GTC and Customer Information, Right of Revocation

1. The general terms and conditions govern the relationship between upjers GmbH, Hafenstraße 13, 96052 Bamberg, Germany (provider) and the users of their electronic entertainment offers (services).

2. If the user is granted access to certain services via Internet pages of the Operator, then these General Terms of Use shall apply exclusively. Downloadable applications, so-called apps, are generally made available via third-party sales platforms. If an application is obtained by the user via the sales platform of a third party, the General Terms and Conditions of Business of the respective sales platform shall have priority. In the event of contradictions, the General Terms and Conditions of the sales platform shall then take precedence over the General Terms and Conditions of Use of the operator.

3. Contractual conditions of the user shall not become part of the contract. The principle of the priority of the individual agreement remains unaffected.

4. By signing up on the game portal or the respective services (i.e. upon sending an application for access authorization (opening an account)) and by logging onto the platform of the respective service, the user agrees to these general terms and conditions. When signing up, the user is asked to agree to the terms of use. For downloadable applications, the user agrees to the General Terms of Use by downloading and launching the respective application.

5. These terms of use are valid for any use of the services, including any future contracts, offers, goods and services of or by the provider.

6. The terms of use will be published on the gaming portal as well as as in the scope of the respective games or services. These terms of use can be saved to random access memory or to a permanent data medium and can be printed. On request by the user, the terms of use may also be mailed to them.

7. In addition and complementary to these terms of use, the game rules and game manuals that are specified in the scope of the respective services are also valid. In the event of any inconsistency, these General Terms of Use shall take precedence over the Game Rules/Game Instructions.

8. The services are solely aimed at users according to § 13 of the German Civil Code. Commercial use of these services is prohibited.

9. The use of these services is authorized for all persons who at the time of registration are 18 years old or older. Minors are only authorized to use these services with the permission of their parents or legal guardian(s). Minors under the age of 16 are not permitted to use the services. By registering, the user expressly affirms that he or she is of legal age and capacity or - in the case of persons with limited legal capacity - that the consent of the legal representative is available.

10. The contractual relationship begins with the registration of the user on the game portal or a specific service provided by the provider and of the acceptance of this registration by the provider by way of granting authorized access (an account). It ends with the termination of the contract by the user, be it through deletion of the account in question or through blocking or deletion of the account by the provider as well as by abrogation by the provider.

11. Contracts between the operator and the User shall only be concluded upon acceptance of the User's application by the operator. The acceptance can be explicit or implied by the first fulfillment act of the operator.

1. The provider enables the user to use the provider's services in the current version at the time of the conclusion on the contact by making these available on the internet.

2. Users shall ensure and maintain the technical requirements for participation in the services themselves. The operator's notes on the technical requirements of the services must be observed.

3. The user has no right to participate in the services of the operator. In particular, the operator reserves the right to refuse or limit registration for one or more services without justification.

4. The user is to be informed that a constant, uninterrupted and complete availability of the service via the internet is not possible. The access to the services especially during periods, in which the servers are unavailable due to technical or other problems that are beyond the reach of the provider (force majeure, influence of third persons, and others), as well as times in which game updates or standard maintenance activities are carried out, can be limited. The providers may limit access to their services if the security of network operations, the maintenance of network integrity, as well as especially avoiding serious network failures, failures of software or saved data should require this. The operator will inform the user about any disruptions and their duration as soon as possible.

5. The services are subject to ongoing development, adaptation and change. The provider therefore is free to change the content and appearance as well as to change or modify technical and other parameters at all times.

6. The provider reserves the right to cease operation of these services at any time without justification. In this case, the user has the right (based on § 3 abstract 5a) to demand that fees that he/she has already paid in advance (e.g. for premium currency) either be credited to another service offered by the provider or that the provider offer restitution for services already paid for. Legal claims of the user remain unaffected.

7. Hints, tips and pieces of advice about the game communicated by the provider as well as employees or agents of the provider are non-binding. The user does not have the right to compensation for any disadvantages that may be caused by these pieces of information.

