1. Subject & Area of Validity
The following general terms and conditions regulate the use of online games and other services provided by SourceLift LLC (hereinafter referred to as "SourceLift" or "Company") on the Black Hand Online website (hereinafter referred to as "BHO", "Black Hand", or "Game").
SourceLift offers online games within the context of its technical and operational capabilities, with an average annual availability of 90%. This does not include periods of time during which the use of online games and other services are interrupted or affected due to urgent technical reasons or required maintenance work. SourceLift is not liable for these instances in accordance with the conditions of this contract. This also does not include periods of time in which SourceLift's general servers do not allow online access due to reasons beyond SourceLift's control (force majeure, third party responsibility, etc.).
SourceLift continuously updates, changes, and develops its online games and other services at its own discretion. Users can therefore only participate in the respective online game in its respective form provided at any given time. SourceLift retains the right to cease operating BHO without explanation.
BHO is intended solely for the purpose of entertainment. The use of this game for business or commercial purposes is strictly prohibited.
Users are responsible for ensuring that their own software is suitable and up-to-date.
In addition to these general terms and conditions, any existing site rules for BHO shall also apply. In the case of an inconsistency between these general terms and conditions and the rules of the game, the provisions of these general terms and conditions shall take precedence when settling the instance of contradiction.
Other provisions or general terms and conditions of a user, which deviate from SourceLift's general terms and conditions, shall only apply if SourceLift gives prior written consent to their validity.
2. Conclusion of Contract
In order to use and play BHO, users must register for an accessible account.
Only natural persons are eligible for registration. Only individual persons are permitted to be authorized users (no groups, families, spouses, etc.).
Children under 18 years of age are not permitted to register as indicated on the sign-up page.
Users have no claim to a particular player name. The selected player may not infringe upon the rights of third parties and violate existing legal prohibitions or common decency. Moreover, no email or web address may be used as a character name. Users must ensure that the information provided when registering is genuine and complete.
Users must register for their accounts themselves.
After successful registration, the user creates an account which the user can manage independently. The user account cannot be transferred without the explicit consent of SourceLift.
3. General User Obligations
Login Data, Identification, Passwords
Users are required to maintain strict confidentiality regarding all login data, identification, and passwords.
The terms "login data", "identification", and "passwords" include all letter and/or character and/or number sequences used to authenticate the user and prevent unauthorized use by third parties. The password should not be identical to the player name or email and should consist of a combination of letters, numbers, and symbols.
Users are required to protect all login data, identification, and passwords from third-party access.
In the event that a user has reason to believe that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall go through the "Forgotton Password" process to replace their password with a new, different, and secured password phrase.
Users are under no circumstances entitled to use the login data of another user, unless the Site Rules or Administration allow for exceptions.
Use of SourceLift's Websites and Content
SourceLift's websites and cames include various content that is protected by trademarks, copyrights, or other means for the benefit of SourceLift or third parties. Unless explicitly permitted within these general terms and conditions, user may not edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes of BHO. Only technical copies intended for browsing purposes and permanent copies intended solely for private use shall be permitted. Copyright information and brand names may not be changed, hidden, or removed.
The term "content" includes all data, text, images, graphics, music, sounds, videos, and code provided by SourceLift.
Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of BHO. Users are also required to abstain from any measure which may allow unauthorized access to data. Content may only be called up in a manner that does not affect other users' use of BHO.
Any use of BHO for commercial purposes, especially advertising purposes, requires the express prior written consent of SourceLift.
Users are not entitled to publish content on BHO.
BHO may not be used via any anonymization service that hides the user's true IP address.
4. Specific Terms for the Use of Online Games
The user may only take part in every round, iteration, or instance of BHO using one user account, unless the respective rules of the game allow for exceptions from this. The use of several user accounts by one user is not permitted. Multiuser accounts such as these may be deleted or banned at the reasonable discretion of BHO's Administrative Team.
Users are prohibited from enacting any form of manipulative interference in BHO. In particular, users are not entitled to utilize measures, mechanisms, or software that could interfere with the function or progress of the game. Users may not take measures that may cause an unreasonable or excessive burden on technical capacity. Users are not allowed to block, rewrite, or modify content generated by the game administration or to interfere with the game in any other manner.
