Terms and conditions

  1. Insel Games
    1. Insel Games Ltd. is a company registered under Malta law with the local court of San Gwann under Trade register number (C72587) (“Insel Games”) and is based in No. 9, Triq il-Lumija, San Gwann, SGN 2621, Malta. Insel Games can be contacted via e-mail at info@inselgames.com. Insel Games is the sole owner of and is operating the massive multiplayer online game “Guardians of Ember” (“the Game”) which is distributed without a charge as a download via the www.guardiansofember.com and in Insel Games’s discretion via other channels.
    2. The use of the Game is exclusively subject to the following general terms and conditions. The user’s general terms and conditions will not form part of this contract unless expressly agreed in writing by Insel Games and are hereby expressly excluded.
    3. These general terms and conditions may be accessed, downloaded, stored and printed at any time by clicking on link “Terms & Conditions” on the button any of the Game’s websites
  2. Game Service
    1. Insel Games offers to consumers who register on the official website www.guardiansofember.com (“Official Website”) and who accept these general terms and conditions the opportunity to access and play the Game using the official client software which can be bought via Steam.
    2. Insel Games’s services are only available to individual consumers, as defined in the Malta law, 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 Insel Games. Using the Game for commercial purposes is prohibited with the exception of journalistic reviews.
    3. When registering for the Game the user establishes an “Account” for the Game. During the registration certain personal information such as (i) date of birth (ii) and country of residence; (iii) full name; (iv) e-mail address; (v) password will be requested. Additional information, e.g. to increase the security of the Account may be requested in Insel Games’s reasonable discretion. The user will be granted the choice of a display name which will be visable for all other users when playing the game. Such name may not be identical or similar to any living or dead person, with the exception of the user’s own name, and may not be sexual, sexist, xenophobic, hateful or in Insel Games’s reasonable discretion inappropriate. Insel Games may change any inappropriate name in is own discretion.
    4. These terms are accepted and the contract is concluded when finishing the registration for the Game.
    5. Insel Games may provide in its own discretion a web-based forum (“Community Forums”) that allows registered users to communicate about the Game and to publish content. Insel Games may extend or limit or totally discontinue access to the forums at any time and Insel Games is not obliged to provide such forums.
    6. All users are solely responsible to acquire, install and operate any software required for using the Game aside from the Game’s client software. Insel Games does not provide technical support for any such installations.
    7. The user is entitled to terminate his/her account for the Game at any time in his/her sole discretion but 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 10. Provided that the storage of data is not required by law, any data stored about the user is deleted upon 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.
    8. Insel Games endeavours to keep the Game as constantly available as possible, however Insel Games does not warrant any specific availability for the Game. Availability is subject to many factors outside of Insel Games control but Insel Games will try to perform maintenance work outside of the statistical peek times. Unannounced maintenance may be necessary, e.g. due to hacking attempts, viruses, critical errors in the software etc, so that Insel Games can not warrant availability at certain times.
  3. Premium features and services
    1. Once bought the Game is free-of-charge for registered users; however certain virtual items, features, services and functions may be subject to payments (“Premium Features”). Insel Games 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 shopping website or the ingame shop of the Game.
    2. The user may purchase Premium Features by using the virtual currency of the Game. Such virtual currency can by either acquired by playing the Game, receiving a free gift from Insel Games or Insel Games’s partners or by purchasing such virtual currency directly in return for payment and Insel Games is entitled to change such payment options in its sole discretion as long as the user remains entitled to use any prepurchased unused virtual currency. Virtual currency is available for purchase on the shopping website of the Game in Insel Games sole discretion. Virtual currency can only be used exclusively for payment for Premium Features as a part of the Game and Insel Games will not pay out any balance to any user unless stated otherwise herein.
    3. Purchasing virtual currency is concluded by pressing the button labled “Buy” in the ingame cash shop menu.
    4. Insel Games 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.
    5. Whenever Insel Games provides Premium Features or any other features free of charge, Insel Games 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.
    6. 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.
  4. Information on the right of withdrawal
    1. The right of withdrawal detailed below applies to this contract as well as to any purchase of virtual currency. The user will be informed on his rights with every individual transaction.
    2. Right of withdrawal
      1. You have the right to withdraw from this contract within 14 days without giving any reason.
      2. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
      3. To exercise the right of withdrawal, you must inform us:
        Insel Games Ltd.
