§1 Scope, Definitions

 

(1) These General Terms and Conditions (GTC) apply to all business relationships between the operator of the Minecraft server “playlegend.net” – Playlegend Games GmbH, Rudolf-Diesel-Str. 10, 61267 Neu-Anspach, Germany (hereinafter “Provider”) and the user of the server (hereinafter “Player”). They apply in their version valid at the time of use.

 

(2) The Player is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural person or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.

 

(3) The Provider concludes contracts exclusively with natural persons. The Player guarantees that he/she enters into this contract as a private person, unless otherwise agreed in writing in advance.

 

(4) Minors, i.e. persons under the age of 18, may only use the Minecraft server [server name] if they have the express consent of their legal guardians. By using the server, the player confirms that he has reached the age of 18 or has the consent of his legal guardians. The Provider reserves the right to demand proof of age or the consent of the legal guardians.

 

(5) The Provider reserves the right to change these GTC at any time and without stating reasons. The amended terms and conditions shall be communicated to the player in a reasonable manner. If the Player does not object to the validity of the new GTC within two weeks, the amended GTC shall be deemed accepted. The Provider shall separately point out the significance of this two-week period.

 

(6) Should the Player object to the amended GTC, the contractual relationship shall continue to exist under the previous conditions. However, the Provider reserves the right to terminate the contractual relationship for good cause. If the amendments only contain rules that do not change the fundamental legal relationship between the parties, the amended GTC shall have effect even without the User’s consent.

 

(7) Deviating, conflicting or supplementary General Terms and Conditions of the Player, even if known, shall not become part of the contract, unless their validity is expressly agreed to in writing by the Provider.

 

(8) The Provider reserves the right to change, expand or restrict the use of the server and the associated services at any time. This applies in particular if the changes are necessary due to (further) technical developments, changes in jurisdiction or other equivalent reasons.

 

§2 Subject matter of the contract

 

The subject matter of the contract is the use of the Minecraft server [server name] by the players. This also includes the purchase of virtual goods or services offered by the Provider or third parties on the server. The player acknowledges that these virtual goods and services have no real value and cannot be exchanged for real currency, goods or services. The Provider reserves the right to change or discontinue the availability of virtual goods and services at any time. The player further acknowledges that the Provider is not responsible for the loss of virtual goods or services lost due to game events, including, but not limited to, server downtime or data loss.

 

• 3 Conclusion of contract

 

(1) The player can conclude a contract with the Provider as soon as he logs in to the server for the first time and has adequate knowledge of the GTC.

(2) The conclusion of a contract for the purchase of individual virtual items takes place at a different time and may require the conclusion of another contract (see below).

(3) The Player may select virtual goods or services from the Provider’s offer and purchase them via the store.playlegend.net website. To purchase virtual items and benefits, the player must enter into another contract with the Provider Tebex Limited, Levy Cohen & Co, 37 Broadhurst Gardens, London, United Kingdom, NW6 3QT. This Provider has in turn entered into a contract with the operator of the Minecraft server [server name], which offers the use of the purchased purchases on the server under German law. The conclusion of the contract is affected by the confirmation of the Provider Tebex Limited.

 

(4) The Provider reserves the right to restrict or deny access to the server or to certain functions of the server if the player violates these GTC or the game rules of the server. .

 

(5) The Player is obliged to provide truthful information when registering and ordering virtual items. If the Player’s data changes after registration, the Player is obliged to update these changes immediately in his user account.

 

(6) The player may only use the services of the Provider for private purposes. Commercial use is expressly excluded unless otherwise agreed in writing in advance.

 

(7) In the event that the player purchases virtual items via Tebex.io, Tebex Limited itself shall be responsible for contract execution, fulfillment and payment processing, as the user enters into another contract with Tebex.io. Therefore, the T&Cs of Tebex.io also apply. However, the Provider, as a cooperation partner, endeavors to mediate in case of problems with Tebex.io, but is not responsible for legal and organizational errors of Tebex.io itself. It is recommended to read the T&Cs of Tebex.io before making a purchase.

 

§4 Rights and obligations of the Provider

 

(1) The Provider reserves the right to transfer all claims and rights against Players to another legal entity, provided that this does not unreasonably interfere with any rights (including data protection laws) of Players.

 

(2) The Provider may add, remove, or change new Providers, partners or payment intermediaries for virtual items or services at any time. The Provider may also transfer the players’ virtual items to new partners or Providers if this does not unreasonably prejudice the players’ claims.

 

(3) The Provider may amend these GTC at any time, provided that this does not impair any material contractual claims of the Players. The players shall then be entitled to termination or replacement of virtual items if mandatory laws require this. Game rules may be extended, changed or adapted at any time.

