Important: for Consumer Information and instructions regarding the exercise of the Right of Withdrawal please go tohttps://www.cosmicelk.com/consumer-information .
Terms and Conditions
Sandbox Interactive GmbH
The following terms and conditions may be downloaded and stored or printed at any time.
Table of Contents
§ 2 Definitions
§ 3 Provider and Contractual Partner
§ 4 Specifications for Use
4.2 Devices and who is entitled to Play
4.4 In-Game-Features, Virtual Benefits and Premium Features
4.5 General Ruleset for Virtual Benefits
§ 5 Requirements for Use
§ 6 Costs and additional costs
§ 7 Contractual Language
§ 8 Registration, Conclusion of Contract, Premium Status
8.2 Premium Status
§ 9 Game Shop, Conclusion of Contract
9.2 Acquisition and Use of Virtual Benefits, Premium Status
§ 10 Right of Withdrawal
§ 11 User Account
§ 12 Granting of Rights by Users, Content
§ 13 General Obligations regarding User Conduct and Content
§ 14 Cheat Protection
§ 15 Term and Termination, Blocking and Disabling Access (Sanctions)
§ 16 Liability
§ 17 Availability
§ 18 Consumer Information
§ 20 Applicable Law
§ 21 Game Rules
§ 1 Scope
1.1 Sandbox Interactive GmbH, Pappelallee 78, 10437 Berlin, Germany, (“Sandbox Interactive“, “We” or “Us”) operates an online game and a gaming portal called Albion Online. This gaming portal consists of the websitecosmicelk.com ("Website") and a massively multiplayer online role playing game ("Albion Online" or “Game”).
1.2 On our Website we offer a broad range of information about our Game including an online community (“Community”) which offers registered users (“Users”) the possibility of creating a profile page, participating in forums, sending messages to other Users, uploading media such as photographs and texts, and using other features. The Game (including the Apps) and the Website, with all of their respective features and functionalities, are together called the Services.
1.3 Sandbox Interactive also operates the Game Shop accessible via the Game or Website (“Game Shop”).
1.4 These general terms and conditions (“Terms and Conditions” or “Terms”) apply to any User of the Game, Game Shop and/or the Website. The contractual relationship between Sandbox Interactive and the Users is governed exclusively by these Terms and Conditions in the version valid at the time that the agreement (“Agreement”) is concluded.
1.5 Users’ conflicting or deviating terms and conditions are not a part of the Agreement and will not be accepted unless Sandbox Interactive has expressly agreed to their application in writing.
1.6 This also applies if Sandbox Interactive performs its services without reservation and in full knowledge about conflicting or deviating terms and conditions by Users. Additional documents such as game rules, rules for use, participation requirements and communication rules, such as forum rules (in these Terms and Conditions jointly referred to as "Game Rules") may be published on our Website or in the Game. By participating, the User bindingly accepts these Game Rules .
1.7 If these Terms and Conditions and the Game Rules contradict each other, these Terms and Conditions supersede the Game Rules found at:https://www.cosmicelk.com/en/game-rules
1.8 Sandbox Interactive may change these Terms and Conditions with regard to future use. Unless a User gives explicit consent to the change of Terms (see below), Sandbox Interactive will change these Terms according to the following procedure: Sandbox Interactive will notify the User of such changes in text form (i.e. email or a notification in the Account of the User). The User may object to such changes to these Terms and Conditions according to the following provisions: The User need to direct their objection against the changes to the Terms and Conditions (“Modifications“) to Sandbox Interactive within six (6) weeks after receipt of Sandbox Interactive’s notification concerning the Modifications (“Modification Notice”). To comply with the time limit, the objection must be received by Sandbox Interactive within the time limit. If the User does not object in due time, the Modifications will be deemed accepted and the modified Terms and Conditions will become an integral part of the agreement with the User. The Modification Notice will expressly refer to this effect and to the form and time limit of the objection. In the event of an objection in due form and time, the Terms and Conditions will remain in force in their unaltered version. In this case, Sandbox Interactive may terminate the agreement with the User in accordance with 14.5.1.
1.9 Regardless of and in addition to the passive change procedure as set out above, these Terms can always be changed by express consent. If the User confirms the new terms, for example, in a pop-up window, such new terms will come into effect as set out in the new terms, and in absence of a new commencement date, immediately.
§ 2 Definitions
User: A User is a natural person who created an Account or uses the "Play as Guest" feature as described below. Our use of masculine pronouns when referring to Users shall be interpreted to mean Users of any and all genders.
Guest Account: In the mobile versions, a User can use the "Play as Guest" feature, allowing a natural person to play the game, without registering an account. Instead, progress is based on the client installation ID. In the context of these terms and conditions, the terms Account and Guest Account are congruent, with the exception of Guest Accounts being specifically excluded from any real money transactions. A Guest Account can be converted to an Account, by following an in-game prompt to register.
Account: An Account is a combination of email address and password that a natural person can create on the Website via the registrationpage, via a purchase from the Shop or through the game client.
Character: A Character is a game character created by the User on his Account. Depending on the Account type, an Account could have more than one Character.
Game: The game Albion Online
Game-Shop: means a Shop, located in the Game or on the Website, where Users can acquire Virtual Benefits in exchange for real money.
Premium Status / Premium Time: Premium Status is a set of benefits, features and perks that are made available to a Character for a period of time if that Character has obtained the Premium Status, for example, by purchasing it with real money or virtual currency. The period of time for which Premium Status is obtained is called Premium Time.
