GTC
Terms & Conditions
ofRavensburger Digital GmbH,
Kaflerstraße 8,
81241 Munich,
Germany,
Commercial Register Munich, HRB 180674
1. Scope
1. Ravensburger Digital GmbH (hereafter "Ravensburger Digital") operates the online game Ravensburger WebPuzzles. Participants in and users of services offered on this platform are referred to hereafter as the "user" or "users".2. Ravensburger Digital provides all services to users according to these Terms & Conditions (hereafter "T & C"). They regulate the use of services provided by Ravensburger Digital via Ravensburger WebPuzzles, the relationship between Ravensburger Digital and users and the relationship of users on the platform.
3. The T & C are valid for all content, functions, tools and
other services (hereafter referred to as "services"), that Ravensburger Digital provides via Ravensburger WebPuzzles.
4. The user agrees to the T & C by using the services on offer or by registering on the Ravensburger WebPuzzles platform. Conflicting terms and conditions, including possible conditions on the part of the user, are explicitly rejected. They are only valid if and only if Ravensburger Digital agrees to them explicitly and in writing. The failure of Ravensburger Digital to explicitly reject other terms and conditions does not imply that Ravensburger Digital has agreed to those terms and conditions.
5. The T & C may be viewed online at any time on the Ravensburger WebPuzzles website via the T & C link. The user may also request that Ravensburger Digital send the T & C electronically. Such requests must be sent to #href#mailto:support@ravensburger-webpuzzles.com?subject=T & C Request#hreflabel#support@ravensburger-webpuzzles.com#endhref#.
6. Ravensburger Digital GmbH is not responsible for the offerings of other websites or content providers that are linked on the Ravensburger WebPuzzles website or referred to by Ravensburger Digital. Such third-party offerings are governed by the terms and conditions of the respective third-party websites and providers.
2. Services
1. Ravensburger Digital enables the user, within the existing technical and operational framework, to use the services it offers via the Internet. The user receives only individual, non-transferrable usage rights to the services made available in the framework of the T & C.2. The Ravensburger WebPuzzles platform, operated by Ravensburger Digital, is offered to the user in a free version ("basic version"). The basic version does not offer the user all the planned or available features. Additional features are available to the user after registration on Ravensburger WebPuzzles ("registered user"). Additionally, registered users can gain access to "premium features" via one-time payments or by subscribing to a "premium package" ("WebPuzzler Premium").
3. The virtual currency of Ravensburger WebPuzzles, called coins, can be purchased in exchange for legal tender. Coins serve as game credit and may be used only according to the regulations of the respective services on offer. In general, this currency cannot be exchanged for money.
Additionally, the virtual currency is distinct from the PuzzlePoints that may be earned in the game. PuzzlePoints serve as rewards for completed in-game actions. They have no financial value. Disbursement of credited points is thus impossible.
4. The services on Ravensburger WebPuzzles are continually updated, modified and expanded. The user thus only receives usage rights with respect to the current version. The user has no right to continue to receive or use the services in the form in which they were offered at the time of registration or at any other time.
The user has no right to updated versions of the current game. Ravensburger Digital has no obligation to make certain functions available or to maintain their availability.
5. The services provided by Ravensburger Digital include the possibility for users to select and upload multimedia content like images to the Ravensburger WebPuzzles platform. Ravensburger Digital offers its users the option to save images in their user accounts and to make them private (non-public) or public (available to other users). The number of images that each user can upload each day is limited. The limits on image uploads have been established by Ravensburger Digital based on internal considerations and can be adjusted at any time. Users will be informed about changes to the limits via the relevant channels on Ravensburger WebPuzzles.
3. Registration, Membership ("Registered User")
1. To take advantage of services beyond the basic version of Ravensburger WebPuzzles, the user must register on Ravensburger WebPuzzles and create a user account. The user account will only be created if and only if all the required fields on the form are completely, truthfully and correctly filled in, the T & C are accepted, and the privacy policy is accepted. The user agrees to inform Ravensburger Digital of any changes to the submitted information in a timely manner.2. Every user needs a valid email address to create a user account. The user is obligated to use a continually-existing email address. If the email address changes, the user is obligated to inform Ravensburger Digital of the new email address. Unless otherwise stated or agreed upon, Ravensburger Digital will communicate with the user via email. The user will ensure that emails sent to the email address he or she provided to Ravensburger Digital are received. The user will ensure that the necessary settings (e.g., spam filters) have been configured. In the case that the email address of the user no longer exists or the user fails to answer contractually relevant emails within three months, Ravensburger Digital GmbH reserves the right to lock the user account of the user.
