USM offers the Catan Universe exclusively to individuals, who use the Catan Universe as consumers and for private purposes. Any use of the Catan Universe for commercial purposes is expressly prohibited. Exceptions shall require the express, prior written consent by USM. Only individual natural persons are permitted as users.
USM shall be entitled to interrupt the operation and availability of the Catan Universe for necessary technical reasons or due to required maintenance work without advance notice. Temporary restrictions may also arise due to technical failures such as interruption of telecommunications, the power supply, hardware and software errors, technical failures of service providers or other technical failures. USM gives no accessibility or availability guarantee of the services of the Catan Universe. In all other cases, advance notice will be given within a reasonable time period, to the extent permitted by the circumstances.
The Catan Universe may only be used in the current version as amended from time to time.
Users are to ensure the up-to-date status and suitability of the software and hardware used, in order to be able to use the Catan Universe.
Registration and Conclusion of Contract
Users must register in order to use all functions of the Catan Universe. No right to registration exists, however.
User accounts created through registration are linked to the respective individual and are non-transferable. Registration must be performed personally and may not be performed by a third party.
When registering, users are to provide exclusively true and complete information. Users are obligated to keep data provided in the registration up-to-date at all times. Where it is required for the performance of the contract of use, USM shall be entitled to request suitable proof of identity from the user, which shall be deleted immediately after examination.
When registering, users also are to indicate a password. The password to be selected may not be a sequence of consecutive numbers (such as 123456) or letters (such as ABCDEF) and may not be identical with the player name. It must additionally include special characters and upper case and lower case letters.
Users may register a user account on the Catan Universe portal as well as on the respective associated websites or software clients. Users may also use the user account created on the Catan Universe portal for all other websites and software clients linked by USM with the USM portal. USM reserves the right to create technical requirements, whereby user accounts can be used for other USM services at the same time.
General Duties of Users
Users are obligated to keep personal access data strictly confidential. Personal access data of the user are data used in order to authenticate the individual and to provide access to the user account ("Access Data"). In particular, users are obligated to use their access data exclusively within the Catan Universe and to protect such data from unauthorized access by third parties. Passwords must be changed at regular intervals (no later than every three months).
Where users have reason to suspect that third parties have or could have gained unauthorized access to their data, they must immediately notify USM and change their data or have them changed by USM. In such event or in the event that USM suspects misuse of access data, USM shall also be entitled to temporarily block user access. Users will be readmitted to usage, as soon as the suspicion of misuse of the data is eliminated.
Under no circumstances shall users be entitled to use other users’ access data.
Use of the Catan Universe
The Catan Universe contains contents (data, images, texts, graphics, pieces of music, sounds, sound sequences, videos, programs as well as software codes and all service offers provided for download) protected by trademark laws, copyright laws and in other ways for the benefit of USM or for the benefit of third parties. Unless expressly authorized by USM, users are not entitled to edit, to duplicate, to distribute, to communicate to the public, to advertise with the Catan Universe or contents provided by it, or to use such beyond the contractually agreed purpose. Only technical duplication for purposes of the intended use of the Catan Universe is permitted. Copyright notices and brand names may not be changed and not suppressed or removed.
Users undertake to refrain from all measures endangering or interfering with the functionality of the Catan Universe, and from accessing data, which users are not entitled to access.
For the use of the Catan Universe, USM shall grant users the non-exclusive right, limited to the term of the contract of use, to install and use the client software offered by USM. Users are only permitted to duplicate the client software to the extent necessary for the contractual use of the software. Any form of commercial use of the software is prohibited.
Any change of the client software and the retranslation of the program code provided into other code forms (de-compilation) as well as other types of reverse engineering of the software are prohibited.
Special Duties of Users
Users are prohibited from making any kind of manipulative intervention in the Catan Universe. Users are not entitled to use measures, mechanisms or software, which may interfere with the function and the game structure. Users may take no measures, which may result in an unreasonable or excessive burden on the technical capacities. Users are not permitted to block, overwrite, modify contents generated by USM or otherwise interfere with the Catan Universe.
Moreover, users are prohibited from accessing the Catan Universe with programs other than their respective Internet browsers or the client software provided by USM. This shall include, in particular, bots and other tools supposed to replace or to supplement the web interface. Likewise, scripts and programs are prohibited that create an advantage for individual users compared to fellow players. This shall also include auto-refresh functions and other integrated mechanisms of the Internet browser, if they are automated processes. Access is only permitted via the Catan Universe and third-party webpages integrated by USM (such as portals or social networks).
Under no circumstances may users
create or use cheats, mods, hacks and/or software changing the gaming experience of the Catan Universe,
use software permitting data mining or in another way retaining or gathering information in connection with the Catan Universe,
purchase, sell, exchange virtual contents from the Catan Universe for actual means of payment from third parties or attempt such actions, unless permitted in the individual case.
This shall also include all actions, which in their effect compare with the aforementioned prohibitions.