Publisher: The legal entity making the license agreement with the end user; in this case, Sandbox Interactive GmbH
Purchase: The Term “purchase” (if used in connection with Virtual Benefits) is not a purchase as defined in the legal theory; it only gives the right to the User to use the respective object/service in the Game during the term of this agreement.
Software Product: All video game related software for Albion Online. May include associated media, printed media, and on-line or electronic documentation
Unit: Computer or any other gameplay device on which the Game is used
Virtual Benefit: Virtual Benefit means Virtual Currency, Premium Time, Virtual Property, Characters, Character customizations, Character perks, vanity perks, convenience features, game packs, founder packs and other features or perks that can be, as the case may be, earned through gameplay, purchased for real money or virtual currency, awarded by Sandbox Interactive, or otherwise obtained by a User for a Character or Account.
Virtual Property: Virtual Property means in-game items, land and buildings.
Shop: Means, in general as the case may be, the section of the Website or Game where Users can make purchases of Virtual Benefits.
Sandbox Interactive GmbH
Director entitled to represent the company (Geschäftsführer): Robin Henkys (CEO), Roman Wendt (CEO)
Amtsgericht Berlin Charlottenburg – HRB 141903 B
4.1 Sandbox Interactive provides access to the Website and the Game including various Services. The User can play the Game after setting up a User Account (“User Account”) and downloading and installing the Game Client software or by connecting with a Guest Account on the mobile versions of the game client.
4.2 Devices and whom is entitled to Play
4.2.1 The Game may also be played via an application for mobile devices (“App”). An App is currently available for Android and iOS. Apps are usually not directly provided by Sandbox Interactive but by a third party provider (“App Store”). A separate user account with such App Stores may be necessary for the purpose of downloading the Apps. The goal of Sandbox Interactive is to deliver the same gaming experience on all devices including mobile devices. However, due to technical or platform limitations game performance, graphics quality, sound quality and response times achieved by playing on mobile data connections and/or mobile devices and/or connected devices may not be completely equivalent to those when playing via stationary data connections and/or stationary devices. On some devices and operating systems, certain functions and contents may not be available at all.
4.2.2 Only natural persons may register for the Game and set up a User Account (“User Account“). Once Users have registered and set up a User Account they may play the Game in compliance with the Game Rules. Participation in the Services is for entertainment purposes only, any use of the Services for commercial purposes is prohibited unless specifically allowed in these Terms or the Game Rules. Promoting the Game on YouTube, Twitch and other video and streaming sites is permitted, but, in our sole discretion, we can withdraw that permission at any time by notifying the User in writing.
4.2.3 Only persons of legal age or persons whose legal guardians have provided consent to the use are allowed participation. At the time of registration for our Services, the User represents that he is of legal age and of legal capacity or that his legal guardians have provided consent. If the User is a minor, then the legal guardian must provide consent. We are entitled to request at any time written proof of the User's legal age or the written consent of the legal guardian. As soon as a minor uses his User Account after he becomes of legal age, then all agreements in connection with him/her concluded before achieving legal age are deemed approved provided he does not revoke the approval toward Sandbox Interactive within two weeks upon reaching legal age.
The Game is what is known as a Massively Multiplayer Online Role Playing Game (MMORPG) taking place in a medieval-style fantasy game world.
4.4 In-Game-Features, Virtual Benefits and Premium Features
The User may acquire Virtual Benefits from a Game-Shop in exchange for real money to use in connection with the Game. Sandbox Interactive may restrict the award or use of Virtual Benefits based on your country of residence or other factors. Sandbox Interactive may offer the opportunity to purchase Virtual Benefits from a Game-Shop for real money and to utilize Virtual Benefits directly in exchange for paying a fee. The User will be expressly notified if the service offered is not free and the User will be informed about his right of withdrawal (if any). Sandbox Interactive informs the User of the respective features, requirements and prices of the Virtual Benefits prior to the purchase. The Virtual Benefits are available after the Users have made their payment, in some cases, depending on availability, using virtual currency or real money. Note: Some Virtual Benefits may also be received through gameplay or as part of a game pack.
4.4.1 Premium Status (Subscription)
126.96.36.199Users may acquire Premium Status for real money for one of their Game Characters for a specific period of time (“Premium Time”). If Premium Time is purchased together in a pack with other Virtual Benefits like Gold or Vanity Items, that pack is referred to as a Premium Bundle or Starter Bundle. The associated fee is paid for the entire period up-front. This acquisition of Premium Time for real money concludes a subscription agreement (”Subscription”) with Sandbox Interactive for the respective Game Character. For Subscriptions entered into before March 1st 2022, the Subscription will automatically be renewed for the same amount of Premium Time originally bought and with the same means of payment, when the remaining Premium Time on the Game Character is 3 days or less. If a User with an active Subscription for a Character acquires additional Premium Time for that Character, the time at which the Subscription renews is pushed back by the amount of additional Premium Time acquired. Subscriptions that are entered into after March 1st 2022 shall be renewed for an indefinite period of time and may be terminated with one month's notice. The price per month after automatic renewal depends on the initial term: it is calculated by dividing 30 days by the original term of the Premium Status subscription and multiplying the result by the price for the initial term of the Premium Status subscription. In the case of Premium Time subscriptions made as part of a Premium Bundle or Starter Bundle, the Virtual Benefits included in the bundle in addition to the Premium Time are granted only once at the time of Subscription. Renewal of the Subscription does not grant any additional Virtual Benefits beyond the Premium Time
188.8.131.52 The User can stop the automatic renewal of a Subscription by cancelling it giving 5 business days’ notice to Sandbox Interactive in text form (email will suffice) or by using the account management section provided by Sandbox Interactive for cancelling a Subscription. We may still accept a shorter notice period, but have no obligation to do so. The Subscription can be canceled without giving reasons. Please note that there will be no partial or full refund for already acquired Premium Status, neither in the form of real money nor in any other form, unless explicitly specified in these Terms and Conditions.
