General terms and conditions of business and use

of the
4Players GmbH
Deelbögenkamp 4c
22297 Hamburg


- AG Hamburg, HRB 97615 -
USt.-ID: DE209487909
Management: Phillip Schuster, Christian Müller, Rainer Rosenbusch

(hereinafter "4Players")

Telephone: +49 (40) 607742610
Telefax: +49 (911) 28724625
E-Mail: info@4players.de

Stand 25.05.2018

Attention: Important note:
The following General Terms and Conditions contain important information on the user's consent to the collection, processing and use of his business-related data (Section 11.).

1. scope
1.1 4Players provides all services, offers, content and products (generally: services), both free of charge and against payment, on the basis of these General Terms and Conditions (GTC), which may be supplemented or modified in individual cases by product-specific GTCs and product-specific service descriptions from 4Players. Unless otherwise stated in 4Players' product-specific service descriptions and supplementary general terms and conditions, the following provisions shall apply:
1.2 These provisions govern the use of the services offered by 4Players. In addition, these terms and conditions are binding for the sale and procurement of goods and services via the 4Players website.
1.3 Registration (username, password) is required to use certain services (e.g. forums, chat, My4Players system, game server hosting service). 4Players reserves the right to reject a registration request without giving reasons. A contract with 4Players shall only be concluded when 4Players enables the user to participate in the respective service requiring registration. This agreement shall be concluded for an indefinite period of time and may be terminated by the user at any time without notice, unless otherwise specified in the special terms and conditions of use of a service. The use on behalf of third parties or for third parties and multiple registration of individuals are expressly prohibited.
1.4 The use of the services requiring registration can only take place if the user is over 18 years of age or has the consent of his/her legal representative.
1.5 The user's deviating general terms and conditions shall not apply.

2. Services and contents of 4Players (hereinafter referred to as "services")
2.1 4Players is a game portal that offers games from all areas for download. 4Players provides information, scene trends and news about games for download. In order to be up to date at all times, users can also subscribe to a weekly newsletter.
2.2 After registering with 4Players, the user has access to discussion forums, chat rooms and comment pages through which the user can actively participate.
2.3 4Players offers a collection of links to sales platforms of third companies on the Internet. If services of the respective companies are used, the terms and conditions of the respective companies apply. 4Players merely arranges contact with a third-party sales platform without acting as a seller itself.
2.4 4Players organizes competitions in which users can participate. No responsibility is taken for the prize draw; employees of 4Players and their relatives are excluded from participation. A cash payment for non-cash prizes is not possible. It is expressly stated that the use of 4Players services or those of its partners in no way affects the chances of winning.
2.5 Furthermore, 4Players offers a hosting program which provides the webmaster of a game and/or community website with the necessary know-how, above-average marketing potential and the necessary infrastructure to improve the presentation and marketing of his website (special terms of use under section 4).
2.6 Furthermore, 4Players offers an e-mail system (see section 5 for special terms of use).
2.7 4Players provides an online payment system. The special terms of use set out in section 6.
2.8 Orders placed in the 4Players web shop are also subject to the special terms of use set out in section 7.
2.9 Furthermore, 4Players offers a "4Players playground" for which the special terms of use set out in section 8 apply.

3. User obligations
3.1 The user undertakes to use the services of 4Players.
3.2 in a lawful manner. If the user defaults on payment, 4Players shall be entitled to suspend the service in question. The block shall be lifted immediately after the amount in arrears has been credited to 4Players. The suspension shall not release the user from his obligation to pay. The user warrants that the information provided in connection with registration (in particular address and date of birth) is correct and complete. 4Players reserves the right to assert claims for damages in the event of a breach of this provision. The user reserves the right to prove that the damages are less than the amount claimed. The user shall inform 4Players immediately of any changes to the required data. Should the user fail to comply with this obligation, he shall be liable for any and all disadvantages arising for him or 4Players and its partners. This shall also expressly apply to My4Players System, in particular to the information to be provided in the context of direct debit authorisations (direct debit, credit card collection).
3.4 The user shall be obliged to keep the user name and password in a safe place and to protect them from access by third parties. If he does not fulfil this obligation, the user is responsible for all actions resulting from the improper use of his password by third parties.
3.5 He assures that he will not disseminate any content relevant under criminal law in the course of use (in particular discussion forums, chat, comments) and that he will not violate other rights of third parties (in particular industrial property rights, competition law and general personal rights). In particular, the distribution of content that is harmful to young people, child pornography, extremist and racist content is prohibited. 4Players reserves the right to remove content from the chat rooms at any time if such content is contrary to common law, offensive or hostile, offends common decency in general public communication or makes it difficult for users to communicate in a regulated manner with each other.
3.6 If 4Players becomes aware of any unauthorized action on the part of the user or if 4Players becomes aware of any alleged unauthorized action by third parties, 4Players shall pass on personal data to the law enforcement and regulatory authorities in accordance with the legal provisions. Should legal regulations require 4Players to verify the legality of the transmission or the action complained of, 4Players shall comply with such requirements.
3.7 The user shall transfer all exploitation rights to any content that the user enters into the 4Players website in any manner whatsoever (e.g. forums, chat) to 4Players and shall therefore guarantee that he owns the sole copyright to such content. The user shall indemnify 4Players on first demand against all claims made against 4Players as a result of any infringement by the user in this respect. 4Players reserves the right to exclude the responsible user irrevocably and without further notice from the 4Players services in the event of any infringement, system malfunction, use of a different type or use prohibited by these terms and conditions. In addition, 4Players shall be entitled to remove contributions from users without giving reasons.
3.9 The user shall indemnify 4Players against all claims made against 4Players as a result of any action by the user or third parties attributable to the user./span>

