General Terms and Conditions

1 Scope and General Provisions

1.1

The following General Terms and Conditions apply to all legal transactions of Wolvesville GmbH & Co. KG, Peter-Händel-Str. 10, 91334 Hemhofen (hereinafter "Wolvesville"), with its user or users of the game app Wolvesville, hereinafter "User". The game Wolvesville can be used by the User through mobile applications ("Mobile Apps") or via browsers.

1.2

The services and performances provided within the framework of the game Wolvesville, including for example the display of the user profile page, participation in forums, the display of user-generated content such as texts, photos, graphics or moving images, the provision of in-game messaging systems ("Services") are provided exclusively on the basis of these General Terms and Conditions ("GTC"). These GTC are published for Mobile Apps during the order process of the respective App and otherwise also on the websites of the Wolvesville Game. The GTC can be viewed there at any time and can be printed out. In addition to these T&Cs, the respective applicable game rules and the game instructions available via the respective downloaded App or listed on the website apply, if any. In the event of any inconsistency between these GTC and the Game Rules or Game Instructions, the GTC shall prevail.

1.3

Wolvesville concludes a licence agreement with the user by acknowledging the GTC. When using the Wolvesville game via a browser, the user accepts the GTC for our services by ticking "I accept the GTC" and clicking on the registration button.

1.4

When using the Game through a mobile app, the user accepts the GTC by downloading the respective mobile app. The user's general terms and conditions expressly do not become part of the contract.

1.5

Wolvesville is entitled to make changes to the GTC and other terms and conditions with effect for the future. Wolvesville will only make these changes for specific reasons, in particular due to new technical developments, extensions to the range of services, changes to the law or case law or other equivalent reasons. If the change significantly disturbs the contractual balance between Wolvesville and the user, the change will not be made. The intended changes require the consent of the user. The user agrees to be informed about changes of the GTC when logging in on the respective game platform via in-game messages or via e-mail to the e-mail address last disclosed by the user. The change is considered approved if the user does not object in writing or in text form (e.g. by e-mail or fax) within 8 weeks after receipt ("objection period"). Wolvesville will separately point out this circumstance when notifying the change.

1.6

If the user does not object to the amended GTC within the objection period to Wolvesville or if the user continues to use the Games despite receipt of the notice of amendment, the amended or supplementary GTC become effective vis-à-vis the user.

If, on the other hand, the user objects within the time limit, Wolvesville and the user are entitled to terminate the licence agreement properly in accordance with these GTC and to delete the account after expiry of any notice period. Any service fees paid in advance over the termination period will be refunded to the user on a pro rata basis. In the notification of the changes, Wolvesville will specifically point out the possibility of objection and termination, the deadline and the legal consequences, in particular with regard to a failure to object.

2 Conclusion of contract, licence

2.1

The User may enter into a contract with Wolvesville for the free use of the Wolvesville Game via the browser or via Mobile Apps („Licence Agreement“). The User is neither entitled to a Licence Agreement nor to use the Services or the Premium Services. The Licence Agreement may be terminated by Wolvesville and the User at any time without cause and the Services may be discontinued at any time without cause. Wolvesville grants User a non-exclusive, non-transferable, non-sublicensable, revocable and limited licence to access and use the Game for User‘s own non-commercial entertainment purposes. The user agrees not to use the Game for any other purpose.

By using our service, the user agrees not to use Wolvesville‘s services for commercial purposes and not to transfer their account to another person, whether for free or for a fee.

2.2

Wolvesville only offers its game to persons who are at least 16 years old. Persons younger than this are not permitted to use the Game. In addition the user confirms to have full legal capacity and, in the case of restricted legal capacity, to have obtained the consent of their legal guardian.

2.3

The licence agreement for a free use of the services via the browser is concluded by the receipt of the data from the registration form completed by the user and sent to Wolvesville and the activation of the account by Wolvesville and the acceptance of these GTC in accordance with section 1.3 of the GTC. The licence agreement is free of charge.

2.4

In addition to the free licence agreement referred to in section 2.3, Wolvesville offers chargeable services against payment („Premium Services“). The user has the choice to use these services or not. Prior to use, the user will be informed of the obligation to pay by means of a clear marking and the user must then expressly confirm the use.

