate against the user in bad faith. The user shall be informed of any modifications of these Terms in a suitable way by notification. This notification shall either be effected by a special window opening on the Kingory website when logging onto the gaming platform, or by an e-mail to the e-mail address stipulated by the user. In all cases, the user shall also be informed of the modification through a highlighted notification in the course of the next log-on to the website.
vii. The user is recommended to continuously keep up to date with the applicable version of the Terms and the rules of the game.
2. Content of the service
Kingory’s services consist in the provision of the websites of the game. The user only obtains a right of use in the functions of the game platform.i. The use of the game platform is only open to users who have established a customer account beforehand via their registration (hereinafter “game account” or “account”). The use of the game platform is allowed from the time when Kingory has opened an account for the user for the game world concerned.
ii. The game’s functions can be modified at any time. The valid technical and other game requirements at each given time can be found on the Kingory website.
iii. The game and the game worlds respectively are continuously updated, adjusted, extended and modified in order to make the game interesting for a large number of players long term. Therefore, the user only obtains a right to use the game in its current version at any given time.
iv. The user does not have a right to request maintenance of the game in the version current at the time of the conclusion of the contract.
v. Kingory reserves the right to cease operation of the game or of individual game worlds at any time without having to state reasons for this.
3. Membership and conclusion of the contract
i. Membership commences upon successful registration for the game, i.e. upon the opening of a game account by Kingory.
ii. Upon filling in the registration form, the user makes a binding offer for the conclusion of a game user contract (also “application for the opening of a game account”). For this purpose, all data fields in the registration form must be filled in completely and correctly. Each game user contract refers to the participation in a specific game world of the game Kingory with a specific account.
iii. The contract between Kingory and the user on services and supplies is concluded by the acceptance of the application for the opening of a game account by Kingory. This acceptance can be made by Kingory either expressly or by carrying out the first implementation measure. Kingory shall immediately confirm the receipt of the application for the opening of a game account using electronic means to the e-mail address stipulated by the user. The confirmation of receipt does not represent a binding acceptance of the user’s application. However, the confirmation of receipt can be combined with the declaration of acceptance.
iv. The user does not have a right to obtain a membership.
4. Usage fees
i. Unless otherwise stated, the use of online games and other services offered is free of charge.
ii. The user may, however, purchase individual service offerings and individual features offered in the context of online games. The user is informed separately on the kind of features for purchase, especially what function each feature has, possibly of the duration of availability of the feature for purchase, the purchase price and the available payment method in connection with the online game.
iii. Where a minor wishes to buy features for purchase, he assures that he/she received the funds to buy the features for purchase from his/her legal guardian for this purpose or for unrestricted use.
iv. The agreed-upon charges are due for payment with the conclusion of the contract. The debit payment is made typically through the respective authorized service provider, whereby the withdrawal can be made a few days in advance to guarantee continuous usability. In individual cases, general terms and conditions included by the authorized service provider may be applicable.
v. The user assures that all information provided in the context of a payment transaction (including bank, credit card number, etc.) is complete and correct.
vi. The payment options may vary according to participant country and the market availability of technically feasible payment options. Kingory reserves the right to amend its payment options.
vii. Kingory reserves the right to change the fees of the in-game features (including virtual currencies). This includes Kingory`s right to increase or decrease fees for all singular in-game features for all future transactions.
viii. In case of default, statutory interest accrues. Kingory is also entitled to block the user account, to recover damages and to terminate services.
5. User's duties
i. A user may not hold several accounts for one game world at the same time. A violation of this provision may lead to immediate freeze or deletion of all of the player’s accounts. However, it is possible to have one account each in various game worlds at the same time.
ii. The user must ensure that the password he/she has received for his/her access is being kept secret and must change it regularly for reasons of security.
iii. With its websites, Kingory only provides a platform for the communication among the players. The user himself is responsible for the contents of this communication.
iv. The users undertake to keep the communication and any other statements free from racist, pornographic or abusive contents, from contents glorifying violence and from other offensive or prohibited contents. Disregard of this provision may, after a prior warning notice, lead to an immediate freeze or deletion of the account.
v. The user is only entitled to use the game through normal web browsers. Any further use of additional programs, scripts or other supporting tools is expressly prohibited. Disregard of this provision may, after a prior warning notice, lead to an immediate freeze or deletion of the account concerned, as well.
vi. It is prohibited to use errors in the programming (so-called bugs) for one’s own advantage. No measures may be taken either which lead to an overload of the servers, as this may massively affect the operation of the game for all players.