 

(4) The Provider reserves the right to change, interrupt or discontinue the service at any time, provided that this does not restrict any benefits of a player acquired against payment, unless the Provider is entitled to compensate the player for the loss.

 

(5) The Player acknowledges and agrees that the Provider is not responsible for the content of third parties and has no control over such content. The Provider assumes no responsibility for the content, privacy practices or conduct of any third-party websites or services.

 

(6) The Player acknowledges and agrees that the Provider shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for lost profits, goodwill, use, data or other intangible losses.

 

(7) The Player agrees to indemnify and hold harmless the Provider, its affiliates, employees, agents, and successors from any claims or demands arising from the violation of these TOS.

 

(8) The player grants the Provider all rights to the exploitation of the buildings or constructions created in the game. In particular, the player authorizes the use and display in promotional videos, streams, other videos, or further marketing communication.

 

(9) The Player acknowledges that he has no rights of his own to the exploitation of the constructions, even in the case of extensive constructions, and that he is in particular, but not conclusively, also not entitled to any claims for subsequent remuneration if a construction increases the attractiveness of the server and thus increases the Provider’s revenue opportunities.

 

(9) The Provider has the right, at reasonable intervals and if technically necessary, to carry out work on the infrastructure of the hardware underlying the Minecraft server, which may make it impossible or only possible to a limited extent for the player to use the service. The is also permissible in the event that the player has purchased a premium account or other digital items valid for a certain period of time via the Provider Tebex.io or another way. In the event of a maintenance interval of more than 8 hours or other downtime of more than 8 hours, the Provider shall endeavor to grant additional usage time for digital items granted for a certain period of time. Monetary reimbursement or credit is excluded to the extent permitted.

 

§5 Right of Revocation

 

The player has the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise the right of withdrawal, the player must inform the Provider by means of a clear statement (e.g. a letter sent by mail, e-mail) of his decision to withdraw from this contract.

Notice of the Provider

The right of withdrawal does not exist or expires for the following contracts: for the delivery of digital content that is not delivered on a physical data carrier (e.g. a CD or DVD), if you have expressly agreed to the start of the execution before the order and confirmed at the same time that we can start the execution and you lose your right of withdrawal as soon as the execution has started.

 

 

• 6 Prices and payment modalities

 

(1) All prices for virtual goods and services stated on the Provider’s server or on the website store.playlegend.net are inclusive of the applicable statutory value added tax.

 

(2) Payment of the purchase price is due immediately upon conclusion of the contract. The Player will be informed of the various payment methods accepted by the Provider during the ordering process.

 

(3) The specific payment modalities, including the available payment methods, any payment periods and other payment terms, are governed by the General Terms and Conditions of the Provider Tebex Limited. Tebex Limited sells all virtual goods in its own name and for its own account and does not act as a payment service Provider or payment gateway. The Provider only has influence on the exact course of the payment modalities within the framework of a service contract with Tebex Limited.

 

(4) The player is obliged to bear any costs arising from an incorrect payment or a chargeback. This includes, but is not limited to, bank charges related to chargebacks or similar charges.

 

(5) The determination of prices and the availability of virtual goods and services are the responsibility of Tebex Limited. The Provider has no influence on these aspects. Changes of this kind have no influence on already concluded contracts.

 

(6) Minors (see § 1 no. 4) are only allowed to purchase monthly chargeable products with the consent of their legal guardians or if they are able to cover the payments from the remuneration they are regularly entitled to (e.g. apprentice remuneration). Other virtual items may only be acquired by minors if they thereby exclusively obtain a legal advantage.

 

• 7 Liability

 

(1) Claims of the player for damages are excluded. Excluded from this are claims for damages by the player arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

 

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the damage claims of the Player are based on injury to life, body or health.

 

(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

 

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the Provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the Provider and the player have reached an agreement on the condition of the item. The provisions of the Product Liability Act remain unaffected.

 

(5) The Provider is not liable for damages caused by force majeure, riots, acts of war and natural disasters or other events for which he is not responsible (e.g., strikes, lockouts, traffic disruptions, orders of higher authorities in Germany or abroad).

 

(6) The Provider is not liable for unforeseeable damages or consequential damages resulting from the use of the server unless these were caused by intentional or grossly negligent actions of the Provider.

 

(7) The Provider is not liable for the loss of data, unless this loss was caused by intentional or grossly negligent actions of the Provider and the player has ensured that a data backup has been made from which the lost data can be restored with reasonable effort.

 

(8) The Provider shall endeavor to ensure trouble-free operation of the server. However, the Provider cannot guarantee a permanent, uninterrupted operation of the server. In particular, the Provider cannot guarantee that created objects, items or the like are permanently accessible.