3. The user is obligated to select a secure password when registering (at least eight characters, including letters, numbers and special characters). The user is obligated to keep the password secret and not to give it to third-parties. Ravensburger Digital will never ask a user, whether in a conversation or an email, for the user's password.
4. The user is obligated to inform Ravensburger Digital immediately if he or she knows or suspects that a third party has knowledge of the password. If costs or damages to Ravensburger WebPuzzles accrue because of the use of the user's password by a third party, the user is liable to Ravensburger Digital for the resulting costs.
5. Registration will be completed via a confirmation link. The user will receive the link in a confirmation email sent to the user's registered email address. The usage agreement becomes effective when the confirmation link is activated. The contractual relationship will also be referred to as "membership".
6. Ravensburger Digital reserves the right to reject membership applications and thus the usage of its services. The user has no right to open an account or to the publication of content created by the user in the framework of the service. Ravensburger Digital can reject a registration without supplying a reason.
7. The offer by Ravensburger Digital of free usage of services represents a binding offer to the user upon conclusion of the contract. The user can accept the offer by submitting the registration form to Ravensburger Digital. The user can correct data entry errors by using the browser to navigate backwards or by aborting the registration process and starting over.
8. Ravensburger Digital GmbH offers its services exclusively to consumers in the context of § 13 BGB. Persons who are over the age of 18, have the permission of their parent(s) or legal guardian(s) or are older than 7 but not older than 18 and fulfill their contractual obligations with the permission of their legal guardians or with the permission of a third party are permitted to use the service. Commercial use of the services provided by Ravensburger Digital GmbH in the context of the T & C is not permitted.
9. Ravensburger Digital GmbH retains both orders and order information submitted by users. The user receives an email confirmation of the submission and purchase of the order including all order information. Before submitting an order, the user may print the order information and/or the Terms & Conditions. Via his or her account, the user may access all of his or her orders at any time.
4. Duration, Membership and Cancellation of Membership ("Registered User")
1. Unless otherwise specified, membership persists indefinitely.2. Ravensburger Digital cannot guarantee and does not accept liability for the actual identity of members. A member must persuade himself or herself of the identities of other members. Ravensburger Digital nevertheless does attempt to verify the age and identities of members. If the required documentation is not submitted in a timely fashion or is falsified, Ravensburger Digital will delete the relevant member account.
3. Membership as a registered user can be cancelled by the user or by Ravensburger Digital at any time without supplying a reason. Ravensburger Digital may revoke membership if a user does not comply with the T & C despite being notified or if the user engages in damaging or illegal behavior that affects the Ravensburger WebPuzzles offer.
4. All cancellations according to the T & C are to be sent to the address given in Section 7 (Cancellation Policy). Once the cancellation takes effect, access to the services of Ravensburger WebPuzzles will be blocked. Due to technical reasons, it may be several days before user data, user accounts and/or game accounts are deleted.
5. Terms of Service, Responsibilities of the User, Game Rules, Instructions, Offenses
1. For security reasons the user must regularly change his or her password and log off when finished using his or her account.2. If unauthorized third parties access a user account, the user is liable for any costs or damages that result. If Ravensburger Digital shares responsibility for the unauthorized access, it and the user share the liability for costs and damages.
3. The user must follow the rules of the game. The current rules of the game are the governing rules of the game. Ravensburger Digital will inform users of changes to the rules via email or when logging in.
4. The user acknowledges that he or she uses Ravensburger Digital's game "Ravensburger WebPuzzles" together with many other users and communicates and interacts with them. By participating in the game the user acknowledges that following the rules is necessary for communal gameplay and that the rules and conditions of participation are binding. The user will avoid anything that would negatively affect the game or communal gameplay.
