- USM offers Catan Universe exclusively to individuals, who use Catan Universe as consumers and for private purposes. Any use of 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 does not represent, warrant or guarantee the accessibility or availability of the services of Catan Universe. USM shall be entitled to interrupt the operation and availability of 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. To the extent permitted by the circumstances, advance notice of restrictions will be given within a reasonable time period.
- 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 Catan Universe.
Registration and Conclusion of Contract
- Users must register in order to use all functions of 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 Catan Universe portal as well as on the respective associated websites or software clients. Users may also use the user account created on 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 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 Catan Universe
- 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 or statutory exceptions, users are not entitled to edit, to duplicate, to distribute, to communicate to the public, to advertise with 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 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 Catan Universe, and from accessing data, which users are not entitled to access.
- For the use of 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 or permitted by statutory law. 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 unless permitted by statutory law.
Special Duties of Users
- Users are prohibited from making any kind of manipulative intervention in 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 Catan Universe.
- Moreover, users are prohibited from accessing 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 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 Catan Universe,
- use software permitting data mining or in another way retaining or gathering information in connection with Catan Universe,
- purchase, sell, exchange virtual contents from 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.
- delaying the game flow, for example via deliberately exploiting in-game timers and time limits, deliberately logging in and out during a running game and any other methods used to delay or slow the game flow.
In the event of a violation, the instructions by USM or its representatives are to be complied with.
Rules of Communication in 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 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 collecting, 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 Catan Universe.
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 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 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 inform the user concerned by email about an intended 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 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.
Scope of application of the Terms
Special provisions for the acquisition of fee-based services
- Users must have a registered user account for the use of fee-based services.
- Users will submit their offers for concluding a contract on the acquisition of fee-based services by selecting the total of the « fee-based services » they would like to acquire in the respective offer in Catan Universe and clicking on the appropriate buttons labelled “jetzt kaufen” (« Buy now ») or similar. Prior to clicking this button, input errors may be corrected by using the browser’s back button.
- The contract will come into existence upon receipt of an order confirmation from USM or from the respective sales platform, where such service is offered, and no later than upon USM crediting the fee-based service to the user’s account. USM can accept the offer within three business days after the offer has been made.
- The purchase price for the fee-based services is paid via a service provider integrated by USM. The methods of payment in each case are indicated to users at the respective game in Catan Universe. Users acknowledge the fact that regularly a contract comes into existence with the selected payment service provider on performing the transaction in accordance with the provisions of the relevant payment service provider.
- Where users acquire fee-based services via the Google Play Store, Amazon App Store, Microsoft or a similar platform (« third-party platform »), the terms of such third-party platform will apply supplementarily to these Terms.
Special provisions for concluding subscriptions subject to a fee
- Upon concluding fee-based subscriptions (« Subscriptions« ), for the (minimum) term selected users are granted access to special advantages in Catan Universe (for example, special functions, areas not generally accessible), which are not provided to non-subscribers.
- Users select the (minimum) subscription term and thus the price payable. The provisions on concluding the contract and the payment methods under Articles 2.3, 2.4, 2.5 shall apply accordingly. The amounts payable for the membership must be paid in advance at the beginning of the respective membership term.
Revocation Instructions and Revocation Form
Right of Revocation
You have the right to revoke the contract within 14 days without having to state the grounds for your revocation.
The revocation period is 14 days beginning with the day of the contract’s conclusion.
To exercise your right of revocation, you must inform us (United Soft Media GmbH, Thomas-Wimmer-Ring 11, 80539 München; Telephone: +49-(0)89-29088-175, Facsimile: +49-(0)89-29088-160; E-Mail: firstname.lastname@example.org) with a clear statement (e.g. postal mail, facsimile or email) about your decision to exercise your right to revoke the contract. You can use the attached revocation form, which is, however, not obligatory.
To meet the revocation period, it is sufficient that you dispatch the communication to exercise the right of revocation before the revocation period has expired.
Consequences of Revocation
In case you revoke the contract, we have to reimburse all payments that we have received from you, including shipping costs (with the exception of additional costs, that result from you choosing a different form of delivery other than the least expensive standard delivery method offered by us). We have to reimburse you immediately, no later than 14 days beginning with the day we received your communication about the revocation. We will use the same means of payment that you used for the initial transaction for this reimbursement, unless we have expressly agreed otherwise. You will not incur fees as a result of such reimbursement in any event.
– End of the Revocation Instructions –
The right of revocation expires when we have begun performance of the contract with your prior express consent that we shall begin performing prior to the end of the withdrawal period and your acknowledgment that you thereby loses the right of withdrawal.
Specimen Revocation Form
(If you want to revoke the contract please fill out this form and send it back to us)
– To: United Soft Media GmbH, Thomas-Wimmer-Ring 11, 80539 München [facsimile: +49-(0)89-29088-160; E-Mail: email@example.com]: –
I/We (*) hereby revoke the concluded contract on the purchase of the following goods / the supply of the following service –
Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only communication on paper)
(*) Please delete where inapplicable