Term of Service of gameXcite GmbH


1. gameXcite GmbH

1.1. gameXcite GmbH is a company registered under the register number HRB 130171 at the court of Hamburg (“gameXcite GmbH”) and is located in Oeverseestraße 10-12, 22769 Hamburg, Germany. gameXcite GmbH can be contacted via email at info@gamexcite.de. gameXcite GmbH is the sole owner of and is operating “Asterix & Friends” (the “game” or “games”) on the website https://www.asterix-friends.com/ as well as via other channels and platforms (e.g. Steam, Facebook, Google Play or Apple AppStore).
1.2. The use of the Games on any platform or channel is exclusively subject to the following general terms and conditions unless the terms and conditions of the respective platform or channel contain deviating regulations. The user’s general terms and conditions will not form part of this contract.
1.3. These general terms and conditions may be accessed, downloaded, stored and printed at any time by visiting the official website under https://www.asterix-friends.com/en/terms-and-conditions.
1.4. All copyrights, rights of use and other intellectual property rights relating to https://www.asterix-friends.com/, the applications and the service offers rest with gameXcite GmbH or are protected in favor of third parties.

2. Game Service

2.1. gameXcite GmbH offers to consumers who accept these general terms and conditions the opportunity to access and play the Game in the web browser or by using the official client software or Mobile App which is offered for free download.
2.2. To play the game via other channels or platforms (e.g. Steam, Apple AppStore, Google Play, Facebook or Amazon App-Shop) the user may be required to create an account with the respective platform and accept the terms and conditions of the platform in addition to the terms of service of gameXcite GmbH.
2.3. The Game is “free to play” and the user may play the game without charges, with the exception of Premium Features and Services as detailed below, which may only be available for a fee. The Game can only be played online via the internet, which may cause additional costs for the data transfer.
2.4. gameXcite GmbH’s services are only available to individual consumers who are 18 years old or older. Companies, legal entities or other non-individuals are excluded from the Game and all other services provided by gameXcite GmbH. Using the Game for commercial purposes is prohibited with the exception of journalistic reviews, let’s play’s or unless otherwise agreed in writing between the parties.
2.5. When registering for the Website or Game in the Web Browser the user establishes an “Account” with gameXcite GmbH. During the registration certain personal information including the e-mail address and password will be requested. The user confirms that the e-mail address belongs to him and that he is reachable via this address (the use of one-way addresses or trash mails is prohibited and may lead to the deletion of the account). Additional information, e.g. to increase the security of the Account may be requested in gameXcite GmbH’s reasonable discretion. These terms are accepted and the contract is concluded when finishing the registration for the Game by clicking the button labeled “Play for free now!” or “Play now for free!”.
2.6. When using a version of the game as an App for Facebook, google Play, Apple AppStore, Amazon App-Shop or other mobile devices, gameXcite does not request the user to enter his E-Mail Address but instead assigns him a fixed, numeric ID. These terms are accepted and the contract is concluded by clicking the button labeled “Play!” inside the game.
2.7. The user will be granted the choice of a display name which will be visible for all other users when playing the game or using the website. Such name may not be identical or similar to any living or dead person and may not be sexual, sexist, xenophobic, hateful or in gameXcite GmbH’s reasonable discretion inappropriate. gameXcite GmbH may change any inappropriate name in is own discretion.
2.8. All users are solely responsible to acquire, install and operate any software required for using the Game aside from the Game’s client software (e.g. Microsoft DirectX). gameXcite GmbH does not provide technical support for any such installations.
2.9. The user is entitled to terminate his/her account for the Game at any time in his/her sole discretion if playing the web based version distributed by gameXcite GmbH. In case of the Mobile Apps or versions distributed by third parties the respective terms of the third party apply and users have to declare any termination to the third party distributor. In case of termination the user will not receive any refund for unused virtual currency, Premium Features or services with a remaining term. Termination of the contract is governed by section 9. Provided that the storage of data is not required by law, any data stored about the user is deleted within 30 days after termination and cannot be restored. If the storage of data is required by law, the data will be blocked and deleted upon end of the legal storage period.
2.10. gameXcite GmbH endeavours to keep the Game as constantly available as possible, however gameXcite GmbH does not warrant any specific availability for the Game as availability is subject to many factors outside of gameXcite GmbH control. Unannounced maintenance may be necessary, e.g. due to hacking attempts, viruses, critical errors in the software etc, so that gameXcite GmbH can not warrant availability at certain times.