5. To aid user communication, Ravensburger Digital offers users the ability to place their own content in the game. In the context of communication via the platform and usage of the service, users agree not to upload or transmit content or comments that violate the laws of the Federal Republic of Germany, especially insulting, violent, discriminatory, obscene, pornographic or unconstitutional content or comments. This ban includes, among others, content and comments constituting insults or libel (§§ 185 ff. StGB), content or comments encouraging violence (§ 131 StGB), content or comments discriminating against or insulting beliefs, religions and world-views (§ 166 StGB), propaganda (§§ 86 f. StGB), racist or unconstitutional content or comments (§ 130 Abs. 2 StGB), content or comments inappropriate for minors (§ 21 Abs. 1 Nr. 3a, Abs. 3 GJS) and/or pornography (§ 184 StGB). Additionally, it is forbidden to use the platform provided by Ravensburger Digital to publish content or comments that violate copyrights, trademarks or other protected third-party rights.
6. Commercial content is only permitted if explicitly agreed to in writing by Ravensburger Digital. Commercial content includes URLs and links that point to commercial sites.
7. Unless otherwise explicitly stated by Ravensburger Digital, each user may have only one account.
8. The user is not permitted to exploit programming or design errors in the service (i.e., exploiting bugs), to interrupt or damage the operation of the game, to manipulate the service or gain unauthorized access.
9. Ravensburger Digital may block access to a game or user account or cancel a user account in response to violations of the terms and conditions, especially Sections 4-8. Temporary bans may also be used while possible violations are being verified, if the user owes Ravensburger Digital payment or as sanctions for minor violations. During the ban the user cannot access his or her game account and cannot use the Ravensburger WebPuzzles service.
Ravensburger Digital will inform the user of the duration of the ban. A permanent ban may be incurred by repeated or serious violations of the T & C, like hacking or attempted hacking or violations of Sections 5-7.
10. With the exception of game accounts with valid premium packages, game accounts are considered inactive when users do not log into their game accounts (i) for 10 continuous days within the first four weeks following registration or (ii) for four continuous weeks in the period thereafter.
Inactive game accounts are removed from active game operations until the user logs in again ("parking an account"). Parking a game account may lead to a full or partial resetting of the game account, such that the user faces the same conditions with respect to access to resources, inventory, etc. as a new user would.
11. If Ravensburger Digital GmbH faces liability or obligations from third parties resulting from actions of the user, Ravensburger Digital GmbH will accept no such liability and will hold the user liable for all costs and damages, not limited to those expected by the user, including legal costs.
6. Registering for Premium Packages ("WebPuzzler Premium"), Cancellation of Subscription
1. The user has the ability to receive or unlock premium features within the Ravensburger WebPuzzles game that are not included in the basic game. The range of premium features on offer and the price thereof may vary. Premium packages can be purchased for legal tender or by exchanging the virtual currency of the game, coins.2. The premium features are generally offered per theme or per puzzle within a theme. Premium packages are offered as subscriptions (e.g., 3 months, 6 months, 12 months.) The offer of paid content from Ravensburger Digital represents a binding offer to the user upon conclusion of the contract. The user can use the offer after registration with a payment provider of choice by submitting an order to Ravensburger Digital. The user can correct data entry errors by navigating backwards via his or her browser or by aborting the order process and starting over. Ravensburger Digital will immediately unlock the service after receiving the order.
3. If the user orders a premium package (subscription) from Ravensburger Digital, the premium package will automatically renew at the end of the agreed-on period unless Ravensburger Digital or the user cancels it in a timely fashion. The cancellation is timely if it is submitted at least two weeks before the automatic renewal if the contractual period is one month or at least one month before the automatic renewal if the period is longer than one month. The cancellation must be received by the counterparty within these time limits. During the fixed contractual period of a premium package, the premium package and/or the underlying membership can only be cancelled for important reasons, such as those found in section 5.9.
4. Advance payment is required. The user is obliged to pay the amount due when it is due and to ensure the correctness of all information required for payment, like his or her name and bank account information, and to communicate any changes that may affect payment to Ravensburger Digital and the relevant payment processor or provider.
5. Ravensburger Digital may change the price of premium packages at any time and will communicate the revised prices. Price changes apply to subscriptions only after the expiration of the first opportunity to cancel. The service-internal exchange relationship is not affected and can be changed at any time.