Moreover, users may not intervene in the events of the game in prohibited manner, such that the game entertainment or free competition is disturbed. This shall include in particular:
intentionally causing an interference/malfunction, in order to influence the game;
exploiting program errors, in order to selectively gain an advantage (“exploiting”);
unfair conduct of any type, for example, deception of other users;
concealed cooperation with other users, so that unknowing, uninitiated users are disadvantaged thereby and are thus deprived of their fair chance to play the game;
conscious and deliberate, repeated and unexcused independent cancellation of games.
In the event of a violation, the instructions by USM or its representatives are to be complied with.
Rules of Communication in the Catan Universe
USM may provide users with different communications options for own contents and contributions that users may use as available. There is no entitlement to be provided any such communications options.
Users are prohibited from publishing or disseminating contents (for example, images, videos, links, names, texts, words) within the Catan Universe, which
violate applicable law or are immoral;
violate trademarks, patents, copyrights, other property rights, trade secrets or other rights of third parties;
have a character that is obscene, racist, glorifies violence, is pornographic, harmful to minors or endangers or impairs the development of children and minors;
have a libellous, harassing, slanderous or other defamatory character;
are perceived by other users as undesirable and are repeatedly sent despite the recipient’s objection ("spam");
serve the purpose of gathering, storing or using personal data of users without the respective express consent for commercial purposes in particular;
contain chain letters, surveys or pyramid schemes;
falsely create the impression of being provided or supported by USM;
involve personal data of third parties without their express consent;
have a commercial, in particular, obvious or disguised advertising character.
In addition, users shall be obligated to make a reasonable choice of words and to deal with other users in a civilized manner and not to disseminate any political or religious contents and no contents with sexual reference.
USM expressly does not adopt any contents posted by users. Users shall grant USM, however, the permanent, irrevocable and non-exclusive right to use the contents and contributions posted by them within the Catan Universe. USM points out that random, but not complete, active monitoring of the contents posted will be performed at the most. Furthermore, users have the possibility of reporting suspected illegal contents to USM. USM will then immediately react and edit or delete the contents reported, where required.
Breach of Duty
In case of doubt, users are to remove contents objected by USM without undue delay. USM expressly reserves the right to remove said contents itself.
change or deletion of contents,
warning of a user,
publication of the misconduct in the Catan Universe identifying the player by name,
temporary suspension of a user account, and
exclusion of a user for the future.
There will be no reimbursement of any fees paid or of game contents acquired. Rather, the user concerned is to compensate USM for any expenses incurred in this connection.
USM is liable in accordance with the statutory provisions for any damage incurred by the user, which has been caused by intentional or grossly negligent behaviour of USM or its vicarious agents, as well as for personal injuries and damage in accordance with the German Product Liability Act.
Otherwise, the liability of USM for damage claims, irrespective of the legal grounds, is always limited to the amount of the fees paid to USM by the individual user.
The above limitations of liability shall also apply with respect to USM’s vicarious agents.
USM is not liable for any costs incurred by the user for the use of payment systems.
Termination of the Contractual Relationship
The contract for the use of the Catan Universe is entered into for an indefinite period, unless expressly stipulated otherwise. The contract may be duly terminated by either party at any time at two weeks’ notice, unless a limited term was agreed.
Each party has the right to terminate the contract for good cause without complying with a notice period. Good cause exists in particular, if
the collection of payment fails, in particular in recurring cases,
Any termination must be given in writing (including by email).
After a prolonged period of user inactivity, USM shall be authorized to cancel the user account. Not logging in with the player name and password stored for the account constitutes inactivity. USM will warn the user concerned by email about an impending cancellation and grant a reasonable period for appropriate activity. In addition, USM shall be entitled at its own discretion to cancel user accounts after the end of a contract.
Special Provisions as Part of the Early Access Phase
If users participate in an Early Access Phase, the following special provisions shall apply: Early Access Phases are only available to a very limited group of participants and serve for testing the software and hardware prior to official release. Users acknowledge and agree that the test contents provided to them are highly confidential and that USM is the exclusive owner of any such contents.
When participating in an Early Access Phase, users agree that USM acquires the exclusive rights to any and all comments, feedback, proposals, ideas, points of criticism and other information, which are disclosed, communicated or offered to USM during the implementation of the Early Access Phase ("Feedback").
Users also grant USM the right to use, to sell, to promote, or otherwise to exploit the feedback in any manner existing or yet to be developed without restrictions and without payment of remuneration to any user, unless such violates applicable laws.
Users acknowledge and agree that advance versions of the Catan Universe in the Early Access Phase serve for testing purposes and therefore no representation as to property, functional guarantees or the like will be given by USM. Users further acknowledge and agree that any such versions may contain different known and unknown program errors and such versions are used at the user's own risk.
Users also acknowledge and agree that in the course of participation in the Early Access Phase, USM may reset any of the game scores and associated bonuses, points, credits etc. and any progress and information of the user may be deleted at any time; this shall not apply to acquired paid contents, if any, in the Early Access Phase.
Any notices, objections or complaints are to be addressed in writing to
United Soft Media Verlag GmbH
or by email to email@example.com
The contract language is German. If copies of the contract or parts thereof are additionally made available in another language, in the event of lack of clarity or deviations the German-language version shall prevail.