        No. 9, Triq il-Lumija
        San Gwann, SGN 2621, Malta
        Phone: +49 40 / 28 47 29 03
        E-Mail: info@inselgames.com
        Managing director: Patrick Streppel
        of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form (https://docs.google.com/document/d/1Uuw8VDQEIa1JtqTlVpYn2rLgFJz7M1lJ5ARVp3qSRiE/edit)
      4. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
    3. Effects of withdrawal
      If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
    4. Loss of the withdrawal right
      In case of the supply of digital content which is not supplied on a tangible medium you will lose your withdrawal right if the performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.
  5. Duties and obligations of the user
    1. Insel Games 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 e-mail with reasonable advance notice, unless the provisions concerning changes to the T&C specified below apply.
    2. 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. If a user suspects or learns that a third party is in possession of access data, he/she must notify Insel Games immediately. Insel Games 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 Insel Games technology and websites. Insel Games will notify the user of any disabled account. If the user enables any third party to access the Game or other services of Insel Games as a result of intent or negligence on the part of the user, the user shall be fully liable towards Insel Games for any damages or purchases caused by such third party.
    3. The user is not permitted use any software directly or indirectly effecting the Game, its operation (e.g. so called “Bots”) or the data transfer between the user or Insel Games 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 is strictly prohibited. The user also agrees not to exploit programming errors for personal gain where identifiable as such.
  6. User generated or uploaded content
    1. Insel Games 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 or the Community Forums. Insel Games reserves the right to limit the storage capacity of User Content that is uploaded by users.
    2. Insel Games 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 Insel Games as described hereinafter. By uploading User Content on, through or in connection with the Game and/or the Community Forums, users hereby grant to Insel Games 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 Insel Games or by third parties on behalf of Insel Games. This entitles Insel Games to use User Content only in connection with the Game and its mechanics and the Community Forums. By this limited license users does not grant Insel Games the right to sell the User Content. After a user has removed User Content from the Game, Insel Games 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, Insel Games 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.
    3. The license you grant to Insel Games, as described above, is non-exclusive, royalty-free, sub-licensable to the extent described above, and worldwide.
    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. The user will indemnify Insel Games against all costs (including reasonable legal fees) and claims (including claims for damages) made against Insel Games by third parties due to the violation of their rights by Insel Games’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.
    6. The user shall be fully responsible for User Content published on or exchanged via the Game or any other Insel Games services, e.g. Community Forums. Insel Games will not preapprove User Content. However, Insel Games may refuse to post any User Content for any or no reason. Should Insel Games becomes aware of any content that is in violation of any laws or infringing any third party’s rights, Insel Games is entitled to disable or delete any such User Content at its own discretion. Insel Games may at any time remove the option to publish, store or otherwise use User Content.
    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 Insel Games 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.
    8. Except as provided within this Agreement or by express permission of Insel Games, users may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any third-party User Content.
    9. The user shall be entitled to use footage of the Game to produce fan videos and to distribute such videos. Such right shall be subject to withdrawal by Insel Games in its sole discretion. No video should reflect negatively on the Game, Insel Games or other users or should be deemed inappropriate for the USK/ESRB age rating of the Game.
    10. If such video is published on YouTube and the user intends to take part in YouTube’s revenue sharing program by placing advertisements alongside videos the right shall be subject to the following limitations:
    11. Prevent advertisements related to the following categories from appearing on the YouTube Channel, including, without limitation, by implementing the following Google® AdSense filters: (i) advertisements related to Insel Games’s competitors, including but not limited to other massive multiplayer online games; (ii) advertisements related to gold-farming, account selling or other activities prohibited by Insel Games’s terms and conditions; and (iii) advertisements that would conflict with the Game’s USK or ESRB or similar rating.
    12. Insel Games has the right to monitor all YouTube Channel content, and to require the removal of any advertisements that violate this Agreement.
  7. Payment
    1. Payment will be due immediately upon the purchase of virtual currency. All prices are including value added tax. The user may pay using any of the accepted payment methods which are detailed prior to the purchase. Payment options may vary depending on the amount of the payment and Insel Games may offer or remove certain payment methods in its sole discretion. If a payment cannot be collected and Insel Games is not at fault, the resulting costs shall be borne by the user.
    2. The user shall only be entitled to set off or exercise rights of retention with undisputed claims or such claims that have been finally found valid by a court of law.