2.5

When playing the game, the user has the option of using services provided by Wolvesville‘s cooperation partners. In these cases, a separate contract will be concluded between the user and the cooperation partner, which is based on special conditions that will be communicated to the user prior to the conclusion of the contract with the respective cooperation partner.

3. Scope of services Mobile Apps

3.1

Wolvesville is offered as a Mobile App for free download („Stores“) via various providers (e.g. iTunes regarding the App Store and Google regarding the Google Play Store). The User can use the Games via these Mobile Apps by downloading the respective Mobile App from a Store to his end device.

3.2

The licence agreement for free use of the Mobile App is concluded by downloading the Mobile App to your end device and the user‘s acceptance of these GTC in accordance with section 1.3.

3.3

In addition to the free licence agreement referred to in 3.2, the user may also purchase premium services in the respective store for Mobile Apps (so-called in-app purchases). The user then has the choice of making in-app purchases or not. The user is informed of the obligation to pay by a clear marking and must expressly confirm the use by clicking on the „Buy“ field or similar.

3.4

The User agrees that he/she will not use the Mobile App in any way that contradicts or breaches the Terms of Use and Licence or any other agreement between the User and the Stores.

3.5

The relevant Stores are not responsible for providing maintenance and support in respect of the Mobile App.

3.6

All claims by the User in relation to the paid Premium Services, including but not limited to claims based on warranty of defects or other rights of performance, shall not be asserted against the Stores, but against Wolvesville as the contractual partner. The provisions of these GTC apply.

3.7

In the case of a Mobile App downloaded via the Store, the user must observe the following restriction:

The User is not permitted to download Mobile Apps if he/she is a resident of a country that is subject to an embargo by the government of the USA or which is classified by the government of the USA as a country supporting terrorism. Therefore, when downloading Mobile Apps through the Store, User represents and warrants that User is not located in a country subject to a U.S. government embargo or designated by the U.S. government as a country that „supports terrorism“; and User is not on any U.S. government list of „prohibited or restricted parties“.

3.8

The Stores through which the Mobile Apps are purchased are third party beneficiaries of the contract between Wolvesville and the User and, as third party beneficiaries, are entitled to enforce that contract against the User.

4. Player name

4.1

The user chooses a player name as a pseudonym for participation in the game ("username"). He has no claim to the allocation of a specific Username.

4.2

Wolvesville is entitled to change or delete the Username chosen by the user, for technical, ethical or legal reasons as well as due to user inactivity, without the user's consent.

5. User account/account

5.1

With the licence agreement the user receives a user account ("Account"). In this account, the user can change his/her data and manage the games. An Account can be created either on the Wolvesville game portal or on the respective website of the Game or via the Mobile App downloaded to the User's terminal device.

5.2

An Account is not transferable, whether for a fee or free of charge, without the express consent of Wolvesville.

5.3

The user undertakes to keep login data, passwords and access data (together "access data") to his account secret and to inform Wolvesville immediately as soon as he becomes aware or suspect that unauthorised third parties are aware of the access data. In this case, the user will change his data or have it changed by us. In such a case, Wolvesville also has the right to temporarily block his access. The user will be allowed to use the service again as soon as the suspicion of misuse of the access data by the user or third parties has been dispelled at our discretion.

5.4

If a third party uses an account because they have obtained access data due to the fault of the user, the user will be treated as if he/she had acted himself/herself.

5.5

Inactive accounts can be deleted by Wolvesville in accordance with the respective game rules. The licence agreement ends automatically with this.

6 Technical equipment required

The use of the Game is only possible by means of software installed locally on the computer, tablet, smartphone or other end device ("End Device") as well as an internet connection of the user. This includes an Internet browser, a connection to the Internet, an operating system, any plug-ins, e.g. Java or Flash and any clients required to use the Game. The user shall bear the costs for this software and its use as well as the costs arising from the Internet connection. It is the user's responsibility to keep the end device in a condition that enables the use of the game. We do not provide any support for this.

7. Service content

7.1

Wolvesville provides the game and other service offers within the scope of its technical and operational possibilities. The services of the games are open to the user who has a licence agreement and therefore has an account.