184.108.40.206 The User has the opportunity to acquire Gold, the Premium Currency, for real money. Gold can be used in-game to acquire Premium Status and other Virtual Benefits, such as so called vanity Items, and other content or services that we may offer from time to time. Gold can also be traded in-game with other Users and via the in-game currency exchange, though we explicitly reserve the right to restrict, modify or remove the User’s ability to do so.
4.5 General Ruleset for Virtual Benefits
4.5.1 Users are prohibited from selling, purchasing, renting, leasing, offering, accepting, disseminating or copying Virtual Benefits, including Virtual Currency, within and/or outside the Game - in whatever form – to/from third parties unless expressly permitted by these Terms and Conditions or the Game Rules. An in-game-system provided by the Game or by Sandbox Interactive to trade Virtual Benefits of the Game constitutes such an exception. In this case, the transfer of Virtual Benefits from one User to the other is only permitted if the transfer takes place - no matter if within or outside the Game – either without any form of consideration or with consideration if the consideration consists solely of Virtual Property or Virtual Currency of the Game and such is transferred within the Game itself or via a function provided by the Game. The acquisition of Virtual Benefits in exchange for any form of consideration other than Virtual Property or Virtual Currency of the Game is expressly prohibited. If the User trades or exchanges Virtual Benefits on a large scale without a comparable value obtained within the Game, then it is assumed that the User violates this rule. The User is entitled to provide counter-evidence. For the avoidance of doubt, Users are also prohibited from knowingly supporting, aiding or abetting other Users in breaching this clause 4.5.1.
4.5.2 By making a selection from the Virtual Benefits credited to their User Account to be used in the Game, Users specify performance regarding characteristics of the Game and modify the gaming experience within the Game Rules and the scope granted to them by the “purchase” during the Term or the duration of the Virtual Benefits. The scope and duration of Virtual Benefits are subject to run-times and expire at the end of the period identified in the Shop or during the purchase. The permission to use Virtual Benefits ends at the latest at the time when the agreement to use the Game concluded between User and Sandbox Interactive expires or is terminated.
4.5.3 Virtual Benefits that can be bought for real money can often also be obtained in-game through other means, for example by purchasing them with Virtual Currency or by trading with other players. When a Virtual Benefit is initially bought for real money for an Account, it counts as having been bought for real money for that Account only. As a general rule, Virtual Benefits bought for real money by an Account do not count as having been bought for real money by any other Account, for example, if the other Account obtains that benefit via an in-game trade. If an Account buys a certain Virtual Benefit for real money, but also has obtained or obtains more of the same Virtual Benefit via in-game means, then every time the Account transfers, uses, consumes, trades, loses or spends a portion of that Virtual Benefit, it is assumed that those parts of the Virtual Benefit acquired with real money by that Account are used first. Under no circumstances shall we be required or liable to refund or compensate a User in relation to any Virtual Benefits that have not been bought for real money as defined above.
4.5.4 The User understands, accepts and agrees that he holds no interest, monetary or otherwise, in any feature or content contained in the Game, including without limitation the Accounts registered to him or any Virtual Benefits.
4.5.5 As a rule, Users may only use Virtual Benefits purchased for real money after they have expressed their consent and have acknowledged, prior to the purchase, that they lose their right of withdrawal.
4.5.6 There is no return policy on Virtual Benefits. Virtual Benefits acquired through virtual currency or real money cannot be exchanged back to virtual currency or real money subject to any constellation regulated in these Terms and Conditions.
4.5.7 Sandbox Interactive may decide to change features of the Game at its own reasonable discretion, unless this is legally deemed to be unacceptable for the Users, and to cease offering its services, subject to the provisions regarding the termination of this Agreement. The Virtual Benefits and Services offered by us in exchange for virtual currency or real money may be discontinued, modified or removed from the User’s Account by us at any time in our sole and absolute discretion. We have no obligation to continue making offers available for the redemption of Virtual Benefits. Sandbox Interactive is entitled to reduce and/or increase the prices for Virtual Benefits with regard to the future and to create and sell new Virtual Benefits at any time.
4.5.8 Sandbox Interactive may, in their sole and absolute discretion, make regular changes to the Game’s balance. This includes, but is not limited to, the power of particular items, the design of the game world, features of the game and the entire virtual economy. This may result in a significant perceived reduction of the in-game strength of a User’s Virtual Benefits. We will not be required to provide any in-game or out of game compensation for this.
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5.1 Playing the Game requires the download of the Game and permanent access to the internet and a suitable device that the Game can be played on. The system requirements depend on the operating system of the User. The Game may be played via OS X, Windows, Linux, iOS or Android. Details about system requirements are published on the Website and can be found athttps://www.cosmicelk.com/en/download.
5.2 The system requirements will increase from time to time, in line with technological progress. This means that older devices, which currently meet the minimum system requirements of the Game, might no longer be supported in the future.