6. If Ravensburger Digital permanently discontinues operation of the game, remaining service obligations will be refunded.
7. Interruption of the service is not a ground for refund, reduced payment or extension of an existing subscription.
7. Cancellation Policy
CancellationYou can cancel your contractual agreement within 14 days without stating a reason in written form (e.g., letter, fax, email). The cancellation period begins after receipt of this policy in written form, but not before receipt of the goods by the recipient (or, in the case of recurring shipments of the same goods, receipt of the first partial delivery) and not before the fulfillment of our information requirements according to Article 246 § 2 in connection with § 1 Section 1 and 2 EGBGB as well as our obligations according to § 312g Section 1 Clause 1 BGB in connection with Article 246 § 3 EGBGB. Complying with the cancellation policy requires only timely submission of the cancellation or return of the goods. Cancellations must be sent to:
Ravensburger Digital GmbH
Kaflerstraße 8, 81241 Munich
Germany
Fax: +49 (89) 1 22 28 18-49
Email: #href#mailto:cancel@ravensburger-digital.com#hreflabel#Cancellation@ravensburger-digital.com#endhref#
Managing Director:
Thomas Bleyer
Cancellation Process
In the event of an effective revocation, Services or payments received by either party must be returned and, if applicable, any associated benefits (e.g. interest) must be surrendered. If you cannot return the received Service and benefits (e.g. utilisation) to us, or not in full, or only in deteriorated condition, you must provide equivalent compensation. This may mean that you may nevertheless be required to fulfil the contractual payment obligations for the period of time up until the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you on dispatch of your revocation notice; our period begins on receipt of the notice that you send
End of Cancellation Policy
According to § 312 d Section 4 No. 1 of the German Civil Code, the cancellation policy does not apply to distance selling contracts for the delivery of goods that are not suited to return shipment (coins, gift certificates for purchasing coins and premium packages, purchases of accessories).
8. Game Account Rights
a. The user's game account and the associated resources, items, coins, etc., are virtual items in the game and are exclusively for server- or game-internal use. The user gains no property and has special right to the game account in whole or in part. In particular, the user has no right to a disbursement of virtually earned credit or starting credit. Ravensburger Digital reserves all rights to the game and service. No rights regarding the service or the programs that underlie it are transferred to the user.b. Without express written consent from Ravensburger digital, the user is not permitted to transfer his or her account to a third party. In particular, the sale of the account, associated items or credit, or access to the account, may not be commercially exploited. This includes the exploitation of access data or usage rights. Unpermitted publication, duplication, copying, exploitation or other violations of the rights of the provider will be prosecuted. Ravensburger Digital may delete affected accounts and terminate memberships without recourse to refund.
9. User-Submitted Content
a. Users who submit their own content (e.g., photos or texts) to Ravensburger WebPuzzles for publication acknowledge by the act of submission that the submitted content will be duplicated and published on the Internet without compensation. Users declare that they hold all the relevant rights to the submitted content and that individuals appearing in graphical content have given their explicit consent. For minors, the consent of a parent or legal guardian is required. Content or comments submitted by mail cannot be processed and will be returned to the user.b. The user guarantees that Ravensburger Digital will not be liable to third parties in the event that the user has not secured all the necessary rights or permissions to the content he or she submits.
c. Ravensburger Digital reserves the right to not publish submitted content.
d. Users retain all rights to their submitted content. By submitting content to a Ravensburger Digital service, the user grants Ravensburger Digital a non-exclusive, free and revocable license to process and publish the content on Ravensburger Digital websites. If the user revokes the license, Ravensburger Digital may cancel the contract immediately.
10. Hacking and Unauthorized Access
1. The use of the service is only permitted via a browser or programs, tools or scripts that have been made specially available or explicitly permitted by Ravensburger Digital.2. Users are explicitly forbidden from using measures, mechanisms or software in connection with the services provided by Ravensburger Digital which may cause technical or operational problems. The user may not employ any measures that result in an overly large or unexpected strain on the technical capacities of the service or which may otherwise cause interruptions or problems. Modifying or blocking content (including advertising content) is not permitted. It is also not permitted to use hacking or other means or methods to gain unauthorized access to services, user accounts or networks.