Under no circumstances may users:
create or use cheats, mods, and/or hacks, or any other third-party software products that may change the result of the game,
use software that allows the mining of data or otherwise intercepts or collects information in connection to the online and mobile games,
use virtual items that are being used in online or mobile games outside of BHO, purchase virtual items for "real" money, or sell or swap virtual items, or
sell, buy, or trade user accounts.
Any action which circumvents these rules but produces an effect that matches a prohibited act is similarly prohibited.
Users are also prohibited from running the online game with programs other than an internet browser. This refers in particular to "bots" or other tools meant to replace or supplement the web interface. Also prohibited are scripts and completely or partially automated programs that provide users with an advantage over other users. This includes auto-refresh functions and other integrated browser mechanisms if they concern automated procedures.
The automated creation of user accounts, regardless of whether the home page is displayed or not, is not permitted.
SourceLift holds all and exclusive rights to items used and virtual items provided in its online games.
5. Specific Conditions for the Use of Communication Facilities
SourceLift provides users with different communication facilities for self-created entries and posts on BHO, which the user may use when available. In this regard, SourceLift only provides users with the technical environment for an exchange of information. Users do not have the right to claim the communication features.
Users take full responsibility for the content and entries they post. Users agree to release SourceLift from any legitimate claims from third parties arising from a culpable violation of the users' obligations. SourceLift explicitly does not claim content entered by users as its own. However, users shall grant SourceLift the permanent, irrevocable, non-exclusive right to use the content and contributions posted by the users.
Within the context of these communication facilities, users are prohibited from publishing or distributing content on BHO that:
violates an applicable law, goes against common decency, or breaches the general terms and conditions or the rules of the respective game;
violates trademarks, patents, utility or design patterns, copyrights, trade secrets, or other rights of third parties;
is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature;
is of an abusive, harassing, or defamatory nature;
includes chain letters or pyramid schemes;
falsely suggests that it is provided or supported by SourceLift;
contains personal data of third parties without their explicit consent;
is commercial, in particular promotional, in nature.
The inclusion of websites or names of companies is only permitted if this is not primarily for advertising purposes.
All users of these communication facilities are required to use acceptable words. Abusive criticism or derogatory attacks shall be avoided.
Notwithstanding any other rights under these general terms and conditions, SourceLift has the right to fully or partially remove content and entries that violate the rules of these general terms and conditions. SourceLift also has the right to exclude users who violate these rules, in whole or temporarily, from further use of BHO.
BHO's messaging system, forums, and accompanying discord server(s) are all communication facilities and are included under this section.
6. Consequences of a Breach of Duty
SourceLift is not liable for any damages resulting from a user's breach of duty.
Regardless of any additional legal or contractual rights, it is at the reasonable discretion of SourceLift to take the following actions against any user who culpably breaches statutory law, third party rights, these general terms and conditions, or any respective additional regulations and game rules:
issue a warning to the user,
temporarily or permanently block a user from specific or all BHO components,
suspend a user,
issue a temporary or permanent ban from the game,
immediately terminate the contract.
If users have been blocked or excluded, they may not log in again to BHO without the prior consent of SourceLift.
7. Usage Fees
Users can play BHO essentially and deliberately free of charge.
Users may also pay money to purchase virtual currency, virtual items, rewards, or other virtual features within the context of BHO's ongoing operation. The price for the desired virtual objects will appear in U.S. dollars and any currency conversion will be the responsibility of the user.
Users will receive specific information on the features available for purchase, particularly the function of the feature in question, how long the feature will be available, the respective purchasing price, and the payment method available in BHO.
Users can submit their offers to purchase the available features by selecting the desired item and desired payment method offered in the respective online destination.
Payment options may vary. SourceLift has no obligation to accommodate any users' demanded payment method or option, but must maintain consistent access to purchase options for all users.
After completion of the payment process, BHO shall credit the purchased features to the user's account. The credit simultaneously represents that the user has accepted a contract from SourceLift regarding the purchase of available features.
The user acknowledges and agress that all information provided as part of a payment transaction is complete and correct.