6.1 In order to play the Game, Users need to create an Account.
6.2 In the event Users purchase Virtual Benefits for real money via the Game Shop they enter into a contractual agreement with Sandbox Interactive or, if applicable, a different provider (if indicated e.g. on a platform like the Apple App Store), obliging them to pay the price shown in the Game Shop. If the purchase is made via a payment provider, Users have to bear the costs in connection with such purchase (as indicated in the Game Shop).
6.3 Sandbox Interactive may offer Users the option to subscribe to individual or several Services in connection with the Game and the Website. If a User concludes a Subscription agreement by purchasing Premium Status for a specific period subject to a fee, such Subscription will automatically be renewed as specified in 220.127.116.11 unless the User terminates the Subscription in accordance with 18.104.22.168. Please note that there will be no partial or full refund for Premium Status purchased via Subscription in the event of a User wanting an early cancellation of the Subscription before the end of the specific period, unless otherwise specified in these Terms and Conditions. Sandbox Interactive will notify the User by email or within the Game of any price changes with regard to his Subscription. These changes are deemed accepted by the User, if the User has not objected to the price changes in part or in whole in writing (email will suffice) within six weeks upon receipt of the information on the price change. In this notification, Sandbox Interactive will inform the User expressly about the consequences of his reply. Irrespective thereof, the User can also exercise his right to termination as described in these Terms and Conditions.
6.4 Accessing the Website is free of charge. There may be costs incurred by the connection to the internet and the Game Shop depending on the contractual agreement of the Users with the provider of their mobile, internet or other connection.
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8.1.1Registering for a User Account or Guest Account concludes a contract between the User and Sandbox Interactive.
8.1.2 Users need to register and set up a User Account. Users can open an Account by registering to our Services by filling out a registration form on our Website or in the Game (including an App). This is accomplished by filling out a form and providing the information requested therein. Alternatively, a User can set up a Guest Account by using the “Play as Guest” feature in the mobile versions of the game. In addition, Sandbox Interactive may require an additional procedure during which the email address of the User will be verified by visiting a confirmation link sent by Sandbox Interactive via email. There may be more than one Character connected to each User Account.
8.2 Premium Status
8.2.1 The Premium Status available against a fee provides a Character in the Game with particular advantages. The Premium Status may be acquired via the in-game virtual currency „Silver“, „Gold“ or real money via a Subscription. The ability to acquire Premium Status for Silver may be removed or restricted by us at any time.
8.2.2 The Premium Status is acquired on a per Character basis, for each Character separately. If the User deletes a Character with remaining Premium Time, that Premium Time lapses (without compensation to the User), and any Premium Time Subscriptions for that Character are cancelled.
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9.1 „Purchase“ Procedure
9.1.1 Via the Game Shop Users have, subject to a charge, access to Virtual Benefits available for purchase with real money. Users may access the Game Shop to choose, subject to a charge and depending on the respective offer, the type and number of Virtual Benefits they wish to purchase.
9.1.2 To continue Users have to confirm their selection, choose a payment method and finalize the purchase, by confirming the button labeled with “Buy now” plus, if applicable, the respective payment method (e.g. “Buy now with PayPal”). Until the purchase is finalized Users may at any time correct, change or void their choice.
9.1.3 The purchase procedure for various app stores which are operated by third parties are subject to the terms of the respective app store.
9.1.5 Sandbox Interactive has fulfilled its obligation once the Virtual Benefits have been credited to the User Account. Sandbox Interactive reserves the right to reject a User's purchase or use of Virtual Benefits, without specifying any reason for such rejection.
9.2 Acquisition and Use of Virtual Benefits, Premium Status
9.2.1 In the event that a User acquires Virtual Benefits via the Game Shop, depending on availability, according to the purchase procedure as set above, the Virtual Benefits will be credited to the User Account. Users are permitted (non-exclusively) to use the Virtual Benefits, while the Game is available and during the term of the Agreement, to modify the gaming experience according to the Game Rules. Virtual Benefits can only be used in the Game and only while the User Account is active.
9.2.2 As a rule, Users may only use Virtual Benefits after they have expressed their consent and have acknowledged that they lose their right of withdrawal or the right of withdrawal has expired otherwise (e.g. by time).
9.2.3 No additional Contract using Virtual Benefits
9.2.4 The use of Virtual Benefits is an act of playing the game and the Users exercise their right to specify characteristics of the Game and modify the gaming experience within the Game Rules and provided features. Transactions with Virtual Benefits or Virtual Currencies are no actual contracts but acts of playing the Game.
9.2.5 The right of use in the Virtual Benefits ends at the latest when the Agreement with Sandbox Interactive ends; if the Agreement is terminated it ends when the termination becomes effective. Any right in Virtual Benefits “purchased” and not used by the time the termination becomes effective will lapse without the entitlement for compensation and/or refund.
9.2.6 Virtual Benefits cannot be changed back into legal tender or into (virtual or real) goods. No return and/or refund is possible.
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Users may withdraw from this Agreement subject to the applicable laws. Detailed information regarding the Users’ rights of withdrawal may be found athttps://www.cosmicelk.com/en/consumer-information.
Note: The User’s right of withdrawal expires if Sandbox Interactive has begun with the performance of the Services or otherwise the contract after the User’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal. This applies in particular, but not limited to, the User’s purchase of Virtual Benefits from the Game Shop for real money, which the User may purchase and use in the Game, as a rule, only after the User has expressed his consent and has acknowledged, prior to the purchase, that he loses his right of withdrawal in this regard.