3. The usage of software for systematic or automatic control or reproduction or exploitation of the service or its individual functions (e.g., bots, macros, scripts, etc.) is not permitted.
4. The user may log into Ravensburger WebPuzzles or an application only via the website and login form made available for that purpose. Automatically logging in is not permitted, regardless of whether the login form is used or not.
11. Modifications
1. Ravensburger Digital reserves the right to modify or expand the T & C and/or the privacy policy at any time with future effect as long as it deems the changes important and in good faith.2. Written notification of changes will be provided. In general, such notifications appear on the website of Ravensburger Digital or are sent via email to the registered addresses of users. The user will also be informed of the changes the next time he or she logs in.
3. The user has 14 (fourteen) days following the notice to object to the changes. If the user does not object in written form (email is permitted) within 14 days, or if he or she continues using the service, the new conditions will take effect. If the user objects in a timely fashion, both parties are permitted to cancel the contract within one month, unless shorter cancellation periods apply. In the case of an objection, the previous version of the T & C will remain in effect until the contact expires. Services and coins will be refunded to the user if Ravensburger Digital GmbH announced the changes before the user would have had a chance to cancel said purchases or membership. The right to cancel does not apply if Ravensburger Digital offers the user the opportunity to continue using the service under the previous T & C. After expiration of the premium package or after the coins have been spent, the user may not be able to purchase more under the terms of the previous T & C. Changing to the new T & C is possible at any time.
4. Ravensburger Digital will notify users of the possibility to object to such changes and of the consequences of doing or not doing so.
5. It is recommended that the user regularly check the current rules of the game.
12. Privacy Policy
1. Data CollectionWe collect data during the entire process of initiating, processing and concluding a purchase contract. These data will be saved and processed by Ravensburger Digital.
Your visit to our website will be recorded. The following data will be recorded: IP address, time and date, browser type and operating system as well as the pages you visit. Using this information for the purpose of personal identification is in general neither possible nor planned.
2. Use and Distribution of Data
The personally identifying data that you submit to us, via an order or an email (e.g., your name and email address) will only be used for corresponding with you and only for the purpose for which you have submitted them to us. For processing your payment we will give your payment information to the credit institute charged with processing your payment.
We guarantee that we will not pass your personal information on to third parties unless we are legally required to do so or you have given your prior consent. Insofar as third party contractors are employed the provisions of the Federal Data Protection Law will apply.
3. Consent and Revocation
If you have submitted personal information to us, you can delete it at any time. Data required for payment or accounting purposes is not affected by cancellation or deletion.
4. Duration of Retention
Personal data submitted to us via our website will only be saved as long as is necessary for the purpose for which you submitted it to us. Insofar as business or tax regulations may come into play, some data may be retained for up to 10 years.
5. User Account
If you create a user account, you grant us permission to save personal data like your name, address, email address, bank account or credit card information and your user data (username and password). You also have the possibility to use our service with your username and personal password.
6. Usage of Cookies
The use of our service requires the use of cookies. You must configure your browser to accept cookies.
The cookie contains a randomly-generated session code and your customer ID, of applicable, which identifies you as a registered user.
Additionally, we save the affiliate ID and referring site, if available.
You must configure your browser to accept cookies.
7. Google Analytics
This website uses Google Analytics, a web analysis service from Google Inc. ("Google"). Google Analytics uses "cookies", text files that are saved on your computer and that enable an analysis of your use of the site. The information gathered using the cookie, including your IP address, will be sent to a Google server in the USA, where it will be stored and analyzed. Google will use this information to evaluate your usage of the website, to create reports about activity on the website for the website operator, and to provide additional services connected to usage of the website and the Internet. Google will also pass this information on to third parties if required by law or if they analyze the data for Google. In no case will Google connect your IP address with other data in its possession. You can prevent or restrict the use of cookies by configuring your browser. If you do so, you may not be able to use all the functionality of the website. By using this website you agree to allow Google to process your data as described above.
8. Advertising
If you have given your consent, we will regularly inform you about new and interesting offers from Ravensburger via email. Your email address will not be given to other companies. You can revoke your consent at any time.