3. Premium features and services

3.1. Using the Game is free-of-charge for registered users; however certain virtual items, features, services and functions may be subject to payments (“Premium Features”). gameXcite GmbH may make Premium Features only available for a certain limited period of time. The necessary details on the respective Premium Features, the pricing, functions and possible additional requirements are available on the ingame shop of the Game. The in-game shop is not operated by gameXcite GmbH but partners of gameXcite GmbH whose Terms and Conditions apply.
3.2. The user may purchase Premium Features by using the virtual currency of the Game. Such virtual currency can be purchased via the online shops of gameXcite GmbH’s partners who decide on the available quantity and pricing. Virtual currency can only be used exclusively for payment for Premium Features as a part of the Game and gameXcite GmbH will not pay out any balance to any user.
3.3. gameXcite GmbH may from time to time and in its sole discretion provide users with free virtual currency or free Premium Features, for example as a reward for achieving certain goals as part of the Game or for promotion. Such free virtual currency will take priority over purchased in-game currency when buying premium features. Purchased in-game currency will only be used once all free virtual currency has been used.
3.4. Whenever gameXcite GmbH provides Premium Features or any other features free of charge, gameXcite GmbH shall have no legal obligation to continuously provide such Premium Features or other features and may remove those at any time in its sole discretion.
3.5. The user is not permitted to sell, rent, assign or transfer his/her Account, virtual currency or Premium Features as well as any virtual items (non-premium) available in the game to any third Party. This shall not limit any trading options that are available in the game which do not include any real currency transaction. As a result, the parties agree that no rights and claims resulting from this agreement may be assigned to any third party. This shall also include any service offered to users to acquire certain achievements, virtual items or other advantages in the Game for a real currency payment.
3.6. Certain features of the Rewards Program on https://www.asterix-friends.com/ are provided by third party companies and the user may be be offered certain optional services by these companies in which case he might have to agree to the terms and conditions of the third party.

4. Duties and obligations of the user

gameXcite GmbH may publish rules of conduct from time to time which reflect the standards of behaviour for users playing the Game. The rules of play/conduct are updated periodically and the user will be notified of changes by email with reasonable advance notice, unless the provisions concerning changes to the Terms of Service specified below apply.
The user will keep all access information for the Game strictly confidential and is not allowed to grant any other person, not living in the same household, access to his Account. Similarly the user is not permitted to use the account of another user. If a user suspects or learns that a third party is in possession of access data, he/she must notify gameXcite GmbH immediately. gameXcite GmbH is entitled but not obliged to disable the user’s account and/or change the access data, if it learns or suspects access by any third party. An account may be disabled for as long as is necessary to protect the user from unauthorised access, to determine its source and provide for the security of gameXcite GmbH technology and websites. gameXcite GmbH will notify the user of any disabled account. If the user enables any third party to access the Game or other services of gameXcite GmbH as a result of intent or negligence on the part of the user, the user shall be fully liable towards gameXcite GmbH for any damages or purchases caused by such third party.
The user is not permitted use any software directly or indirectly affecting the Game, its operation (e.g. so called “Bots”) or the data transfer between the user or gameXcite GmbH or to use mechanisms, software, scripts or other similar means which will gain advantage over other users not using such additional mechanisms, software, scripts or other means. The use of equipment, software, scripts and any other mechanisms which allow automated game play and/or game control, database queries or any other manipulation of its game servers and databases is strictly prohibited. The user also agrees not to exploit programming errors for personal gain where identifiable as such.