§ 11 User Account
11.1 Every User Account, except Guest Accounts, is linked to one specific email address.
11.2 Multiple registrations, as well as setting up and operating multiple User Accounts at our Services are allowed. However, if the User is playing the Game with multiple Characters at the same time, all of the following rules must be followed: i) the Characters may not interact or cooperate with each other if they are located outside of a city, hideout, personal island, or guild island, ii) the Characters may not engage in combat together, iii) the Characters may not act as scouts for each other,iv) the Characters must have active Premium status.
11.4 Sandbox Interactive reserves the right to delete User Accounts with incomplete or incorrect data entered into the mandatory fields, in particular if an inaccurate email address has been provided. In that event, such Users may create new User Accounts providing complete and correct data.
11.5 Sandbox Interactive does not assume liability for the identity of Users. Each User is advised to assess the identity of another User where necessary. Sandbox Interactive is entitled but not obliged to verify the accuracy of the User's information. This may be done by Sandbox Interactive requesting documents to prove the identity such as a personal ID card. Sandbox Interactive is entitled to make the creation of a User Account subject to such verification.
11.6 The Users are reminded to treat all access data and all data provided by us for the purpose of accessing the Game and Services (login, passwords which should be changed regularly etc.) in a strictly confidential manner and not to disclose them to any third party or allow any third party to use their User Account unless Sandbox Interactive has approved the transfer of the account in writing.
11.7 If a third party uses a User Account after gaining possession of the access data because the User did not sufficiently secure these from third party access, then the User is responsible for any damages or similar caused by the User’s failure.
11.8 The User will inform us via email without delay if he learns or suspects that an unauthorized third party has gained possession of said access data. In case of a justifiable suspicion that access data are known to unauthorized third parties and were used by third parties, then for security reasons Sandbox Interactive has the right but it is not obliged to change the access data at its own discretion and without prior notification. Alternatively, Sandbox Interactive has the right to block the User Account. In the above cases, Sandbox Interactive shall use reasonable efforts to inform the authorized User immediately and upon request about the suspected unauthorized access and it shall provide the new access data within a reasonable time. For security reasons, Sandbox Interactive may require proof of identity before doing so. However, in case the User's email account connected to the Services is compromised, Sandbox Interactive will usually have no means of contacting and communicating with the User. In such cases, the User has no claim for his original access data to be restored.
11.10 The User is not entitled to transfer or sell his User Account to a third party or let a third party use their User Account without the prior written consent of Sandbox Interactive. Any transfer consent of Sandbox Interactive does not entitle to transfer an account for a fee or other consideration, unless this has been expressly permitted in such consent. Users do neither have the right to transfer the User Account to another person nor let another person use their User Account without the prior consent of Sandbox Interactive.
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12.1 By submitting information or content (“Content”) via upload or otherwise, the User acknowledges and accepts that the submitted Content to the Game or our Community can be accessed globally through the internet.
12.2 The User maintains all rights to Content submitted by uploading or otherwise provided by the User. By submitting Content to the Game, our Community or Service(s), the User grants us a non-exclusive, revocable, license, free of charge, to use the content within the Website and the Game including the Apps and for their promotion including the right to use the content in all known types of exploitation. The granting of rights also covers all unknown types of exploitation. The aforementioned rights include without limitation the following rights:
12.2.1 The right to reproduce, distribute, translate, rent out, exhibit, perform, communicate and make available to the public (by wire or wireless means), broadcast and join content in connection with the Website and the Game in any type and form with other work or products (including advertising), adapt and use such joint and adapted work within the scope of rights set out in this Agreement.
12.2.2 The right to use content not only within the Website and Game itself including the Apps but also via other internet media and other internet based manner of exploitation, i.e. RSS-feeds, other internet platforms and communities as well as other devices (i.e. mobile phones, game consoles, computers including mobile devices like laptops, PDA, MDA etc.) within the scope of rights set out in this Agreement.
12.3 This provision is not applicable to private messages or private chat.
12.4 In the event the User’s name is correlated with the Content uploaded by Users the Users waive their right to be named as the originator of the content.
12.5 The granting of rights to Sandbox Interactive to use and publish the content within the Game or on the Website is free of charge. The above is notwithstanding Sections 32, 32a, 32c Copyright Act (Urheberrechtsgesetz).
12.6 Users may only upload Content they created and/or hold sufficient rights in (i.e. rights to use and exploit) allowing them the use in accordance with Section 12.2., in particular to communicate the Content and make it available to the public and to adapt and sublicense the content.
12.7 Users may only upload Content, in particular photos which show people other than themselves, with the consent of these third parties.
12.8 Sandbox Interactive does not assume liability for any Content, data or information provided by the Users of the Game including the Apps or the Website or for the content of external websites accessible by links. In particular Sandbox Interactive does not warrant that this Content, data or information is true, serves a particular purpose or is fit to serve such a purpose.
12.9 Sandbox Interactive merely provides the technical platform to publish the Content provided by Users. Sandbox Interactive does not have control over the submitted Content and does not evaluate the uploaded Content before it is made public. Sandbox Interactive only reviews Content if Sandbox Interactive has been notified that the Content may be illegal. If Sandbox Interactive becomes aware of illegal Content through a notification, then Sandbox Interactive will exercise its rights to delete and immediately remove them or it will block access to this Content and it will investigate and perhaps initiate further sanctions against the User. Sandbox Interactive encourages Users expressly to report any suspected illegal Content to customer Services firstname.lastname@example.org.