8. Unless mentioned differently in the description of the services, the services offered by the provider are free of charge. The contents of § 3 remain unaffected of this.

1. The user has the option to purchase so-called premium currencies (coins, diamonds, coal, chips of paint, gems, crowns, etc.) in exchange for real money in the scope of the services. There is no obligation to purchase premium currencies. A purchase of premium currency is always a one time payment. A continuing obligation is not established.

2. In the browser games, the premium currency is offered directly by the operator on the basis of these General Terms of Use. In the context of applications offered via third-party distribution platforms, the premium currency is generally distributed by the respective operator of the distribution platform in its own name or on behalf of the operator. The General Terms and Conditions of the respective distribution platform shall take precedence. In the event of any contradictions, the General Terms and Conditions of the distribution platform shall take precedence over the General Terms and Conditions of Use of the operator.

3. The purchase price of the premium currency will be announced as part of the respective service.

4. The purchase of premium currency requires the conclusion of an additional contract - independent of the service usage contract. This takes place within the framework of a separate and clearly marked order process. The order process concludes with the "Buy" button. By pressing this button, the user makes a legally binding declaration of intent, which obligates him to pay the respective fee upon conclusion of the contract.

5. After completing the order process, the user will receive a confirmation of the purchase of the premium currency in his account mailbox.

6. The fees for the purchase of premium currency are due immediately upon the conclusion of the contract, i.e. upon the confirmation of the purchase of the premium currency. The Operator offers various payment methods. The User has no right to demand that the Operator offers or maintains certain payment methods.

7. Purchased premium currency is credited to the user account immediately after receipt of payment. The time of receipt of payment depends on the selected payment method or the selected payment service provider and may vary.

8. The premium currency is only valid for the service for which it was purchased and is generally non-transferable. The validity of the premium currency is limited to 12 months from the date of purchase.

9. By means of premium currency, the User has the opportunity to book individual additional services within the scope of a service as opposed to a normal account. The use of premium currency in a certain service or the booking of certain additional services is not an independent contract, but merely the unilateral right of the User to determine the service within the framework of the contract mentioned under § 3 paragraph 4. The exact description of the booked additional services and the number of premium currency to be used for them shall be provided separately within the scope of the respective service and shall vary depending on the service.

10. For the additional services, the respective service descriptions of the services shall apply as special conditions in addition to these Terms of Use.

11. The operator reserves the right to change the type, scope and content of the additional services.
    In particular, the operator reserves the right, in the course of further development and adaptation of the services, to change individual additional services, to no longer offer them and/or to integrate them into the services free of charge.

12. The additional services can consist of one-time services or be limited in time. Time-limited additional services cease to apply after the expiry of the booked time and can then be booked again if they are still offered by the operator.

13. A compensation or refund for premium currencies that have been purchased and already used for services is not possible as a rule. This does not apply should the Agreement for Additional Services have effectively been repealed according to § 4, if paid services have been provided by the operator in a defective manner and subsequent performance fails. Is also does not apply if the provider has changed or ceased the operation of these services, or has begun offering them free of charge during the contractually agreed upon time of use.

a. Premium currency that has been purchased with real money within ten weeks before the operation of a service is ceased, can be exchanged for another service of the provider (to be chosen by the user). Alternatively, the user may request a refund of premium currency that has been purchased with real money within ten weeks before the provider ceases to offer the service in question. The user has to direct a respective desire in written form to support@upjers.com within a period of ten weeks after the purchase of premium currency.

b. Should the user already have used premium currency valid for a specific time in advance and is unable to use them due to reasons caused by the provider (e.g. ceased operation, services being offered free of charge, or due to constant unavailability of the additional services), the provider shall offer the user mainly different additional features as a replacement or return the paid amount (for instance the value of the premium currency) pro rata temporis. The user's right to extraordinarily terminate the Agreement for Additional Services due to unusable additional services according to § 8 abstract 4 remains unaffected of this. Legal claims of the user also remain unaffected.

14. The provider has the right to receive advance payment in the form of premium currencies for additional services offered.