7.2

All games, services, premium services, items or currencies offered by Wolvesville will be revised and updated at our discretion to keep them attractive to the widest possible range of users. In order for all users to participate in the game, it is necessary that all users use the same version of a game, service, premium service, item or currency. Therefore, the User will only be able to participate in the respective Game, Service, Premium Service, Item or Currency in its current version.

7.3

Wolvesville reserves the right to discontinue the operation of the Game or parts thereof without giving reasons.

7.4

Wolvesville expressly reserves the right to contest the contract, if such a contract has been concluded at all, and to reclaim the services granted to you against reimbursement of the amount paid by you, if any, in particular to reclaim Premium Points granted, in the event that, for example, technical problems or disruption of the service due to the intervention of third parties or similar events result in incorrect offers to the user (e.g. incorrect or faulty pricing of Premium Points). The user has the same right.

8. Chargeable premium services

8.1

The conclusion of the contract for premium services ("Premium Licence Agreement") shall come into effect for both browser games and mobile apps when the user clicks on the "Pay Now" button or similar after selecting the premium service and accepts the offer by sending an order confirmation via in-game message or e-mail.

8.2

The Premium Services include in particular, but are not limited to, the provision of virtual currency (e.g. Premium Points, Gold), the use of game benefits in the form of virtual goods ("Items").

8.3

The contents, functions and requirements of the Premium Services at the time of the order apply, as presented on the Wolvesville websites and in the Mobile Apps as well as in the corresponding shopping baskets and communicated to the User accordingly in the respective order confirmation.

8.4

As a rule, the User can use Items during a certain term. They can also lose items during the course of the game, for example by destroying them or having them taken away by other users.

8.5

Premium services can only be purchased by placing a separate order. There is no permanent or recurring obligation to purchase Premium Services.

8.6

With regard to the use of the Games via browsers, the prices at the time of the order apply as shown in the corresponding shopping baskets and transmitted in the order confirmation for the respective order. The prices include any applicable statutory value added tax.

8.7

In some cases, the fees or costs incurred by various payment providers are not yet included in the prices. If the user incurs additional fees or costs due to the payment provider selected by them, this will be expressly pointed out to them. When playing on a browser, the user can change the payment provider before completing the payment process. Wolvesville has no influence on the fees or costs charged by the payment provider. Only the payment providers can provide binding information about fees and costs incurred.

8.8

With regard to mobile apps, the prices apply as they are displayed via the respective stores (e.g. App Store or Google Play Store) and are transmitted in the order confirmation for the respective order. The prices include any applicable statutory value added tax. In the case of mobile apps, payments are processed via the respective stores. The terms of use and payment of the stores and, in addition, these GTC shall apply. In the event of contradictions between the terms and conditions of the stores and these GTC, the terms and conditions of use and payment of the stores shall take precedence.

8.9

If currencies, e.g. premium points, are simulated in the Games, these are premium services and not real money. A conversion of the premium services (including currencies) back into real money is only possible if the operation of our website and mobile apps is permanently discontinued. In this case, the fee paid by you will be refunded to the extent that it has not yet been used to activate Premium Services or items. If such premium points can be earned both through Game play and as premium services, the units purchased in return for payment will always be used first when such premium points are used.

8.10

The service fees are due in advance with the purchase of a premium use. The user has no right to a specific payment method.

8.11

The user is liable to Wolvesville for cancellations or chargebacks for which the user is responsible, e.g. due to insufficient funds in the account. The user shall bear the costs regularly arising from this (e.g. fees of the payment provider) and the processing fee incurred. We are entitled to collect these amounts from your account together with the original fee. The user has the right to prove that no damage was incurred or that the damage was not incurred in the amount claimed.

8.12

In the event of a delay in payment, Wolvesville is entitled to suspend its services and block the account, irrespective of the user's continuing obligation to pay. No service fee will be due during this period. Furthermore, we are entitled in any case to charge the statutory default interest of 5 percentage points above the applicable base rate.

8.13

Wolvesville is entitled to change the prices for Premium Services at its own discretion.

9 Right of cancellation, cancellation policy in relation to Premium Services

In case of a revocation by e-mail, it is advisable to state the user's name and the name of the game in the subject line for faster processing.

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must send us (Wolvesville GmbH & Co. KG, Peter-Händel-Str. 10, 91334 Hemhofen; phone: +49 176 55585095, e-mail: legal@wolvesville.com) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use this model withdrawal form, which is not mandatory.