12.10 The aforementioned license does not generally end at that time when the contract with the User is terminated or ends otherwise. This license can be revoked by the User at any time. However, the User agrees that Content submitted by the User can in some instances not be removed in order to secure the integrity and well-functioning of the Website and the Game. In such cases, Sandbox Interactive is not required to remove the Content of the User. Sandbox Interactive will nevertheless do its best to minimize the consequences for the User in this regard and may remove the User’s name in connection with the Content.
12.11 Sandbox Interactive will only edit any Content provided by the User if the Content is in breach of these Terms or Game Rules, and the editing can remedy that breach, or for technical reasons to ensure the error-free functioning of the Services.
12.12 The User may remove his contents at any time, subject to the restrictions mentioned above. This license expires accordingly once the User deletes the contents from the Game. Sandbox Interactive is not obliged to provide any means for deletion.
12.13 In the event Users become aware of an illegal use of the Game including the Apps or the Website or of a use against the provisions of these Terms and Conditions the Users shall inform Sandbox Interactive.
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13.1 Users are obliged to…
- only make public such information or content within the Game, the Apps and the Website as is permitted to be made available to the public including via the internet that do not breach the rights of third parties,
- comply with applicable laws and all rights of third parties when using the Services.
13.2 Users are forbidden to…
- distribute content including but not limited to pictures, videos, links, names, words (including member names, character names, guild names, etc.) (i) which contain political, religious, insulting, offensive, violent, inciting or glorify violence or war, sexist, pornographic, obscene or other objectionable matters, especially including racist, right extremist or left extremist content, persons or depictions; (ii) which are suitable to cause serious moral harm to children and young people or which threaten their wellbeing; (iii) which can damage the reputation of Sandbox Interactive;
- make public such information or upload content, if applicable, that is racist, inhuman, offensive or immoral,
- upload, offer or distribute any pornographic content, or to advertise, offer or distribute pornographic products or products contrary to the protection of young persons or make public any such information,
- harass other Users unreasonably (particularly with spam) i.e. by sending email invitations to other players without their implicit consent,
- offend other Users or damage the reputation of a third party by making a false or unjust statement,
- upload content protected by law (e.g. copyright, trademark, patent, or utility model or design law) or to advertise, offer or distribute goods or services without being entitled to do so,
- advertise services or products provided by themselves or third parties, in particular so-called “gold sellers”,
- organize, run, promote or support gambling or games of chance within or related to the game,
- block, overwrite, modify or copy the Game including the Apps and/or the Website completely or in part to more than the extent necessary for the proper use of the Game and the Website,
- distribute and publish third–party user–generated content with regard to the Game including the Apps and the Website outside of the Game unless this is provided by the Game’ and Website’s features; own user–generated content may only be reproduced if it does not infringe upon the rights of third parties and does not include parts of the Game including the Apps and the Website,
- act by any means which affects the functionality of the infrastructure of the Game including the Apps and the Website, in particular to overstrain it.
13.3 No Manipulation
Users may only play the Game personally. They are not permitted to manipulate the Game or use technical tools that give Users an advantage over other players. In particular Users are forbidden to…
- modify the gaming experience by using software or mechanisms that may affect the function and the game play unless permitted by the Game Rules,
- use software playing in place of the player (such as scripts or bots),
- use measures that may cause an unreasonable or excessive load on technical capacities,
- use measures that block, override or modify content or otherwise interfere with the Website or the Game,
- create or use cheats, mods and/or hacks as well as any other third party software that modifies the gaming experience of the Game unless permitted by the rules of the Game,
- Exchange or trade Virtual Benefits for a real money, digital currency such as Bitcoin, third party digital goods or services, or any other real world assets,
- use software enabling “data mining” or which intercepts or captures data otherwise in connection with the Website and the Game.
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The Publisher uses the BattlEye Game Security service (“BattlEye”), which is operated by a third-party service provider offering services to the Publisher. BattlEye has a client software (“Client”) that is integrated into the Software Product. When you start a new Game session the Client will automatically load and install its latest version to the Unit. When you are using the Software Product on your Unit,BattlEye monitors the Unit, analyzing the Game binaries and scanning the memory of the Unit, as well as certain parts of the User's Operating System and RAM for the purpose of detecting and preventing cheating in the Game (“Purpose”). For this Purpose, BattlEye will store information regarding cheating methods used in the Game (“Data”). The Data will contain your personal data as described in the privacy statement of BattlEye. By installing, copying, or otherwise using this Software Product, you give your consent that BattlEye may gather, store, share and publish Data solely in regards to this Purpose. You also acknowledge and agree that the processing activities of BattlEye include automated decision-making which may have significant effects for you as you may be banned from the game if you have been found to be cheating in it. The Data will be used solely for the Purpose, including (but not limited to): identifying and banning player accounts which are used for cheating in computer games, analyzing cheating behavior and cheating codes
,and sharing data about cheats with affiliates of BattlEye. You are entitled to use the Game (i.e. Software Product) only in accordance with these terms and conditions and privacy statement of BattlEye.
You will find more information about the privacy practices of BattlEye on the company's own privacy statement, which you can find at. If you deny BattlEye the ability to process your personal data in accordance with the said privacy statement or request that BattlEye remove or delete your personal data, the Publisher, BattlEye, or a third party (appointed by the Publisher or BattlEye) has the right to block your access to the Game and prevent your use of the Game.