  8. Liability
    1. Insel Games shall only be fully liable for damages resulting from injury to life, limb or health or for intentional or grossly negligent conduct and fraud. Insel Games’s liability under the Product Liability Act (Produkthaftungsgesetz) and the Telecommunications Act (Telekommunikationsgesetz) remains unaffected.
    2. In cases of slight negligence, Insel Games 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.
    3. This limitation of liability shall also apply for Insel Games’s directors, officers and employees.
    4. The unconditional liability irrespective of fault of Insel Games under rental law and comparable provisions for faults and errors existing at the time of the closure of the contract is expressly excluded.
  9. Term and Termination
    1. Contracts between Insel Games and the user are entered into for an indefinite period of time unless otherwise expressly stipulated at the time of conclusion.
    2. The parties may terminate the contract at any time without any notice period.
    3. The user may terminate the contract by sending an e-mail to info@inselgames.com including details of his/her user name and e-mail address registered with Insel Games, or by using the account management options available in the Game or on the Official Website.
    4. The right of both parties to terminate without notice period for cause remains unaffected.
    5. In the event of termination by the user without cause or termination for cause by Insel Games for which the user is at fault, Insel Games will not be required to refund Premium Features, virtual currency or other services paid for in advance.
    6. In particular, Insel Games has the right to terminate for cause in the following cases:
      1. if the user is late in paying a sum of at least Ђ 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;
      2. If, despite having received a reminder, the user knowingly violates any rules of conduct within these T&C or the rules of play or without any warning in a case that is so severe, that it would be unreasonable for Insel Games to remain bound to this Agreement. This shall always be the case for violations of criminal law or for the commercial use of the Game.
    7. Instead of a termination, Insel Games reserves the right to temporarily disable a user’s account and access to the Game and/or the Community Forums up to one month, with no payment obligations for the user while his/her account is disabled.
    8. In the event of termination, Insel Games will reserve the right to delete the user’s data related to the Game.
  10. Data protection
    1. To provide users with the full functionality of the Game, Insel Games needs to request certain information from its users and automatically collects information about user’s use of the Game. In addition, Insel Games will automatically request certain personal information from social network services (e.g., but not limited to, Facebook) when a user uses certain features, like cross-postings between the Community Forums and social network services (hereinafter “Social Network”). Hereafter Insel Games describes what personal information Insel Games may collect from its users and what Insel Games will do with that information. Furthermore, Insel Games informs users on their rights with respect to their personal data.
    2. In compliance with the applicable data protection laws of Malta, Insel Games collects, processes, and stores information about its users and other visitors of the Game, the Official Website and the Community Forums on servers located in Germany. Insel Games will not transfer users’ or visitors personal information to third parties unless a transfer is permitted by law or the user or visitor has agreed to this transfer. This may be the case for the processing of user payments. Insel Games takes all reasonable and appropriate steps to ensure that personal information are secure and treated in accordance with this data protection provisions and applicable Malta law.
    3. Provided that users register for or use the Game or the Community Forums via a Social Network, or if users intend to publish content from the Game or the Community Forums on Social Networks, users need to grant to Insel Games permission to access, store and process necessary information from the user’s profile that the user has agreed the respective Social Network may provide to Insel Games automatically via an AP-Interface. The scope of such information is affected by the privacy settings of the user at the respective social network service.
    4. Insel Games may access and process the following user information automatically generated from users’ Social Network profiles and/or collected directly by Insel Games while users use the Game:
      1. Profile name and/or first and family name of the user
      2. Avatar and/or picture of the user
      3. User ID number and/or user-URL of the Social Network and/or of the Game
      4. Email-address the user has provided to Insel Games and/or to the Social Network
      5. User’s gender, age, and birthday
      6. IP address
      7. User Content
      8. Certain information (Users’ Game-names and/or real names, pictures, age, gender and Game-information, such as, but not limited to, songs plaid, points collected, virtual merchandising purchased etc.) will be visible to other users of the Game and/or other users of Social Networks the user is a member of. This information may also be indexed by search engines. Users have the option to use a pseudonym while playing the Game.
      9. Insel Games also collects, stores, and processes certain information about the computer hard- and software its users use to access the Game (for example, but not limited to, computer system, mobile device, browser software etc.) in an anonymous form.