4.1 4Players offers gameserver hosting services. 4Players provides the user with game servers on the Internet. The user pays a fee for the provision of hosting services. This is independent of the use of the service. The prices applicable shall be the current prices at the time of the order, which can be viewed at http://gameserver.4players.de. 4Players reserves the right to expand, change or improve the services provided. In particular, 4Players shall be entitled at any time to improve or change the selection or the respective version of the games, modifications or additional tools (AdminTools) or the operating system on which the service is based in line with technical progress. The scope of the games provided shall be limited by the availability of any advance services (e.g. licenses from the game manufacturers). Therefore, the user has no claim to the provision of specific games or versions of games, modifications, additional tools or operating systems.
4.3 The user has access to his own FTP area, which may be used exclusively for the administration of the virtual server. It is not permitted to use the FTP area to exchange files with third parties, to back up data or for any other use that is not directly related to the administration of the virtual server. 4Players reserves the right to stop any misuse immediately, delete data on the FTP area at its own discretion and report any misuse. 4Players shall provide a separate logfile FTP area for the user to download logfiles, but shall not guarantee the completeness or accuracy of the content of logfiles created by the virtual servers at any time. 4Players shall not be held responsible for any misuse of a rented virtual server by third parties, nor for any resulting damage or consequential damage. This applies in particular to the "takeover" or hacking of the voice communication servers or disruptive, abusive or illegal actions while playing on the game servers.
4.5 4Players guarantees an annual average availability of the virtual servers of 98%. This does not include times when the server is not available due to technical or other problems that are beyond 4Players' control (force majeure, third party fault, etc.). If the security of the network operation or the maintenance of network integrity is at risk, access to the services may be temporarily restricted. If the user integrates or attempts to integrate his own data into the server operation via the FTP area provided, no availability is guaranteed. 4Players does not guarantee the function or operability of functions, program parts, modifications or other data integrated by the user himself.
4.6 4Players shall have the right to temporarily disable the virtual dedicated server service for maintenance and organisational purposes. 4Players will give 48 hours' notice. This shall not apply to shutdowns which are necessary at short notice for urgent reasons or shutdowns in connection with updates and patches, in particular of games, modifications or other software used by 4Players. 4Players draws the user's attention to the fact that the regular maintenance of the service (daily between 4.00 a.m. and 10.00 a.m.) and the resulting need to restart the servers may lead to temporary interruptions in game operation.
4.7 The contract for the game server hosting service shall be concluded for an agreed minimum period of time. It is automatically extended by the agreed subsequent term, unless it is not terminated within the contractually agreed period. The notice has to be made in writing (not in electronic form) by post or by fax to the respective valid address in the imprint. The notice periods applicable to the user shall be set by the user via the My4Players system at https://login.4players.de/4players.php/subscriptions can be viewed at any time.