BATTLEYE END-USER LICENSE AGREEMENT
This License Agreement (“Agreement”) is made between you (the “Licensee”) and BattlEye Innovations e.K. (the “Licensor”). The terms of this Agreement apply to all current and future versions and updates of BattlEye anti-cheat software (“BattlEye”).
By installing, enabling or using BattlEye, Licensee agrees with all the terms of this Agreement. Licensor reserves all rights not specifically granted and transferred to Licensee.
Licensee understands, acknowledges and agrees with the following:
- Licensor grants Licensee a non-exclusive and non-transferable license to use BattlEye for non-commercial purposes only. Licensee therefore does not own BattlEye, Licensor remains the owner of BattlEye.
- Licensor provides BattlEye on an “as is” basis without warranty of any kind. Licensor neither guarantees the correct, error-free functioning of BattlEye nor is Licensor responsible for any damage caused by the use of BattlEye.
- Licensee may not decompile, disassemble, reverse-engineer, modify or redistribute BattlEye in any way.
- BattlEye will automatically, without notice to Licensee, download and install updates from time to time.
- BattlEye may scan Licensee’s entire random access memory (RAM), and any game-related and system-related files and folders on Licensee’s system using cheat-program-identifying algorithms, report results of such algorithms to other connected computers and/or to Licensor and store such information for the sole purpose of preventing and detecting the use of cheat programs. BattlEye only scans and/or reports data which absolutely needs to be scanned and/or reported to meet this purpose.
- Licensor values Licensee’s privacy and does its utmost to protect it at all times. BattlEye does not report any personally identifiable information or personal data except for any information/data specifically mentioned herein.
- Licensor stores all information collected by BattlEye on servers located in Europe and/or the US. Licensor may share the information with its partners and/or affiliates.
- Licensee acknowledges that the invasive nature of BattlEye is necessary to meet its purpose and goal of preventing and detecting cheat programs.
- Licensor is allowed to terminate the license at any time for any reason and without notice to Licensee.
This License Agreement constitutes the entire agreement between Licensor and Licensee and supersedes any prior statements.
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15.1 Term: This agreement is concluded for an indefinite period of time and ends with its termination. Termination notices must be given in text form (email will suffice).
15.2 Termination by Users. Users may terminate this agreement at any time by sending a termination notice email@example.com.
15.3 Subscriptions for Virtual Benefits, such as Premium Time, are terminated subject to their respective provisions, and their termination does not automatically terminate this agreement. However, if the User terminates this agreement, this is treated as a notice for cancellation for all Subscriptions subject to their respective provisions.
15.4 Termination by Sandbox Interactive.
15.4.1 Subject to the special stipulations for Subscription, Sandbox Interactive may terminate this Agreement at any time without cause, giving fourteen (14) days’ notice in text form.
15.4.2 The statutory right to terminate this Agreement for a compelling reason with a shorter notice or even without notice shall remain unaffected.
15.4.3 A compelling reason is given if one party, taking into account all the circumstances of the specific case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship for the agreed term or until the expiry of a notice period.
15.4.4 Compelling reasons include for example (without limitation):
If the User is engaged in cheating, use of bots, financial fraud or severe abuse of bugs. The User is hereby advised that Sandbox Interactive will, without prior warning, immediately suspend all access of the User to the Game in these circumstances to protect the integrity and reputation of the Game.
If the User is culpably in violation of applicable law or of these Terms and Conditions, the Game Rules and/or use rules for Virtual Benefits;
If the User is in arrears with the payment of fees due;
If the User issues a payment dispute or charge-back;
If third parties (e.g. social network operators), through whose registration function the User gains access to his Account at Sandbox Interactive, requests Sandbox Interactive to delete the user data and/or to undertake any comparable actions or limits Sandbox Interactive' access to data.
15.4.5 Sandbox Interactive reserves the right to terminate the operation of the Game in the future. In such an event, Sandbox Interactive will announce the cessation of the game three months in advance and any transition services it may offer in the future for such case.
15.5 Effects of termination.
15.5.1 Once the termination becomes effective, the Users’ Accounts will be deleted, including any Virtual Benefits still present on these User Accounts and associated Characters. Content posted by the User on the Website will either be removed, or the User’s name associated with the Content will be removed instead. Users may insist on the removal – wholly or in part – of Content provided by them in the event that the Content constitutes either a breach of the Users’ obligations, in particular with regard to their conduct, or if there is a legal obligation to delete, or the Content affects general rights of personality (Persönlichkeitsrechte).
15.5.2 In case of extraordinary termination by Sandbox Interactive, we reserve the right to terminate any other accounts you may have created or will create in the future. To enforce this provision, in particular if the User was involved in botting, cheating, advertising for his own or third party services or financial fraud, Sandbox Interactive may retain data necessary to prevent that User from creating additional Accounts to carry out similar violations. Sandbox Interactive may prevent the User from creating additional User Accounts and immediately suspend additional User Accounts created by such User without prior warning.
15.5.3 If Sandbox Interactive is responsible for the extraordinary termination by the User, then it will only provide compensation for the portions unused Premium Currency and the portions unused Premium Time that count as “bought by the User’s Accounts for real money” as specified in 4.5.3. In this case, Sandbox Interactive will reimburse the User the pro-rated value of Premium Currency and Premium Time still credited to his Accounts and associated Characters. Further claims of the User are excluded unless otherwise specified in these Terms and Conditions.