15. In case of default, the operator is entitled to discontinue the additional services and to immediately block the affected account of the user. The obligation of the user to pay the agreed fee remains unaffected.

16. If the operator incurs chargebacks or cancellations due to conduct for which the user is responsible, the user shall bear the costs incurred by the operator as a result. In this case, the operator is entitled to collect these costs again together with the original fee.

Right of revocation:

You may revoke your contractual statement within 14 days in written form without giving reasons. The cooling-off period consists of 14 days starting at the day the contract was concluded. To exercise your right of revocation, you need to inform us

upjers GmbH
Hafenstraße 13
96052 Bamberg
Germany

Telephone: +49 (0) 951-510908
Email: agb@upjers.com

by means of an explicit statement (such as a letter sent via post, or email) regarding your decision to revoke this contract.

You may use the attached model withdrawal form to do so. Using this form is not mandatory.

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Model withdrawal form:

(To revoke your contract, please complete this form and return it to us.)

• To upjers GmbH, Hafenstraße 13, 96052 Bamberg, Germany; Email: agb@upjers.com
• I/We () hereby give notice that I/We () withdraw from my/our () contract of sale for the following goods () / for the provision of the following service (*):
• Ordered on ()/received on ()
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date

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(*) Delete as appropriate.

To observe your cooling-off period, all you need to do is send off the statement informing us of your decision to revoke the contract before the cooling-off period has ended.

Consequences of Revocation:

If you revoke this contract, we need to return all payments we received from you, including the shipping costs (excepting the additional costs that apply because you chose a type of delivery that differs from the standard, cheapest delivery we offer) immediately and within no less than fourteen days starting at the day we received the notice of your revocation. To effect the reimbursement, we will be using the same payment method you used for the initial transaction, unless explicitly otherwise agreed upon; you will under no circumstances be charged for this reimbursement.

End of instructions on the right of revocation

Special note: Premature expiration of right of revocation

The right of withdrawal expires prematurely in the case of a contract that obliges the User to pay a price, if the Operator has started the execution of the contract after the User has expressly agreed that the Operator starts the execution of the contract before the expiry of the withdrawal period and the User has confirmed his knowledge that he loses his right of withdrawal by his agreement with the start of the execution of the contract and the Operator has provided the User with a confirmation of the contract according to § 312 f BGB.

1. The statutory warranty provisions shall apply to services provided by the operator against payment.

2. To his/her own protection and to be able to offer proof, the user is advised to send all claims to the provider in written or via email.

3. Errors outside of the provider's control (force majeure a.o.) or errors caused by the user, or by changes not carried out by the provider or changes that cannot be attributed to the provider or other forms of manipulation, can never be subject to claims for defects.

4. Guarantees according to the law are not being given by the provider, unless otherwise explicitly agreed upon in written.

1. Insofar as services are provided for free, the provider is never held accountable for any kind of damage, unless that damage is caused by gross negligence or inflicted deliberately.

2. If the provider asks payment for services, he shall be liable without limit for intentional and grossly negligent acts.

3. In case of slight negligence, the provider will only be made liable in case of essential contractual obligations. Essential contractual obligations or cardinal obligations in line with the established case law of the Court of Justice are those obligations whose fulfillment is a prerequisite for enabling the proper fulfillment of the contract in the first place and on whose fulfillment the user may rely. The liability to pay damages is limited to the typically occurring and foreseeable contractual damage.

4. The aforementioned exclusions of accountability are not valid in the case of threats to life or health. They are also not valid if this damage was caused by a violation of the contract in the first place. This does not refer to the provider's accountability according to the Product Liability Act as well as where §44 a of the German telecommunications customer protection act (TKG) is applied.

5. The aforementioned exclusions and restrictions of accountability are also valid with regard to the accountability of employees, co-workers and other personnel of the provider, especially if it is in favor of the shareholders, co-workers, representatives, and other bodies and their employees with regard to their personal accountability.

6. The provider explicitly distances themselves from the content of all pages that are either directly or indirectly linked to the service offered by the provider ("links"). The provider cannot be held accountable for the content and sites. The providers of the sites in question are responsible for their content. The provider has no explicit control of third-party websites. It is not known to the provider that any such websites violate any applicable laws. If this should be the case and is reported to the provider, the link to the site in question will of course be removed by the provider immediately.