5 Special terms of use for the 4Players e-mail system
5.1 4Players shall not be liable for any damage caused by sending e-mails via the 4Players e-mail service. In particular, 4Players shall not be liable for damage caused by viruses in e-mails or attachments. 4Players shall not be liable for any illegal content distributed via 4Players' email service or 4Players' mail servers.
5.2 4Players does not guarantee the constant availability of the email service or the correct sending of emails. Please also refer to section 9.1.
5.3 4Players points out that it is not possible to completely exclude the possibility that e-mails sent and received via the 4Players Internet service may be intercepted and/or recorded by third parties. 4Players shall not be liable for any damage caused by unauthorized listening and/or recording of e-mails, except in the case of intent or gross negligence.
5.4 4Players' e-mail service is a transport system for electronic messages and, like traditional mail delivery services, is subject to the obligation to maintain and protect the secrecy of correspondence as established by law. 4Players shall only check the content of electronic mail on the basis of the applicable laws.
5.5 4Players shall be entitled to assist law enforcement and regulatory authorities in their investigations in the event of suspected violations of criminal or public law regulations. Should legal regulations require 4Players to verify the legality of the transmission or the action complained of, 4Players shall comply.
5.6 4Players shall be entitled to exclude the user from the e-mail service after the first illegal use of the e-mail service.
5.6.7 E-mails deleted by the user or due to technical errors or force majeure cannot be restored by 4Players.
5.8 4Players shall be entitled to attach an advertising message from a partner to each e-mail.
5.9 A mail account that has not been used by the user for 180 days shall be automatically deleted after this period has elapsed. Entries that were still in the mail account at that time are thus irrevocably lost. The user may then have to set up a new mailbox.

6 Special terms of use for the My4Players system
6.1 4Players offers the user an online payment system - hereinafter referred to as the My4Players system or My4Players. My4Players allows users to pay for services offered via the 4Players portal and for goods or services ordered from the 4Players online shop. Payment shall be made by bank transfer or direct debit for a current account (direct debit) or credit card. For the use of My4Players, we expressly refer to sections 1. to 3. and 9. to 12. of these GTC. In addition, the special terms of use set out below shall apply.
6.2 The user's contractual partner for all paid services and goods purchased via 4Players shall be 4Players GmbH.
6.3 As the terms of use of the individual services available via 4Players vary, the user shall be informed of these separately at the beginning of the payment process for each service.
6.4 By registering with My4Players System, the user shall be given an online account where he can manage or view the services he has used.
6.5 During the payment process, the user shall indicate which of the aforementioned payment methods (section 6.1.) he wishes to use. In the event of payment by direct debit or credit card, the user must provide the system with his bank account or credit card details. Please refer to section 11. regarding all data collected during the registration and payment process.
6.6 4Players shall not be liable for any disadvantages incurred by the user as a result of incorrect information provided during registration or payment processing, or the loss of user data. Should the collection of the claim fail for reasons within the user's sphere, 4Players shall be entitled to charge a fee of EUR 8 plus VAT at the statutory rate for the additional costs incurred, in particular the return debit charges. In the event that the user initiates a return debit note at his bank while simultaneously asserting the claim against 4Players itself, 4Players shall be entitled to charge a fee of EUR 16,- plus VAT at the statutory rate for any damage caused by double assertion of the claim. The user shall have the right to prove to 4Players that no damage or less damage has been caused. The provisions set out in this clause shall apply accordingly to payments made by credit card direct debit.
6.7 Should false information be provided in the course of using 4Payment, this shall result in the immediate blocking of access to 4Payment. In addition, 4Players reserves the right to file a criminal complaint.
6.8 In the event of misuse of 4Payment, the user shall compensate 4Players for any resulting damage and shall also indemnify 4Players against any disadvantages that may arise from his/her damaging actions. The liability of the user shall be limited to those cases for which the user is responsible.
6.9 The user shall have a right of withdrawal in accordance with section 10.

7 Special terms of use for 4Players web shops
7.1 Scope of application
4Players shall carry out all customer orders on the basis of the following special terms of use for the 4Players web shop. For the use of the 4Players web shop, customers are also expressly referred to clauses 1. to 3. and 9. to 12. of these terms and conditions.
7.2 Conclusion of contract
7.2.1 All information and prices provided by 4Players GmbH are non-binding and offers are subject to change without notice. The purchase contract for the item(s) shall be concluded as soon as 4Players confirms delivery of the goods by e-mail. Confirmation of the receipt of the order shall not be deemed to constitute the conclusion of a contract.
7.2.2 The user undertakes to check the confirmation of the receipt of the order immediately for errors and to report any errors by e-mail.
7.2.3 4Players cannot guarantee the constant availability of the items ordered. Should a supplier of 4Players fail to deliver, 4Players shall not be able to confirm the delivery of the goods, which is why no contract shall be concluded pursuant to 7.2.1. In this case, the user shall be informed immediately that the item ordered cannot be delivered.
7.3 Delivery
The goods shall be delivered to the user at the address provided by the user or made available for digital download by the user, depending on the order. In the latter case, the user will receive a license key by e-mail to the e-mail address provided by the user. The user will use this key to access the product ordered by him. The game download is possible with the maximum speed of the user's internet connection (not included).
7.4 Terms of payment
4Players can only accept the payment methods offered in the order. The purchase price is due immediately upon delivery. 4Players points out that the user shall be in default at the latest if he does not pay within 30 days of the due date and receipt of the invoice. 4Players shall be entitled to withdraw from the purchase agreement if the user is in default of payment. In the event of default of payment, 4Players reserves the right to charge reminder fees. 4Players shall also reserve the right to deliver the ordered goods only against cash on delivery, depending on the user's ability to pay. The special terms of use for the My4Players system (GTC item 6.)
7.5 Retention of title
The delivered goods shall remain the property of 4Players until full payment has been received. 4Players.
7.6 Warranty
The user's claims for defects in the goods shall be governed by the statutory provisions.
7.7 Right of revocation
The user has a right of revocation in accordance with section 10..