5. User generated or uploaded content

5.1. gameXcite GmbH may, at its sole discretion, provide users with a functionality to upload and making available to the public their own content, data or information (hereinafter collectively “User Content”) dedicated to be used by the uploading user itself and/or any other user of the Game, however, limited to the use within the Game, the Website or the Community Forums. gameXcite GmbH reserves the right to limit the storage capacity of User Content that is uploaded by users.
5.2. gameXcite GmbH does not claim any ownership rights in the User Content. Users continue to retain any such rights that they may have in the User Content, subject to the limited license granted to gameXcite GmbH as described hereinafter. By uploading User Content on, through or in connection with the Game and/or the Community Forums, users hereby grant to gameXcite GmbH a limited non-exclusive license to use, modify, delete from, add to, publicly perform, publicly display, making available to the public, reproduce, and distribute such User Content (including, but not limited to underlying musical works) solely on, through or in connection with the Game and/or the Community Forums and via other channels operated by gameXcite GmbH or by third parties on behalf of gameXcite GmbH. This entitles gameXcite GmbH to use User Content only in connection with the Game and its mechanics and the Community Forums. By this limited license user does not grant gameXcite GmbH the right to sell the User Content. After a user has removed User Content from the Game, gameXcite GmbH will cease distribution as soon as technically possible, and at such time when distribution ceases, the license will terminate automatically. Notwithstanding the foregoing, users that upload or publish User Content understand and agree that once its uploaded or published User Content is used by another user in the Game or on social networks, gameXcite GmbH shall be under no obligation to delete or request users to delete that User Content, and therefore this User Content may continue to appear and be used indefinitely.
5.3. The license you grant to gameXcite GmbH, as described above, is non-exclusive, royalty-free, sub-licensable to the extent described above, and worldwide.
5.4. With respect to the User Content the publishing user represents and warrants that: (i) he owns the User Content or otherwise has the right to grant the license set forth above, and (ii) the posting of the User Content on, through or in connection with the Game does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any third person or entity. The uploading user agrees to pay for all royalties, fees, penalties and any other monies owing any third person or entity by reason of the use of User Content published on or through the Game and/or the Community Forums.
5.5. The user will indemnify gameXcite GmbH against all costs (including reasonable legal fees) and claims (including claims for damages) made against gameXcite GmbH by third parties due to the violation of their rights by gameXcite GmbH’s contractual user of User Content. Such indemnification shall not be applicable if the user did not cause the infringement of third party rights at least by negligence.
5.6. The user shall be fully responsible for User Content published on or exchanged via the Game or any other gameXcite GmbH services, e.g. Community Forums. gameXcite GmbH will not preapprove User Content. However, gameXcite GmbH may refuse to post any User Content for any or no reason. Should gameXcite GmbH becomes aware of any content that is in violation of any laws or infringing any third party’s rights, gameXcite GmbH is entitled to disable or delete any such User Content at its own discretion. gameXcite GmbH may at any time remove the option to publish, store or otherwise use User Content.
5.7. The user may not publish, store or transmit any User Content that is in violation of any law or agreement. This includes in particular abusive, sexist, pornographic or racist content or any other content that gameXcite GmbH may reasonably consider immoral or inappropriate. The user may not (a) disturb other users, for example with spam messages, chain mails or unsolicited advertising, (b) infringe any third party’s (intellectual) property rights, (c) engaging in or promoting unfair competitive practices, and (d) use the Game or the Community Forums for commercial communication or advertising. Except as provided within this Agreement or by express permission of gameXcite GmbH, users may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any third-party User Content.

6. Liability

6.1. gameXcite GmbH shall only be fully liable for damages resulting from injury to life, limb or health or for intentional or grossly negligent conduct and fraud.
6.2. In cases of slight negligence, gameXcite GmbH will only be liable if an obligation has been breached, the fulfilment of which facilitates the proper performance of the contract in the first place, the violation of which compromises the achievement of the contract’s purpose, and the compliance with which the customer frequently relies on. In this instance, claims for compensation will be limited to the usual, foreseeable damages.
6.3. This limitation of liability shall also apply for gameXcite GmbH’s directors, officers and employees weather directly employed or as contractors.
6.4. Any warranty liability is expressively excluded.