 

(9) The Provider reserves the right to discontinue the operation of the server at any time without prior notice. In this case, however, the Provider will try to inform the Players as early as possible.

 

(10) In the event of a discontinuation of the operation of the server, the Players shall have no claim to reimbursement for services already rendered or virtual items already acquired, unless the Provider has culpably caused the discontinuation of the operation.

 

(11) In the event of a cessation of operation of the server, the Provider shall endeavor to find a solution that takes into account the interests of the Players. Such a solution could, for example, be that the Players can use their virtual items on another server. However, the Provider is under no obligation to do so.

 

 

§8 Data protection

 

(1) The Provider collects and processes personal data of the Player within the scope of the contract processing. In doing so, it shall observe the provisions of the General Data Protection Regulation and the Federal Data Protection Act. Without the consent of the player, the Provider shall only collect, process, or use the player’s inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

 

(2) Without the consent of the player, the Provider will not use the player’s data for purposes of advertising, market, or opinion research.

 

(3) The Provider has compiled further information regarding the Player’s consent and other questions about data collection, processing and use in the Privacy Policy, which is available in printable form at any time.

 

(4) For the provision of the service and in particular for the availability of virtual items purchased via Tebex.io, it is necessary that data is exchanged between the Provider and Tebex.io. This includes, but is not limited to, the data required for the identification of the player, the execution of the transaction and the provision of the purchased virtual items.

 

(5) Details on the processing of this data are regulated in the privacy policy of the Provider as well as in the privacy policy of Tebex.io. Please note that Tebex.io is based in the United Kingdom. However, since June 28, 2021, there is an adequacy decision of the European Union for the United Kingdom, which in principle allows the exchange of personal data with the United Kingdom.

 

(6) The player agrees that his/her data may be exchanged between the Provider and Tebex.io within the scope of these provisions.

 

 

§9 Rules of the game and code of conduct

 

(1) In addition to these General Terms and Conditions, the Provider reserves the right to establish internal rules of play. These rules of the game can be changed, adapted and extended at any time, provided that the user is made aware of the changes. The game rules are an integral part of these GTC.

 

(2) According to relevant case law, the rules of the game are not subject to judicial review, provided that they do not have a direct impact on contractual obligations.

 

(3) The user undertakes to comply with the following rules of conduct when playing:

 

(a) The use of bots, automation software, hacks, mods, or other unauthorized third-party software that modifies gameplay is strictly prohibited.

 

1. b) Insults, harassment, threats, or other forms of disruption towards other players are not allowed.

 

1. c) Exploiting game mechanics, errors or bugs for personal gain is prohibited.

 

1. d) Any form of cheating, including but not limited to creating or using multiple accounts, is prohibited.

 

1. e) Specific rules apply to building, griefing, game world design, and other aspects of gameplay in Minecraft. These rules may include restrictions and requirements that may be set and changed by the Provider.

 

(4) In the event of violations of the Game Rules and the Code of Conduct, the Provider reserves the right to take appropriate measures. These may include temporary or permanent sanctions, including, but not limited to, warnings, game suspensions or deletion of the player account.

 

(5) The Provider may appoint moderators to monitor and enforce compliance with the Game Rules. Moderators have the authority to admonish players, report violations and, if necessary, take action against players who violate the game rules.

 

(6) The user indemnifies the Provider against all claims of third parties that are asserted due to the violation of rights by structures or other constructions created by the user. This also includes the costs of the necessary legal representation.

 

 

§ 10 General obligations of the user and handling of log-in data and Microsoft/Minecraft account

 

(1) The user is obliged to keep his log-in data and the data of his Microsofts/Minecraft account strictly confidential. In particular, the User is obliged to use his log-in data and the data of his Microsoft/Minecraft account exclusively within the services of the Provider and to protect them from unauthorized access by third parties.

 

(2) The term “log-in data” refers to the User’s personal access data used to authenticate the User and to exclude use by unauthorized third parties. The password shall not be identical to the player’s name and shall contain a combination of numbers and letters of at least eight digits.

 

(3) In the event that the User has reason to suspect that third parties have or could have obtained this data or the data of his Microsoft/Minecraft account without authorization, he must inform the Provider immediately and change his data or have it changed by the Provider. In this case or in the event that there are indications for the Provider to misuse the data, the Provider also has the right to temporarily block the User’s access. The user shall be allowed to use the service again as soon as the suspicion of misuse of the data has been dispelled.

 

(4) The user is under no circumstances entitled to use the log-in data or the data of the Microsoft/Minecraft account of another user, unless the rules provide for exceptions.

 

(5) The user is obligated to comply with applicable law when using the services of the Provider. In particular, the user is prohibited from disseminating insulting, threatening, racist, sexist or other illegal content.