8 Special terms of use for 4Players Spielewiese
8.1 Scope
4Players offers with the "4Players Spielewiese" both single and multiplayer games and MMOGs. 4Players shall carry out all customer orders in this regard on the basis of the following special terms of use. For usage, please also refer explicitly to clauses 1. to 3. and 9. to 12. of these GTC.
8.2 Registration requirements
Multiplayer games and MMOGs require registration. The user must provide all data required for registration, including a valid e-mail address. The e-mail address provided by the user shall be the billing address. The user agrees to receive all e-mails sent by 4Players for the purpose of membership. 4Players shall notify the user by email of acceptance of the membership agreement. This email shall also contain the user's login details.
8.3 Premium accounts / items / subscriptions
Some MMOGs are free of charge, while others are subject to a fee. In free MMOGs, the user is offered so-called premium accounts or items for money.
8.3.1 Premium accounts offer no game-related advantages, but rather additional features that are intended to increase the fun of playing. These can include, for example, the display of pictures of the players and the possibility to upload a club logo. Premium accounts are concluded for a fixed period of time and are not automatically renewed. Their duration and remuneration can vary from MMOG to MMOG. The user will be informed of this when signing up for a premium account.
8.3.2 The user is offered items in some MMOGs. The user can either buy a package with game currency and use it in the game to purchase items, or buy them directly without buying a game currency first.
8.3.3.3 MMOGs with costs can be played by taking out a subscription. Their minimum duration and compensation may vary from MMOG to MMOG. This will be communicated to the user when the subscription is taken out. The term of a subscription shall be automatically extended by the minimum term again and again after the minimum term has expired if the subscription is not cancelled by the User or by 4Players four (4) weeks before the end of the relevant billing period.
8.4 Conclusion of a contract for MMOGs
8.4.1 The offer to conclude a contract for the use of MMOGs, as described in section 8.3, is made by the user by selecting the desired type of contract. The price of the desired type of contract will be displayed to the User online before retrieval. The user agreement shall be concluded as soon as 4Players confirms the user's application by email.
8.4.2 All information and prices provided by 4Players are non-binding and subject to change.
8.4.3 The user undertakes to immediately check the confirmation of receipt of the order for errors and, if necessary, to report them by e-mail.
8.4.4.4 4Players cannot guarantee the constant availability of the games offered. In this case, the user will be informed immediately that the item ordered cannot be delivered.
8.5 Terms of payment
8.5.1. The remuneration to be paid by the user for the subscription is set out in the user contract. For the retrieval of items or features that are not included in the subscription, separate remuneration shall be paid in accordance with the price list of the Provider applicable at the time of retrieval. The price of the respective items or features shall be displayed to the user online prior to retrieval.
8.5.2. 4Players can only accept the payment methods offered within the scope of the order. Payment can be made by instant bank transfer, credit card or direct debit. The user must first register for this. In addition, 4Players offers the user the option of paying by telephone billing or Paypal, for which registration is not required.
8.6 Default
The subscription fee shall be due immediately upon conclusion of the contract. 4Players points out that the user shall be in default at the latest if he does not pay within 30 days of the due date. 4Players shall be entitled to withdraw from the user agreement if the user is in default of payment. 4Players reserves the right to charge reminder fees in the event of late payment.
8.6 Right of withdrawal
The user shall have a right of withdrawal in accordance with section 10. zu.