7. A change of the burden of proof to the disadvantage of the user is not associated with the above provisions.

1. The user obligates him- or herself to keep access data for the service or services undisclosed. He may not pass this information on to a third party.

2. The user obligates him- or herself to use only one account per service. The simultaneous usage of multiple accounts with one service (so-called multi-using) is not permitted.

3. The User will not purchase premium currency outside the services from third parties for real money or offer Premium Currency for purchase or exchange.

4. The use of external scripts or programs to automate participation in the services (so-called bots) by the User is not permitted.

5. The user obligates him- or herself not to use bugs or other programming errors to his/her advantage. Any advantages that may have occurred from this are to be reversed or repaid and may be revoked by the provider. The user has to keep actual or supposed bugs or irregularities a secret and to report them to the provider without delay.

6. The user obligates him- or herself not to post or distribute any pictures, links, names or words that are in any way commercial, political, insulting, sexist, pornographic or otherwise morally questionable or objectionable in the frame of the services. The user also obligates himself not to use any copyrighted terms, names or images. In case of doubt, the user has to remove these contents as soon as possible if called upon to do so by the provider. The provider has the right to remove the offending content manually.

7. The user has to obey any decree or ordinance from the part of the provider and their employees. This rule is also valid for decrees issued by administrators or moderators of the official forum that is linked to the game in question.

8. A deliberate violation of these duties gives the provider the right to exclude the user from the service in question and to block or delete the user's account or accounts. Compensation for Premium currencies already credited to one or several accounts at the time of their closure or deletion will not be issued. Compensation for services booked and paid for by one or several accounts at the time of their closure or deletion will not be issued.

9. Furthermore, the user shall indemnify the Operator against all claims asserted by third parties on account of an infringement of their rights by the conduct or the posted content or data of the user. The claim for indemnification also includes the reasonable costs of legal defense.

1. The user has the right to terminate his/her participation on one or more services without giving reasons or having to adhere to a deadline.

2. The provider has the right to terminate single, several or all services at all times without having to adhere to deadlines, if the services are to be terminated.

3. If the user has booked additional services via premium currencies for a specific running time in advance, the right to an extraordinary termination of contract shall be excluded for this period of time.

4. The right of both parties to terminate the Service Usage Agreement for good cause and the Agreement for Additional Services respectively (extraordinary termination of contract) at any time shall remain unaffected.

5. Should the provider be responsible for the extraordinary termination of the Service Usage Agreement and the Agreement for Additional Services respectively, payments that the user has made in advance for a period of time which exceeds the time of termination and a compensation for lost value for the used premium currency (especially for additional services) respectively shall be returned to him/her on a pro-rata basis. The user does not have the right to any additional claims, unless stated otherwise in these General Terms of Contract.

6. The provider has the right to terminate an account because of important reasons (though not exclusively because of such reasons), if

   • the user is lagging in payment for extra services, the amount of money that is due exceeds 5 Euros, and the user has been given notice at least twice
   • the user deliberately violates the rules of the service and does not end this behavior when called upon to do so. An admonishment is not necessary if it is deemed unreasonable for the provider to retain the contract, for instance in the case of unusually heavy infractions (multiple accounts per player, criminal offences, etc.)
   • the user has not used his/her account in spite of admonishments for at least four weeks.

7. If the service platform does not provide the possibility of abrogation, each abrogation must occur in form of a text (email), stating the reasons for abrogation. Extraordinary cancellations must be made given reasons at all times.

8. Because of technical reasons, complete deletion of user data and accounts is effective only after a delay of a couple of days.

9. In case of a justifiable abrogation by the provider for significant reasons, the user has no right to a refund for the services that are affected by the abrogation.

Additional agreements to these terms of use as well as modifications, supplements and revocations must be submitted in written form in order to be valid. This is also valid for the change of the claim to the conservation and usage of the written form. This does not affect the validity of any individual or express covenants.