Notwithstanding any statutory or other contractual rights Sandbox Interactive can temporarily or permanently restrict or disable access to the Game or the Services for any Users who are at fault for being in continued, repeated or severe breach of statutes, third party rights, Game Rules or these Terms and Conditions. Sandbox Interactive may temporarily or permanently bar Users according to legal regulations. For example, Sandbox Interactive may restrict the chat functionality or suspend a User from the forum if this User offends other Users in the forum or chat. As another example Users may be banned permanently if they use cheats or bots. The sanctions for the misconduct cited are only examples. Sanctions can vary based on the infraction in question.
§ 16 Liability
16.1 Sandbox Interactive is liable according to the statutory provisions under the applicable law for damages of Users caused by intentional or grossly negligent conduct by Sandbox Interactive or its vicarious agents (Erfüllungsgehilfen) and for personal injury and damages according to the German Product Liability Act (Produkthaftungsgesetz).
16.2 In all other cases, Sandbox Interactive‘s liability for damages – irrespective of the legal grounds – shall be limited as stipulated in the provisions below unless a guarantee accepted by Sandbox Interactive says otherwise:
16.2.1 Sandbox Interactive shall only be liable for damages caused by slight negligence to the extent that such damages result from violating essential contractual obligations (cardinal duties, Kardinalpflichten), i.e. such obligations whose fulfillment is a prerequisite for properly fulfilling the Agreement and which Users may normally expect. Accordingly, insofar as Sandbox Interactive is liable for slight negligence, Sandbox Interactive liability shall be limited to the typically foreseeable damage.
16.2.2 Sandbox Interactive’s liability for damages caused by loss of data and/or programs due to slight negligence is limited to the typical cost of restoration, which would have been incurred in case of regular and appropriate data backup by the Users.
16.3 The provisions of the above paragraph 16.2 apply accordingly to a limitation of the obligation to indemnify for futile expenses (section 284 German Civil Code).
16.4 The above limitations of liability apply in favor of Sandbox Interactive’s vicarious agents (Erfüllungsgehilfen) as well.
16.5 Sandbox Interactive is not liable for costs incurred by the Users for services which are expressly not offered by Sandbox Interactive, in particular costs for data transfer to or from the Users’ mobile devices.
16.6 The parties agree that insofar as the providing of the Services can be considered a lease contract under German civil law, Sandbox Interactive shall not be liable according to section 536a subsection 1 of the German Civil Code, and this statutory provision shall not be applicable (meaning: no warranty without culpability for defects present from the outset).
B. IF YOU ACCESS THE GAME OUTSIDE OF EUROPE
NB.: THIS CLAUSE DOES NOT APPLY IF YOU ACCESS THE GAME IN EUROPE
I. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SANDBOX INTERACTIVE OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAME OR DEFECT IN OR CAUSED BY THE GAME, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SANDBOX INTERACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SANDBOX INTERACTIVE’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME OR REPLACEMENT OF THE GAME WITH PRODUCT OF COMPARABLE RETAIL VALUE, AS SANDBOX INTERACTIVE MAY ELECT IN ITS SOLE DISCRETION. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.
II. Users agree to indemnify, defend and hold harmless Sandbox Interactive and its affiliates and their respective officers, employees, directors, agents, Users (excluding you), sub-Users (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) User’s breach of any term of this Agreement; (b) User’s violation of any rights of any third party; or (c) User’s use or misuse of the Website or the Game including the Apps. User’s indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this Agreement.
§ 17 Availability
17.1 Unless otherwise agreed, no specific availability of the Services, the Game and the Website is agreed. Sandbox Interactive nevertheless strives to provide access to the Services, the Game and the Website for all Users 24 hours a day, 7 days a week. Temporary operational interruptions due to standard maintenance and inherent disruptions of the internet due to third party providers or third party network operators as well as instances of force majeure are possible. Accordingly, no continuous access to the Service is warranted to the User.
17.2 On a monthly average, Sandbox Interactive will provide an availability of 90% for the Game, beginning with the official release of the Game, and specifically excluding any tests or test servers. Exempt from this are periods during which the Game cannot be reached due to problems beyond the influence of Sandbox Interactive (e.g. force majeure, culpability of third parties, etc.). The periods during which regular maintenance takes place (usually 1 hour per day) are also exempt therefrom. Also exempt are queue times that might occur if the Game’s traffic is higher than expected, in particular after game update releases. Sandbox Interactive shall not be liable for the unavailability if it is within the above parameters. Sandbox Interactive' liability for non-availability of the server shall remain unaffected in the case of intent and gross negligence.
17.3 With regard to mobile devices and the internet error free performance is not warranted. In particular, Sandbox Interactive is not liable for the continuous availability of its technical system, nor for the completeness, accuracy or up to date nature of the information made available to the User by himself or other Users or third parties for errors in the transmission of data.
17.4 The Game and Website may not be accessible worldwide. Whether the Game and Website can be accessed fully or in a limited manner may depend on legal regulations and licensing requirements in particular countries. The description of the Game may include more details about this situation.
Mandatory Consumer information regarding the Game may be found here:https://www.cosmicelk.com/consumer-information.
This Agreement and all disputes arising from it shall be governed by and construed in accordance with German law with the exception of the CISG, even if the User has his domicile abroad. In relation to Users who are consumers, this choice of law shall only apply insofar as the User is not deprived of such protection which is provided by mandatory statutory provisions, i.e. which cannot be waived by private agreement, of the country in which the User has his habitual residence.
§ 21 Game Rules
Additional Game Rules can be viewed athttps://www.cosmicelk.com/game-rules.
Effective July 19, 2023