1. Scope and Subject of the Terms and Conditions of Use
1.1 These Standard Terms of Use (“Terms of Use”) govern the use of online games and other services such as forums or support systems (“Laniatus Services”) offered by Laniatus LLC, 1942 Broadway St. STE 314C, Boulder, CO 80302, US (“Laniatus”).
1.2 Laniatus LLC offers its Products and Services solely for the use of consumers. The Laniatus Studio Services may be available as free online games and services or as online games and services where certain virtual goods and rights may be acquired for a fee. In some cases, the Laniatus Services may also be available for a one-off or regular fee (“Subscriptions”). These Terms of Use also apply to paid Laniatus Services, including subscriptions, unless expressly stated otherwise. The paid acquisition of virtual articles or rights and membership arrangements are also subject to the Special Terms and Conditions for the Paid Acquisition of Virtual Articles and the Organisation of Paid Memberships (“Special Conditions”).
1.3 Laniatus is entitled to stop the operation of its products or services offered by Laniatus without prior notice due to urgent technical reasons or necessary maintenance work. In all other cases, reasonable prior notice will be given as appropriate.
1.4 Laniatus products and services may only be used for the version or content currently available.
1.5 Laniatus Products and services are intended solely for the entertainment use of consumers. Any use for profit or personal gain is prohibited. Exceptions to this require the express prior legal and written permission of Laniatus LLC.
1.6 The User is responsible for the timeliness and suitability of the software and hardware used by the User, in particular for the purpose of using new versions or other updates of the Laniatus Services.
1.7 The Laniatus Services are subject to the applicable rules of play or use (“Rules”), if any, detailing the ownership and possession rights of Laniatus LLC. In the event of a conflict between the Terms of Use and the Rules, the Terms of Use shall take precedence, unless the Rules are specifically prioritised.
1.8 The user’s contrary rules or standard terms and conditions shall not apply.
2. General provisions on the conclusion of a contract
2.1 In order to use Laniatus services, the user must be registered in the system. This does not apply in cases where an exception to the registration requirement is made (e.g. with the slogan “play now for free!”). The user must always be registered in order to save a game state.
2.2 The owners of user accounts created to use Laniatus services must be individual natural persons (groups, families, life partners, etc. are not allowed). Registration must be completed personally. Registration through third parties is never permitted.
2.3 Minors are permitted to use the Laniatus Services only with the consent of the relevant legal guardian and only if the user has reached the minimum age specified in the relevant age rating.
2.4 During the registration process, the user is required to enter certain data, such as a player name and an e-mail address registered in his name and server selection. The user has no right to be assigned a specific player name. The player name may not infringe the rights of any third party or the relevant legal regulations or be contrary to public morality. The user is expressly responsible for this. Likewise, the use of an e-mail or internet address as a player name is not permitted. The information provided by the User during registration must be completely correct and complete. The user is obliged to continuously update the information provided during registration. If necessary for the implementation of the licence agreement, Laniatus is entitled to request a suitable proof of identity, which will be deleted immediately after verification.
3.2.1 The Laniatus Services contain any content protected by international trademark law, copyright or other forms of intellectual property in favour of Laniatus or third parties. Unless expressly authorised in writing by Laniatus, the end user is not entitled to modify, reproduce, use for his/her own purposes or publicly disseminate the Laniatus Services or the content provided therein, nor may he/she use them for advertising or any other purpose other than the contractually agreed (end user service) purpose. Reproduction is only permitted where technically necessary for the use of the Laniatus Services as agreed in the contract. This process is followed by the Laniatus legal department. The alteration, concealment or removal of copyright notices and trade mark names is strictly prohibited.
3.2.2 “Content” includes all data, images, texts, narratives and stories, game models and assets, graphics, music tracks, sounds, gameplay and game idea, sound sequences, videos, programmes or software code and other information (websites, forums and wikis) provided by Laniatus to the end user as in the end user agreement. In particular, “Content” shall be understood to include all service offerings available for download.
3.2.3 The end user is obliged to refrain from any action that could jeopardise or interfere with the Laniatus Services and may not access data to which they have no right of access. He/she may not attempt to access it.
3.2.4 The end user Laniatus services has no right to publish or republish (copy content) within the scope.
3.2.5 The use of Laniatus services via anonymisation services (VPN, DNS, DDNS etc.) or similar tools that can hide or hide the user’s real IP address, system information or origin is never allowed.