1. The operator grants the User the non-exclusive and non-sublicensable right to use the respective service as intended for the term of the service usage agreement.

2. The user may not sell, give away, lend or sublet the user account.

3. The user may only reproduce the service to the extent permitted by its intended use. Necessary duplication includes loading the service or its components into the working memory, but not even temporary installation or storage of the service on data carriers of the hardware used by the user.

4. The user is prohibited from removing or circumventing any existing protection mechanism against unauthorized use, unless this is necessary to achieve trouble-free program use.

5. The intellectual property and other proprietary rights in the game remain with the operator and its licensors. The user expressly acknowledges the intellectual property and related rights of the operator and its licensors to software, content, backup copies and documentation.

6. If content can be created and uploaded by the user in or in direct connection with the service (so-called "user-generated content"), e.g. uploading of images, sharing of content, integration of links, selection of player names, creation of forum posts, etc., then these may not be advertising, politically extreme, racist, offensive, sexist, pornographic or otherwise morally reprehensible or objectionable. In addition, the end user will not use any legally protected marks, names or images without the consent of the rights holders.

7. Rights to user generated content remain with the respective user. The operator does not adopt such content as its own. Nevertheless, the operator reserves the right to check such content before publication and reject it if necessary. By posting, the user grants the operator only a simple, free and temporally and geographically unrestricted right to use the content, in particular the right to reproduce and make it publicly available within the framework of the services.

If one or several of the agreements here are objectionable or invalid, the rest of the agreements are unaffected by this.

1. These Terms of Use and all contracts concluded on the basis of these Terms of Use shall be governed by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of law rules of German private international law are excluded. Mandatory consumer protection provisions applicable at the user's place of residence or habitual abode shall remain unaffected by the choice of law.

2. If the user moves their residence or habitual abode outside the Federal Republic of Germany after conclusion of the contract, the operator's registered office shall be the place of jurisdiction. This shall also apply if the domicile or habitual residence of the consumer is not known at the time the action is commenced.

3. The EU Commission provides an online platform for extrajudicial online settlement between consumers and merchants. The platform is accessible via the following link: https://ec.europa.eu/consumers/odr. The operator is not obliged to participate in the procedure. The operator will not participate in the procedure. Questions and problems are primarily to be addressed to our customer service via the support form.

1. The operator reserves the right to change or amend these terms of use at any time with effect for the future, provided that this appears necessary (e.g. adjustments to the legal and statutory situation, expansion of the range of services of the operator, etc.) and the user is not disadvantaged thereby contrary to good faith. Changes to these Terms of Use shall be communicated to the user in a suitable manner by means of notification. The notification shall be made within the scope of the services or by sending an e-mail to the e-mail address provided by the User. In any case, the user will be informed of the change the next time they log in.

2. The user may object to the changes in the Terms of Use within one (1) month after being notified and made aware of them. The user is recommended to send the objection to the operator in written form or by e-mail for the purpose of preserving evidence.

3. If the user does not object to the amended Terms of Use towards the operator within the period of one (1) month after being informed and made aware of them or if he continues to use the Services, the amended or supplementary Terms of Use shall become effective for them. If the User objects in due time, both parties are entitled to terminate the contract with a notice period of one month, unless a right of termination at any time already exists according to § 8. Until termination of the contract, the original terms of use shall continue to apply.

4. Any service fees paid in advance over the termination period shall be refunded to the user on a pro rata basis. Further claims of the user are excluded.

5. When notifying about changes, the operator shall make special reference to the possibility of objection and termination, the deadline and the legal consequences, in particular with regard to a failure to object.

6. Users are recommended to constantly keep themselves informed about the status of the Terms of Use and the performance and usage descriptions of the Services.

upjers GmbH
CEO: Klaus Schmitt
Address: Hafenstraße 13, 96052 Bamberg, Germany

Email: agb@upjers.com (no support)
Phone: +49(0)951/5109080 (no support)
Fax: +49(0)951/510908102 (no support)

Registration court: Local Court of Bamberg
Company registration number: HRB 5558

VAT number: DE275673923