      10. Insel Games also collects, stores, and processes information related to the purchase of in-Game virtual items (Premium Features or virtual currency) to the extend necessary for the billing, which may include users credit-card- and/or bank-details, postal and e-mail addresses. Insel Games may also receive billing and payment information of its users that they provide to a third party (e.g. Paypal or credit card providers).
      11. Insel Games may, at its sole discretion, provide users with a functionality to upload User Content and making it available to the public. If requested by law and/or a public authority, Insel Games may record and store archives of User Content as well as the IP address used when uploading such User Content on its servers.
    5. Insel Games may collect information about its users as follows:
      1. Directly provided by its users;
      2. Provided by a Social Network (e.g. via Facebook Connect);
      3. By using Cookies and other automated information collection methods; Insel Games uses own and third parties Log Files and tracking technologies (e.g. Google Analytics) in order to collect and analyse certain types of information about its users, including IP addresses, device type, device identifiers, browser type and language, the number of clicks in the Game, Game-pages viewed, the amount of time spent on the Game-pages, Game state and the date and time of activity on the Game. Insel Games may also make use of web beacons, which provide Insel Games with the information whether a certain Game-page was visited; tracking pixels, which allow Insel Games to advertise more efficiently and to measure the traffic on the Game; and flash cookies, which help Insel Games to improve load times and convenience of the Game.
      4. Insel Games informs its users that they may set their web browser to warn them about attempts to place cookies on their computers and/or mobile devices. Moreover, users should note that flash cookies may not be removed or blocked by the change of web browser settings. However, Insel Games notifies its users that if they disable cookies, some of the features and functionalities of the Game may not work or may not work properly. Insel Games may engage third party providers in order to deliver advertisements in its Game. These providers may also use cookies or other technologies, which are not operated and/or controlled by Insel Games, and those technologies are subject to the providers’ privacy policies.
    6. Insel Games collects, stores, and processes the above listed information about its users for the following purposes
      1. Creating Game accounts and allowing users to play the Game;
      2. Notifying users of Game updates
      3. Enabling user-to-user communications;
      4. Providing technical support;
      5. Delivering and targeting advertising;
      6. Providing leader boards and promoting users achievements.
    7. The user can at any time request Insel Games to stop using his e-mail address to send any other communication – e.g information on game updates, advertising - aside from contractually necessary communication. Insel Games may share users’ information with third party service providers as required for the operation of the Game (for example, but not limited to, payment providers and hosting services). Apart from the aforementioned, Insel Games will not pass users’ information to third parties without explicit consent of its users.
    8. Under data protection laws, users have the right to access personal data stored about themselves by Insel Games. Users can execute their right of access by submitting a request for access to its personal data per e-mail, directed to info@inselgames.com, or in writing addressed to Insel Games Ltd., No. 9, Triq il-Lumija, San Gwann, SGN 2621, Malta. In addition, on user’s request, personal data will be rectified, disabled or deleted by Insel Games as long as such data is not necessary for execution of the Agreement or storage is required by law. Users can execute such rights by submitting a request per e-mail, directed to Insel Games under the address as detailed above.. However, Insel Games reserves the right to verify the identity of the requesting user.
  11. Miscellaneous
    1. Insel Games reserves the right to change these general terms and conditions without justification, provided doing so such changes are not unreasonable for the User taking both parties interests into account. Changes will be published when entering the Game and on Insel Games’s website and will be sent to users via e-mail. If the user does not object to such changes within two weeks following their publication and receipt, or continues to use the Game or other services after this period, the new general terms and conditions will be deemed accepted. When notifying users of such changes, Insel Games will indicate the options available to object to such changes and the legal repercussions, in particular of failing to raise objections and in case of such objections the agreement shall continue subject to the old terms and conditions until terminated.
    2. The parties may terminate the contract at any time without any notice period.
    3. The user may terminate the contract by sending an e-mail to info@inselgames.com including details of his/her user name and e-mail address registered with Insel Games, or by using the account management options available in the Game or on the Official Website.
    4. These general terms and conditions are subject to the law of Malta under exclusion of the conflict of laws provisions, which refer to the exclusive application of other legal systems, and the UN Convention on Contracts for the International Sale of Goods (CISG).
    5. Mandatory consumer protection provisions of a member state of the European Union or the EEC shall be applicable in addition to Malta law at the choice of the consumer, if the Game is actively marketed in the respective member state.
    6. If a provision contained in these general terms and conditions is or becomes ineffective, this will not affect the validity of the remaining provisions.
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