In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you cancel this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

End of the cancellation policy.

Special note on the premature expiry of the right of withdrawal:

Your right of withdrawal expires prematurely if the execution of the contract has begun before the expiry of the withdrawal period, after you as the user have given your express consent to this and have acknowledged that you consequently lose your right of withdrawal with the start of the execution of the contract.

10 Term of contract and termination

10.1

The Licence Agreement and/or the Premium Licence Agreement between the User and Wolvesville are concluded for an indefinite period, unless otherwise stipulated in the specific offer by Wolvesville. Deviating provisions may apply to the provision of Premium Services.

10.2

If a specific term has not been agreed for the licence agreement, it may be terminated at any time without giving reasons.

10.3

Both contracting parties are entitled to terminate the Licence Agreement or the Premium Licence Agreement for good cause at any time without prejudice to the above provisions.

10.4

Wolvesville is entitled in particular, but not exclusively, to terminate the License Agreement or the Premium License Agreement for cause if

10.5

If the game does not provide for the possibility of termination (e.g. deletion function), termination must be made in text form (letter, fax, e-mail). In the case of extraordinary termination, the reasons for termination must be stated.

10.6

For technical reasons, the final deletion of the account and the user data will only take place with a delay of several days.

10.7

In the event of an ordinary termination by the user or a termination for cause by Wolvesville, the user cannot claim back the fees paid to date when the termination becomes effective. The user has the possibility to use and consume Premium Points as well as items purchased against payment until the termination becomes effective, after which the user is not entitled to any refund claims against Wolvesville, in particular not due to Premium Services not yet used. There are then also no more claims for the provision of Premium Services. Furthermore, we are authorised to demand from the user the total of all fees which he would still have had to pay (in particular for Premium Services already ordered). The user's right to prove that no damage or significantly less damage has been incurred remains unaffected.

11 Security, Cheating

11.1

The user is not authorised to use mechanisms, software, programs or other routines that could interfere with Wolvesville's systems. The user may not take any measures that could lead to an unreasonable overload of the systems. The use of special software, in particular for the systematic or automatic control of the games or individual game functions (bots, macros), for the reproduction or evaluation of the game, is not permitted.

11.2

It is prohibited to exploit bugs or errors in the programming of the game and in the course of the game, which may represent an advantage for the user, for one's own purposes and/or for the purposes of third parties. If the user discovers bugs, he will inform Wolvesville immediately. If the user has made use of this, these are to be reimbursed as far as possible. If bugs or errors are deliberately exploited or made public on the Internet or via mobile applications, this may lead to termination of the licence agreement without notice and deletion of the account.

11.3

It is prohibited to use software that enables "data mining" or otherwise collects information related to the Games.

11.4

It is forbidden to use items outside the game, to buy or sell them for real money or to exchange them.

12 User obligations

12.1

The user is responsible for ensuring that the information provided to us during registration and in the context of the use of premium services is true and complete. He undertakes to inform us immediately of any changes to the data and to confirm the correctness of the data upon request.

12.2

The user undertakes to comply with the provisions of these GTC, to observe the rules of the game and to follow our instructions and those of our employees and our vicarious agents. This includes the instructions of the administrators and moderators (community managers, supporters) in forums relating to the game.

12.3

The user shall refrain from doing anything that jeopardises or disturbs the operation and functioning of the game and the pleasant interaction of the users with each other. In particular, it is prohibited

12.4

Deliberate false entries, the use or posting of inadmissible content or misuse of data entitle Wolvesville to terminate the contract without notice. We also reserve the right to take further legal steps.

12.5

Wolvesville is entitled to delete user-generated content. This applies in particular to content that violates these GTC.

13. Granting of rights to Wolvesville

13.1

Mobile apps and games require the installation of software on the user's device ("Mobile App Software"). The user is aware that Wolvesville is entitled to all rights to the Mobile App Software and, if applicable, our licensors. Wolvesville makes this Mobile App Software available to you and grants the user the simple rights of use for private use on the end device. Furthermore, the Mobile App Software may not be reproduced or made publicly available on the Internet or via a network or stored on data carriers. It may also not be used or exploited commercially. Furthermore, editing, decompiling, disassembling and reverse engineering are prohibited. Instigating or aiding and abetting third parties to commit such acts is also prohibited. This grant of rights may be revoked by Wolvesville at any time without stating reasons. In this case, the user is obliged to delete the Mobile App Software on his end device. The authorisation to use the rights granted expires at the latest when your licence agreement expires.