7. Term and Termination

7.1. Contracts between gameXcite GmbH and the user are entered into for an indefinite period of time unless otherwise expressly stipulated at the time of conclusion.
7.2. gameXcite GmbH may terminate the contract and/or discontinues access to existing games at any time with a four-week notice period.
7.3. The user may terminate the contract at any time without any notice period by sending an e-mail to support@asterix-friends.com including details of his/her user name and e-mail address registered with gameXcite GmbH or the User ID of the Mobile App.
7.4. The right of both parties to terminate without notice period for cause remains unaffected.
7.5. In the event of termination by the user without cause or termination for cause by gameXcite GmbH for which the user is at fault, gameXcite GmbH will not be required to refund Premium Features, virtual currency or other services paid for in advance.
7.6. In particular, gameXcite GmbH has the right to terminate for cause in the following cases:
7.6.1. If the user is late in paying a sum of at least € 5.00 by more than 30 days or is late in paying an equivalent amount on more than one occasion over a period of six months;
7.6.2. If, despite having received prior warning, the user knowingly violates any rules of conduct within these Terms of Service or the rules of play (e.g. such as laid out in 4.1);
7.6.3. If, without any warning in a case that is so severe, that it would be unreasonable for gameXcite GmbH to remain bound to this Agreement. This shall always be the case for violations of the provisions in section 4, the commercial use of the game or for violations of criminal law.
7.7 Instead of a termination, gameXcite GmbH reserves the right to temporarily disable a user’s account and access to the Game up to one month, with no payment obligations for the user while his/her account is disabled.
7.8. In the event of termination, gameXcite GmbH will delete the user’s data which is relevant to the European Data Protection legislation.
7.9. In case that the contract was mae between the user and a platform operated by a third party (e.g. Steam, Facebook, Google Play, Apple AppStore, Amazon App-Shop), the termination needs to be directed to the Third Party for technical and legal reasons based on the provisions in the respective terms of service of the Third Party who is serving as a reseller of gameXcite’s services. Terminating the contract with gameXcite GmbH will not release the user from any responsibilities (such as outstanding payments) with the Third Party or automatically cause the Third Party to delete any accounts.

8. Data protection

8.1. To provide users with the full functionality of the Games and Websites, gameXcite GmbH collects, processes, and stores information about its users and other visitors of the Games or any Official Website on servers located in the European Union in accordance with this data protection provisions and applicable European law (GDPR).
8.2. gameXcite GmbH describes in more detail what personal information gameXcite GmbH may collect from its users and what gameXcite GmbH will do with that information as well as informs users on their rights with respect to their personal data in the Privacy Policy available at https://www.asterix-friends.com/en/data-privacy/.

9. Miscellaneous

9.1. gameXcite GmbH reserves the right to change these general terms and conditions without justification, provided doing so such changes is required for legal reasons, a changed scope of the provided services, new requirements e.g. by Apple or google or technical reasons such as a changed game engine or operating system. Changes will be published on gameXcite’s website and will be sent to users via e-mail or in-game message. If the user does not object to such changes within two weeks following their publication and receipt and continues to use the Game after this period, the new general terms and conditions will be deemed accepted.
9.2. These terms of use are exclusively subject to German law, CISG shall be excluded as well as EU ODR.
9.3. If a provision contained in these general terms and conditions is or becomes ineffective, this will not affect the validity of the remaining provisions.
9.4. The EU Commission offers an online platform for online dispute resolution. The platform acts as a central information portal in regards to dispute resolution outside of formal court procedures for contractual matters resulting from online sale- or server agreements. The platform is available under http://ec.europa.eu/consumers/odr/. We will not take part in such dispute resolution between us and our clients neither under European nor German law and we are not obligated to do so.