1. Definition and Range of Application

(I) Tothware (hereinafter referred to as 'operator') is an operator for browser based online games (hereinafter referred to as 'application' resp. 'applications'). These general standard terms and conditions (hereinafter referred to as 'GST') come into effect as soon as a user views one of the pages of one of these applications, registers or logs in using a username and password. With that a contract for the transfer of use and enjoyment between the operator and the user is formed, for which these GST are valid.

(II) Registration for a game or site operated by Tothware constitutes acceptance of the GST.

2. Membership

(I) Membership begins when the user registers a user account within an application of the operator.

(II) The operator has the right to delete or exclude user accounts at any time, especially in the case that user contravene these GST or the game and forum rules. No user shall have a claim on participation in the game. The operator decides at his own estimation on the permanent or temporary exclusion of a user. If such a user is member of a team of more users, the whole team may be excluded, if this is appropriate. Such an exclusion may affect one or all applications of the operator.

(III) All user accounts, including the corresponding resources, are only virtual objects within the application. The user does not acquire any property or any other right with regard to their user account or parts of it. All rights remain at the operator. A transfer of any rights of exploitation or any other rights to the user does not take place.

3. Terms of Use

(I) Account sharing, meaning the use of a user account by many users is not permitted. Every user agrees to use only one user account per game world, multiple accounts (Multies) are not permitted..

(II) Users do not have the right to undertake any measures or apply any mechanisms or software in connection with the applications of the operator which could disturb the functioning or the performance of the game. Users must not undertake any measures which could lead to an overload of technical capacities. User must not block any content or overwrite, modify, or disrupt the applications in any disturbing way. Users do not have the right to undertake any measures or apply any mechanisms or software in connection with the applications of the operator which could disturb the functioning or the performance of the game.

4. User Accounts and Fees

(I) After the user registers, the operator shall put a part of the functionality of the game at the disposal of the user, free of charge In this way, users have the opportunity to use a limited number of features and options of the particular application, free of charge. At any time, the operator has the right to subject the use of the whole application or the use of any part of it to a charge payable by the user. The services owed by the operator for the user fee shall be defined in the explanations on the Internet pages of the particular application.

(II) The operator has the right to ask advance payment of user fees. The operator may offer different models for the calculation of the user fee. User fees may be charged for a defined period of use in the form of a 'premium ticket' for a specified duration, or periodically in the form of a 'premium subscription'.

(III) Payments for premium subscriptions are due on a monthly basis. If a user of a premium subscription does not pay on time, the payment shall automatically be considered as default without a prior notification being necessary. In the case of defaulted payment, the operator may charge an interest on defaulted payment in a sum of 5% over the current base interest rate published by the 'Deutsche Bundesbank'. Furthermore, the operator shall have the right to stop delivery of services and to block the particular user account. Users remain obliged to fulfill payments during the period of time when the account is blocked.

(IV) In case that payment of user fees is offered through bank transfer, user shall pay, in addition to the user fee, all of the operator's costs that arise from direct debiting services caused by the user's negligence or by the user's insufficient funds. Additional surcharges may be assessed.

(V) Should there be a remaining time of use (in the case of the deletion of an account), the user fees already paid may be proportionally refunded. For every refund, a handling fee of $20.00 shall be charged (plus possible bank fees for transfer to foreign countries), which will be offset against the sum to be refunded.

(VI) All payable Premium-Tickets remain the sole property of the operator until full payment is received. All payable Premium-Tickets must be exclusively and directly purchased and paid for in full from the operator in the respective pages of the application. Tickets purchased in any other way, e.g. through a third party, are invalid. Violation by a user of this contractual clause during purchase or payment will result in the loss of all claims on all payable services of the operator and the user will retroactively lose all advantages within the applications in connection with the use of the payable services. Additionally, the operator has the right to penalize the account for use of invalid tickets.

5. Communication/Announcements

The user may receive messages from the operator at irregular intervals. These may be sent through the communications platform of an application or by email. These messages may contain news, recent developments, technical hints, bills, tips and tricks for the games, and also information on new products and services offered by the operator. The operator has the right to include advertisements for products and services offered by third parties in such messages. The user gives consent to this form of communication and to the advertisements included therein.

6. Liability

(I) The user has no claim on the availability of the service. The operator does not accept any liability for server failure, programming errors or similar complications. If the user suffers disadvantages in the game through possible server failure, errors in the programming or similar, the user has no claim to reestablish the status existing before any such event occurred.

(II) The operator does not assume liability for damages caused by the use of its applications, except for damages caused through willful intent and gross negligence.

(III) The operator provides a communication platform to its users, through which the users can communicate with each other. The users are solely responsible for the content of their communications on this platform. The operator does not assume any liabilty for such content.

7. Amendment Clause

(I) The operator has the right to change or extend these general standard terms at any time. Generally, the new GST will be published on the Internet pages of the operator under the corresponding menu item. The user will be notified about every change or extension of the GST through a message. However, the operator reserves the right to decide in each case how to notify the user of the new GST.

8. Data Privacy Protection

(I)The operator has the right to store user data that serves the observation of the rules, the GST and the law. The operator stores the IP-address, email address used for registration, and other information in the user's profile.

(II) The operator reserves the right to provide third parties with user data, if it serves to avoid damages from the operator or if it is required by state authorities in the fulfillment of their legal duties. Any other transferance of user data to third parties shall not take place.

(III) Sites or applications by the operator may integrate with third parties. Third parties will operatate under their own privacy protection rules.

9. Applicable Law

For all legal matters with respect to the contractual relationship between the operator and the user, North Carolina (U.S.A.) law exclusively applies. The sole place of jurisdiction for any and all disputes for both parties is the company seat of the operator.