vii. The Kingory games are intended to bring long term fun for a large number of users. Kingory is therefore interested in enabling the users to enjoy the Kingory games and games worlds by preventing other users from breaching their contractual obligations by using additional programs, scripts or other supporting tools. Kingory has the right to use adequate programs that enable Kingory to become aware of the user’s breach of contractual obligations and to identify the respective user in case Kingory has well founded grounds to believe that the user acts in breach of his contractual obligations.
viii. Unless otherwise stipulated in these Terms or in other agreements with the user, Kingory shall as a principle communicate with the user via e-mail. The user shall ensure that e-mails sent by Kingory to the e-mail address stipulated by the user at the time of registration, or at a later time, actually reach him. This shall be ensured by corresponding settings of spam filter preferences and by regular checks of this address. Kingory reserves the right of choosing freely the form of correspondence for any other written communication.
ix. Whenever contacting Kingory, the user shall provide information on his player’s name, the game world and the account to which the inquiry refers.
6. Consequences of a breach of duty
i. Kingory is not liable for damages resulting from a breach of duty by the user.
ii. Independently of additional legal or contractual rights Kingory may take the following actions against any user who are in breach with statutory law, third party rights, these terms of use or the respective additional regulations and game rules:
a) change or delete content,
b) give a warning to the user,
c) publication of misconduct in the respective online game with mentioning of the user name,
d) temporary or permanent blocking of a user from individual or all online games and content of Kingory Internet pages,
e) exclusion of a user,
f) issuing a temporary or permanent virtual ban from the house in the cases of violation of section 6, or
g) immediate termination of the contract.
iii. If a user has been blocked or excluded, he may not register again without prior consent of Kingory. There is no right for a waiver of an exclusion, a virtual ban from the house or any other measure.
7. Claims for defects
i. Kingory shall provide access for the user to the game in its version existing at the respective point of time (2(IV)). The user cannot request that a certain state and/or functional scope of the game be maintained or set up.
ii. The user is aware that the game offered by Kingory – like any software – cannot be completely fault-free. This means that the game shall only be deemed to be defective if its playability is affected severely and permanently.iii. The user shall always document in a diligent way any possible defects in the game or in other services or supplies by Kingory, and shall report them in particular by listing any shown error messages.
iv. Before reporting a possible error, the user shall consult the game instructions and, if applicable, any other ways of support provided by Kingory for the elimination of the problem. The user shall give Kingory his/her full support in a possible elimination of the defect.
v. The user shall give notice of a defect to Kingory immediately after its detection. The timely dispatch shall be sufficient to adhere to the deadline. In other cases, notice of defects is to be made immediately after their detection. After the deadline has expired without submission of a notice of defect, the assertion of claims based on the defect shall be excluded.
vi. For the user’s own protection, and in particular for reasons of securing evidence, the user is recommended to direct any notices of defect to Kingory in writing (via telefax, letter or e-mail).
vii. On principle, errors caused by external conditions (force majeure etc.) for which Kingory is not responsible, or by operating errors which the user is responsible for, or by modifications or other manipulations which have not been carried out by Kingory or cannot be attributed to Kingory, are excluded from any claims based on a defect.
viii. Kingory shall not assume warranties in the legal sense, unless expressly agreed otherwise in writing.
8. Liability and liability for links
i. Under no circumstances shall Kingory be liable for any damages other than those caused in a grossly negligent or intentional way.
ii. However, the above-mentioned disclaimer of liability shall not apply for the liability in cases of violations of life, body and health. Furthermore, they shall not apply in as far as the damage is based on a violation of a basic or an essential contractual duty (i.e. a contractual duty, the adherence to which is of special importance to the fulfilment of the contractual objective and on which the user as a party to this contract my legitimately rely) or on the violation of a warranty. Kingory’s liability under the Product Liability Act as well as within the scope of application remains unaffected.
iii. However, the obligation to compensate for violations of basic or essential contractual duties shall in all cases be limited to the foreseeable damage.
iv. The above-mentioned disclaimers and limitations of liability shall also apply with regard to the liability of Kingory’s employees, workers, staff members, representatives and vicarious agents, in particular in favor of the shareholders, employees, representatives, organs and their members with regard to their personal liability.
v. Kingory shall endeavor to assure a continuous accessibility of the servers, however, does not assume any warranty in this respect.
vi. This game is a gratuitous game in its basic version. Therefore, Kingory shall not assume any liability for the failure of servers, for programming errors and damage caused in any other way.
vii. In particular, there is no right to request restoration of the original condition of the account before such interruption took place.
viii. Kingory hereby expressly dissociates itself from the contents concealed behind the links listed on the Kingory site, the servers behind them, the links following on from them and any other visible or invisible contents. Kingory does not assume any responsibility for the contents of these websites, nor does Kingory adopt these websites and their contents. Kingory will not control the linked information. Kingory is not aware of any violations of the external contents against applicable laws. In case of corresponding notifications, the links will naturally be deleted immediately.