 

(6) The user is obligated to use the services of the Provider only in a way that does not impair the availability of the services for other users. In particular, the user is prohibited from taking measures that could impair the integrity, stability, or availability of the Provider’s services.

 

 

§ 11 Operator’s right of termination

 

(1) The operator reserves the right to terminate the contractual relationship with the player/user if the player/user violates these GTC and does not cease the violation after a one-time warning. This applies in particular if the violation is so serious that the Provider cannot reasonably be expected to continue the contractual relationship.

 

(2) Termination and blocking on the server is also permissible if there is a violation of the internal rules of play and etiquette or other laws or usual rules of common cooperation and if this violation is not stopped after a warning or if there is a repeated violation.

 

(3) A termination and permanent ban is also possible if criminal or socially inappropriate actions take place outside the game by the player and the player makes negative comments about the operator or the Minecraft server.

 

(4) If the player has not purchased any virtual items, termination and banning is possible immediately and without notice. If the player has purchased premium accounts, the procedure is graduated as follows: First, the player will be warned and made aware of the violation. If the violation is so serious, business or financially damaging to the Provider, immediate termination is also possible. In both cases, the Provider will refund purchased and not yet used virtual items on a pro-rata basis. Any further claim for damages by the player is excluded in this case. In particular, the player is not entitled to any claim for items already used in the past.

 

(5) The operator reserves the right to block or delete the player’s account if the player is involved in fraudulent activities, including, but not limited to, fraudulent payments and fraudulent credit card use.

 

(5) The Operator reserves the right to suspend or delete the Player’s account if the Player attempts to manipulate the game or game mechanics, including, but not limited to, the use of bots, hacks, mods or other unauthorized third-party software.

 

(6) The Operator reserves the right to suspend or delete the Player’s account if the Player harasses, threatens, or otherwise interferes with the gaming experience of other Players.

 

(7) The operator reserves the right to block or delete the player’s account if the player violates the terms of use of third-party services used in connection with the game, including, but not limited to, social media platforms and payment service Providers.

 

§ 12 Player’s right of termination

 

(1) The player has the right to terminate the contractual relationship at any time without giving reasons. Termination may be affected by simple notification to the operator by e-mail or via the functions provided in the game.

 

(2) In the event of termination by the Player, the Player shall not be entitled to any refund or compensation for virtual items already purchased or for game time already used. The player acknowledges that the value of these items and the game time consists solely in the possibility of using them during the term of the contractual relationship.

 

(3) The Player shall not be entitled to any transfer, refund or compensation for any items, characters, scores or other data acquired or created in the Game. The Player acknowledges that such data and items are part of the Game and cannot be separated from the Player.

 

(4) In the event of termination by the Player, the Player’s account will be deactivated and all personal data that the Operator has stored about the Player will be deleted in accordance with applicable data protection laws, unless the Operator is required by law or court order to retain such data.

 

(5) The Player acknowledges that termination of the contractual relationship is final and that it is not possible to restore the account, the game scores or the items acquired or created in the game after termination.

 

 

§ 13 Final provisions

 

(1) If the players are merchants, legal entities under public law or special funds under public law, the place of jurisdiction for all disputes arising from contractual relationships between the players and the Provider shall be the registered office of the Provider.

(2) The Provider is neither obligated nor willing to participate in a dispute resolution procedure pursuant to §§ 36 ff VSBG.

(3) In the event that individual provisions of these General Terms and Conditions are invalid, this shall not affect the validity of the remaining provisions.

(4) The player is responsible for complying with all applicable laws, rules and regulations in the jurisdiction in which he is located. In addition, he must comply with the acceptable use and conduct policies that the Provider publishes from time to time on its websites, apps and games.

 

(5) The Player has no ownership or other proprietary interest in any Virtual Content that he unlocks, regardless of how he gained access to it. Virtual content has no monetary value and cannot be exchanged for “real” money.

 

(6) The Provider or any third party reserves the right to delete, modify, move, remove, repackage, revalue or transfer access to Virtual Content or any part thereof at any time, with or without prior notice to the Players and without any liability to the Players. However, this applies only to the extent that no other paid services are used by the players.

 

(7) Some aspects of the Provider’s services may require payment of a fee, and the Player agrees to provide accurate and complete payment information to the Provider or the third-party payment processor used by the Player. The Player further agrees to pay all fees and applicable taxes incurred on the Player’s Account.

 

(8) The Provider may suspend or terminate the Player’s Account without prior notice if it reasonably determines that the Player has violated any part of these General Terms and Conditions

 

(9) In the event of a conflict between the English language version and the German language version, the German language version of these GTC (here) shall prevail, provided that no mandatory consumer protection rights are affected thereby.