3.3 Use of client software Laniatus grants the user, in relation to services which require the prior installation of client software to enable their use, the non-exclusive (ordinary) right, limited to the duration of the licence agreement, to install and use the client software. The user is only permitted to reproduce the client software insofar as this is necessary for the contractually compliant use of the software. All forms of commercial and non-commercial use of the software are prohibited. Any modification of the client software or the retranslation of the supplied program code into other code forms (decompilation) as well as any other forms of reverse engineering of the various software production phases are prohibited to the extent these are not required to obtain the information necessary to establish interoperability of the client software with other programs, and if the establishment of interoperability cannot be otherwise demanded particularly from Laniatus and the relevant data is not used for any purpose other than establishing interoperability and these actions are performed by the user only.
4. Special conditions for the use of the online games
4.1 Unless the rules allow exceptions, the user may participate in each round of an online game (e.g. world, universe, server, etc.) using only one user account. Using more than one user account (“multi-account”) is prohibited. Laniatus has the right, at its sole initiative and discretion, to block or permanently remove unauthorised multiple accounts created at any time without prior notice.
4.2 The user is prohibited from manipulating the online game in any way. In particular, the User is not entitled to use any measures, mechanisms or software (Macros, third-party cheating software, etc.) that may interfere with the functionality or the course of the game. The User is prohibited from taking any action that may cause an unreasonable or excessive load on technical capacities. The User is prohibited from blocking, overwriting or modifying content created by Laniatus or interfering with the online game in any other way not defined herein.
5.4 Laniatus does not claim any ownership to the content provided by users. The user nevertheless grants Laniatus the permanent, irrevocable and non-exclusive right to use the content and contributions made by him within the ambit of the Laniatus Services. Laniatus indicates that the content entered is at best subject to active sampling checks, but this is not a seamless monitoring method. The user, moreover, has the possibility of reporting to Laniatus content that is possibly illegal. Laniatus will thereupon respond promptly and, insofar as required, will edit or delete the reported content.
6. Consequences in case of breach of duty
6.1 In the event that Laniatus objects to certain content, the user must remove the content immediately if there is any doubt. Laniatus reserves the right to remove this content itself.
6.2 Notwithstanding any other legal or contractual rights, in particular the right of termination for just cause pursuant to article 8.2 of these Terms of Use, Laniatus may, in the presence of factual circumstances that actually indicate that the user has breached these Terms of Use or the relevant additional terms and Rules, take one or more of the following actions at its sole discretion, as long as the user is not responsible for the breach: a) change or permanently delete the content, b) issue a warning to the relevant user, c) publicises the misconduct in the relevant online game and platform and makes the player’s name public, d) temporarily or permanently block the user account, and e) impose a permanent hardware ban if necessary f) permanently exclude the user concerned, including in future cases.
6.3 Once a user has been excluded, he may not register a new user account without the prior consent of Laniatus
7. Disclaimer
7.1 Laniatus is liable according to the statutory provisions for damages suffered by the user and caused by the wilful intent or gross negligence of Laniatus or its agents. It is also liable for personal injury and damage within the meaning of the Product Liability Act.
7.2 Otherwise Laniatus’ liability for claims for damages – regardless of their legal basis – is limited in accordance with the following provisions, unless otherwise stated in a warranty given by Laniatus:
7.2.1 Laniatus shall only be liable for loss or damage caused by ordinary negligence in the event of a breach of material contractual obligations. Material contractual obligations are contractual obligations that are absolutely necessary for the proper performance of the contract and that the user should normally be able to rely on the fulfilment of these obligations. If Laniatus is liable for ordinary negligence, Laniatus’ liability shall be limited to damage/loss that is foreseeable and typical for this type of contract.
7.2.2 The liability of Laniatus in relation to data and/or programs lost due to Laniatus ordinary negligence shall be limited to the typical recovery costs that would have been sustained by the user had he implemented regular data backup measures which are reasonable in view of all the circumstances.
7.3 The provisions set out in the foregoing sub-paragraphs also correspondingly apply to the duty to compensate futile expenditure.
7.4 The aforementioned disclaimers likewise apply in favour of Laniatus’s vicarious agents.
7.5 Laniatus is not liable for any costs sustained by the user availing of services not explicitly offered by Laniatus itself. This applies particularly to costs incurred due to the data transfer to and from the user’s terminal device as well as for any costs sustained by the user in using payment systems.
7.6 Any strict liability for defects in Laniatus services that exist at the beginning of the provision of the service is excluded, i.e. Laniatus is only liable to the extent that Laniatus or its agents are liable.
8. Contractual term; deletion of user accounts