9. Refund Policy
Orders are processed and dispensed instantly and automatically when payment is submitted. Users agree that once payment is successfully submitted, no refund will be granted and user will receive the purchased virtual items.
10. Contract duration; deletion of user accounts
i. Unless stated otherwise for the respective online game or other service, the contract for the use of the Kingory portal and online gaming and other service offerings is for an indefinite period. It begins with the registration or activation by Kingory
ii. The contract may be terminated by either party at any time with immediate effect, provided that there is no agreed upon temporary contract period. If a temporary contract period has been agreed upon, it may be terminated proper only at the end of the period. If it is not cancelled, the current temporary contract is extended automatically by the originally agreed contract duration.
iii. Either party has the right to terminate the contract for cause without giving notice. An important reason constitutes in particular, if
a) the user is in default with the payment of the charges, and does not pay despite warnings,b) a behavior exists that affects the game experience of other players not insignificantly,
c) cheats, mods and/or "hacks" as well as any other form of software, tools or scripts are used that alter the gaming experience or the game mechanism of online games,
d) third parties play on the user account of the user, unless the rules of the game provide specific exceptions.
e) the user plays on the user account of a third party or uses more than one user account per online game, f) the user of virtual objects that are used in online games uses these outside of online games, attempts to buy or sell for "real" money or tries to barter or
g) the user culpably violates laws, these terms of use, complementing existing conditions and/or rules of the game
iv. Any termination must be in writing. Terminations via e-mail are considered in writing.
v. In the presence of legitimate reasons (e.g. extended period of inactivity), Kingory is entitled to cancel the user account. Moreover, Kingory at its discretion is entitled to delete to user accounts at the end of the contract.
11. Data protection
i. Kingory shall handle all personal data which the user submits during his contractual relations strictly confidential and shall adhere to all relevant data protection regulations.
ii. For technical reasons, participation in the game and the game related services is not possible without storage of the user data. The user agrees to the electronic storage and processing of his user data by applying for the opening of a game account or by using the game or game related services respectively.
iii. There is no right to re-claim any paid remuneration for a deletion of game account. Upon deletion of the account, Kingory shall delete the user’s data from its system. Kingory shall be entitled to continue to inform the user of innovations via e-mails also after the deletion of the account.
12. Governing Law, Jurisdiction
i. The law of the United States of America applies.
ii. If the user does not have a general jurisdiction in America or where the user is a merchant in terms of the Commercial Code, jurisdiction for all disputes is the headquarters of Kingory. Kingory is also entitled to sue at the general jurisdiction of the user.
13. Amendments to these terms and conditions, other, communications, escape clause
i. Kingory reserves the right to change these terms and conditions. Users will be informed of the change via the Kingory portal or via the online game. Alternatively Kingory can send its users the change in terms and conditions via e-mail or inform them that the change in conditions can be accessed through the Kingory internet pages. The user declares its consent of the changed terms of use by logging in on the Kingory portal again or the online game, after this change has become effective.
ii. The user may transfer rights and obligations under this contract only after prior written consent of Kingory.
iii. The user is only entitled to set-off, when his counterclaim has been legally established or has been recognized by Kingory and is uncontested. The user can only exercise a right of retention as far as there are claims arising from this contract.
iv. Kingory communicates with the user – unless indicated otherwise by theses terms of use - usually by e-mail. The user makes sure that the e-mail specified at registration is checked regularly for messages from Kingory. When contacting Kingory, the user has to indicate which online game and which user account he/she is referring to.
v. Any amendment and/or repeal of these terms of use must be in writing. This also applies for a change and/or waiver of written form.
vi. If any provision of these terms of use should be or become ineffective and/or oppose statutory provisions, the effectiveness of the remaining provisions of the terms of use are not affected. The ineffective provision shall be replaced by the parties by such a provision, which legally comes closest to the economic sense and purpose of the invalid provision. The above provision applies in case of loopholes accordingly.