9 Liability
9.1 4Players does not guarantee the availability of its services at all times. 4Players shall only be liable for damages, regardless of the legal basis, but in particular for damages resulting from the unavailability of its services, in the event of gross negligence or intent. In the event of slight negligence, liability shall be limited to the breach of material contractual obligations (cardinal obligation) and typical damage that was foreseeable at the time the contract was concluded. 4Players shall not be liable for illegal content and messages, in particular content and messages that affect the rights of third parties, posted by users via discussion forums, chat, etc., and that are illegal or infringe the rights of third parties. 4Players shall only be responsible for content and messages posted on the 4Players website by users via discussion forums, chat etc. if 4Players is aware of the content and it is technically and economically possible for 4Players to block this content from further access.
9.3 4Players shall not be liable for the accuracy, legality, completeness and value of the content of third-party websites. In addition, 4Players does not guarantee the accuracy and completeness of information and data provided by third parties on the 4Players website.
9.4 4Players does not accept any liability or give any guarantee for the third-party software used. 4Players expressly points out to the user that the software used is produced by third parties and that 4Players therefore has no influence on the functionality of the software. 4Players shall therefore not be obliged to point out or prevent any errors, problems or anomalies, in particular instabilities or those which influence the course of play and use of the third-party software. This applies in particular to the server software of the games offered, modifications and voice communication software.
9.5 4Players shall not be responsible for third-party content to which it merely provides access for use (§ 8 Telemedia Act). However, 4Players points out that it may be obliged to block the use of illegal content within the meaning of the German Telemedia Act and that 4Players shall make use of this obligation in accordance with these provisions.

10 Cancellation policy
Right of withdrawal
You can cancel your contract declaration within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - also by returning the goods. The period begins after receipt of this instruction in text form. In the case of contracts for the delivery of goods, however, the period does not begin before the recipient receives the goods, in the case of contracts for the provision of services, however, not before the conclusion of the contract. In both cases, the period also does not begin before the fulfillment of our information obligations according to article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB as well as our obligations according to § 312g para. 1 sentence 1 BGB in conjunction with article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the time limit. The revocation must be sent to: 4players GmbH, Deelbögenkamp 4c, 22297 Hamburg, Germany, by fax: +49 (911) 28724625 or by e-mail to: payment@4players.de. Please use the following address to return the goods: 4players GmbH, Deelbögenkamp 4c, 22297 Hamburg.
Consequences of cancellation
In the event of an effective cancellation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender the received services and benefits (e.g. advantages of use) or only partially or in a deteriorated condition, you must compensate us for lost value. This can lead to the fact that you must nevertheless fulfil the contractual payment obligations for the period until the revocation. For the deterioration of the goods and for any use you may have made of them, you must pay compensation only if the use or deterioration is due to handling of the goods that goes beyond the examination of their properties and functionality. By "examination of the characteristics and the function mode" one understands testing and trying out the respective commodity, as it is possible and usual for instance in the Ladengeschäft. Items that can be shipped as a parcel are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of € 40,- or, in case of a higher price of the goods, if you have not yet rendered the return service or a contractually agreed partial payment at the time of the revocation. Otherwise the return shipment is free of charge for you. Goods that cannot be sent by parcel post will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation declaration or the goods, for us with their receipt.
Special note
In the case of distance contracts for the provision of a service, your right of revocation expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of revocation.
- End of the revocation instruction -
The aforementioned right of revocation does not apply if the legal transaction can be attributed to your commercial or professional activity and/or you have concluded the contract in a retail store.

11 Data protection
For information on data protection, please refer to our data protection declaration.
4Players GmbH
The data protection officer
Deelbögenkamp 4c
22297 Hamburg
datenschutz@4players.de


12 Final provisions
12.1 4Players reserves the right to change or amend these terms of use in the future. The user undertakes to check these terms and conditions at regular intervals for changes or additions. With each use of the service, the user agrees to be bound by the currently valid version of the terms and conditions.
12.2 This agreement is subject to the exclusive laws of the Federal Republic of Germany. The validity of the uniform international sales law (CISG) is excluded.
12.3 The courts in Hamburg shall have exclusive jurisdiction for any disputes arising from or in connection with the use of the 4Players services described above or from these GTCs, provided the user is a merchant or has no fixed abode in Germany, has moved his residence or usual place of abode abroad after this condition has come into effect or his residence or usual place of abode is unknown at the time the action is brought.
12.4 Should one or more provisions of this agreement be or become invalid, the validity of the remaining provisions shall not be affected.
12.5 4Players shall make every effort to protect its users and third parties from any infringement of rights or illegal content on the Internet. Users who discover any violations of these terms and conditions are therefore requested to contact 4Players.