13.2

If the user makes information accessible by means of texts, photos, graphics, videos, links, music etc. ("content") within the framework of the game or in forums operated by us, you thereby grant Wolvesville free of charge the simple, spatially unlimited right to reproduce and make publicly accessible in connection with the game and in the forums. The user is responsible for this information. Wolvesville has no control over this and does not adopt this content as its own. Wolvesville does not check this content. Should we have knowledge of illegal content, it will be removed immediately.

13.3

The user indemnifies Wolvesville against all claims, including claims for damages, asserted by other users or other third parties against Wolvesville due to an infringement of their rights by the user's conduct and/or by the content or data posted by the user. The user shall also reimburse us for any reasonable costs incurred by us as a result, in particular the costs incurred by us for any legal defence that may be necessary. All further rights as well as claims for damages of Wolvesville remain unaffected. The above obligations do not apply insofar as the user is not responsible for the infringement in question.

14. In-game reporting

During the game, if the user observes that another player is abusing the chat system or other features of the app, please report that player using the in-game reporting function. To report another user and player, please follow the instructions below:

15. Accessibility

Wolvesville guarantees an accessibility of the Games of 98% on an annual average. This does not include periods of regular maintenance of the games, which is only possible in offline mode, and periods in which the games cannot be accessed due to force majeure, external manipulation or other problems beyond our control or that of our vicarious agents. We shall only be liable for the inaccessibility of the Games to the extent that intent or gross negligence is involved or due to injury to life, limb or health.

16 Warranty for defects and limitation of liability

16.1

The licence agreement gives the user the opportunity to use the game in its current version. The user is aware that the game offered by Wolvesville - like any software - can never be completely free of defects.

16.2

Defects detected by the user must be reported immediately after discovery. For reasons of preservation of evidence, the user should document these in text form (e.g. by fax, letter or e-mail) and send them to Wolvesville.

16.3

Excluded from the warranty are defects based on external influences, operating errors by the user or force majeure. The user undertakes to cooperate as far as possible in the rectification of defects in the games.

16.4

In principle, any liability on the part of Wolvesville is excluded and only takes place in accordance with the following regulations.

We shall only be liable for damages and reimbursement of futile expenses ("damages") due to breach of contractual or non-contractual obligations in the following cases

Damages for the breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence or liability due to injury to life, body or health or the assumption of a quality guarantee or due to product liability.

16.5

The above limitations of liability also apply with regard to the personal liability of our employees, shareholders, representatives, bodies and their members, community managers, moderators, supporters and vicarious agents.

17 Data protection

17.1

User data received by Wolvesville with the conclusion of a licence agreement and its processing will be collected, stored and processed by Wolvesville within the framework of the statutory provisions. The legal basis for this data processing is Art. 6 (1) sentence 1 lit. b DSGVO, as this data processing is necessary and required for the execution of the contract. In this regard, Wolvesville refers in detail to the privacy policy, which can be accessed under the following link: https://legal.wolvesville.com/privacy-policy-en.html

17.2

Wolvesville assures that the user's personal data will not be passed on to third parties, unless Wolvesville is legally obliged to do so or if Wolvesville has a legal obligation to do so.

18. Out-of-court dispute resolution, place of jurisdiction, applicable law

18.1

The EU Commission provides an online platform for out-of-court online dispute resolution ("ODR platform") between consumers and online merchants. The ODR platform can be accessed at the following link: http://ec.europa.eu/consumers/odr. You can contact Wolvesville via the ODR platform. As a rule, we will then contact the user, as we are not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

18.2

The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the conflict of laws rules.

18.3

For disputes with the user, the statutory place of jurisdiction shall apply insofar as the user has a general place of jurisdiction in the Federal Republic of Germany. In the event of disputes arising from legal transactions with merchants, legal entities under public law or special funds under public law, the exclusive jurisdiction of the court of Fürth is agreed for all cases.

Last changed: 21.07.2023