9. Newsletter
If you sign up for the newsletter, you agree to allow your first name, last name and email address to be used for marketing purposes. We send the newsletter. You can revoke your consent to the delivery of the newsletter at any time. In each newsletter there is a link via which you can revoke your consent.
10. Your Rights, Information
If you no longer consent to the saving of your personal data or they are no longer correct, we will delete, lock or correct your data to the fullest extent possible upon receipt of written notification. At your request and free of charge you may receive information about all the personal data that we have collected from you.
11. If you have questions about the collection, saving or use of your personal data, or would like to request information, correction, locking or deletion of your data, please send an email to #href#mailto:datenschutzbeauftragter@ravensburger-digital.com#hreflabel#datenschutzbeauftragter@ravensburger-digital.com#endhref#.
Responsible for Data Protection: Rolf Auerbach
13. Limitation of Liability
1. Ravensburger Digital will attempt to ensure the accessibility and error-free availability of the service. At the same time, errors and outages may occur. If the user is placed at a disadvantage by server outages, transmission errors, program errors (bugs) or other errors, the user has no right to compensation or to a return of his or her account to its previous status, especially if the error was not caused by Ravensburger Digital.2. Ravensburger Digital does not guarantee the availability of the Ravensburger WebPuzzles platform and services. In particular, Ravensburger Digital accepts no liability for any problems or errors that arise outside the area of influence of Ravensburger Digital, like acts of God, or actions by third parties that, through outside influence, service outages or changes modifications, repairs or other actions not undertaken by Ravensburger Digital.
3. Ravensburger Digital accepts no liability for the presentation of images on the Ravensburger WebPuzzles platform. The user can notify Ravensburger Digital's customer support in writing of any problems.
4. Ravensburger Digital is liable only for damages resulting from gross negligence or intent. The preceding limitation of liability does not apply to injuries to life, body or health. They also do not apply if the damage results from violation of a contractual obligation or violation of a guarantee. The liability of Ravensburger Digital according to the Product Liability Law and § 44 TKG remains in effect.
5. Insofar as Ravensburger Digital, according to Section 4 liable for restitution is, such liability is limited to damages that Ravensburger Digital could have anticipated a resulting from a contractual violation or that should have been anticipated based on common sense. Collateral damage or consequential damage resulting from flaws are only liable to restitution insofar as such damages could be expected by typical usage.
6. Ravensburger Digital accepts no liability for damages resulting from incompatibility with other services.
7. The preceding limitations of liability apply to the employees, representatives and contractors of Ravensburger Digital. Ravensburger Digital rejects all liability because of technical or other failure.
8. Ravensburger Digital is not liable for content and behavior arising from users.
14. No Liability for Links
1. Ravensburger Digital distances itself emphatically from the content of all websites directly or indirectly linked from the offering from Ravensburger Digital GmbH. Ravensburger Digital GmbH accepts no liability for the websites or their content. The providers of those sites are responsible for their content.2. As a service provider, Ravensburger Digital is, according to § 7 Section 1 of the German Broadcast Media Act ("TMG") only responsible for its own content on the application or service as defined by the TMG. As a service provider, Ravensburger Digital is not, according to §§ 8-10 TMG, obligated to monitor information saved on the service or to research its legality. The obligation to delete or block access to such information according to the general laws of the land remains unaffected.
15. Final Provisions
1. Any change or addition or nullification of this agreement must be made in written form. This applies to changing the requirement that such changes be made in written form as well.2. Munich is the applicable court of law for all legal matters. This also applies to users who take up residency outside of the Federal Republic of Germany after conclusion of the contract or users with no fixed or known residence.
3. The laws of the Federal Republic of Germany govern the T & C and any and all contracts based on it. The use of UN consumer law for the purchase of moveable goods as well as the conflict rule of German international private law is not permitted. For users who enter the contract for non-professional or non-commercial reasons (consumers) this choice of law is valid only insofar as it does not conflict with the laws of the country in which the user resides.
4. All statements in reference to these T & C must be submitted in German or English.
Munich, 13.10.2011
#strong#Ravensburger Digital GmbH#endstrong#
Kaflerstraße 8, 81241 Munich
Germany
Fax: +49 (89) 1 22 28 18-49
Managing Director: Thomas Bleyer
Commercial Register Munich, HRB 180674