SourceLift retains the right to revise the fees for features available for purchase. This includes the right to increase or decrease the fees for all individual features in all future cases of purchases.
Statutory interest shall accrue in instances of default. SourceLift is also entitled to block the user account, recover further damages, and terminate services.
Should SourceLift incur back charges or cancellation fees at the fault of the user, the user shall bear the costs incurred from this or be immediately banned from all access to the game until costs are resolved.
8. Limitation of Liability
Users are held personally liable for any violation of a third party's rights. Users agree to reimburse SourceLift for all damages resulting from the culpable non-observance of tehse terms and conditions. Users release SourceLift from all eligible claims that other users or third parties may file against SourceLift due to a violation of their rights by content posted by the user or due to a violation of other obligations. Users shall assume the costs of SourceLift's legal defense, including all court and legal fees. This condition does not apply if the user is not responsible for the infringement.
The liability of SourceLift, on whatever legal grounds, whether due to contractual misconduct or a breach of duty, is ultimately determined in accordance with the following rules:
If SourceLift provides the respective liability-causing service free of charge, SourceLift is liable only for malice and gross negligence.
In the case of non-gratuitous services, SourceLift's liability is limited to cases of malice and gross negligence, but unlimited in cases of personal injury. In cases of slight negligence, however, SourceLift will only be liable for a breach of essential contractual obligations such as delay or unavailability which SourceLift is held responsible for. In the case of a breach of an essential contractual obligation, liability is limited to the typical contractual damages that SOurceLift had to calculate upon the conclusion of the contract due to the circumstances prevailing at this time.
SourceLift assumes no liability for interruptions within the network that are not the fault of SourceLift.
SourceLift is liable for a loss of data in accordance with the foregoing paragraphs only if such a loss could not have been avoided by adequate backup measures taken by the user.
The aforementioned liability limitations do not apply in cases of explicit guarantees made by SourceLift, in cases of malice, and for damages due to the loss of life, limb, or health. Liability shall remain unaffected under the Product Liability Act.
9. Contract Duration; Deletion of User Accounts
Unless expressly stated otherwise for BHO, the contract for the use of BHO runs for an indefinite period. The contract begins upon accreditation or activation of an account by SourceLift.
The contract may be terminated by either party at any time with immediate effect, provided that a temporary contract period has not been agreed.
Either party has the right to terminate the contract for good cause without giving a period of notice. "Good cause" constitutes, in particular, if
a user has defaulted on payment of the fees, and does not pay despite reminders,
a behavior significantly affecting the game experience of other players is being displayed,
cheats, mods, and/or hacks as well as any other form of software, tools, or scripts that alter the gaming experience or the game mechanism of BHO are being used,
third parties make use of a user's account, unless the rules of the game allow for the specific exception,
a user makes use of a third party user account or uses more than one user account,
a user attempts to buy or sell virtual items for "real" money, or tries to trade them,
a user has sold, bought, or traded a user account,
the user culpably violates laws that serve to protect other players or SourceLift, or
the user deliberately violates these general terms and conditions, additionally governing provisions, and/or the rules of the game.
Termination must always be made in writing. Terminations sent via email are considered to have been made in writing.
In the case of extended inactivity, SourceLift is entitled to delete the inactive user account after giving prior notice of this and only after at least 3 months of inactivity. Moreover, SourceLift is entitled to delete a user account at the end of the contract at its own discretion.
10. Online Dispute Resolution
The European Commission provides a platform for alternative dispute resolution between consumers and online traders (ODR platform). You can access the ODR platform using this link: http://ec.europa.eu/consumers/odr
11. Governing Law
The laws of the Federal Republic of Germany shall apply; the UN Convention on Contracts for the International Sale of Goods shall be excluded. The mandatory provisions of the country in which the user resides shall remain unaffected by this legal decision.
12. Amendments to these General Terms and conditions; Miscellaneous
SourceLift maintains the right to modify these terms and conditions
in the event of any amendments made due to legal changes,
in the event of any amendments made due to decisions by the Supreme Court,
because of technical necessity,
in order to maintain company operations,
in the event of a change in market conditions, or
for the benefit of the user.
No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties.
Users will be informed of any amendments to the general terms and conditions via the BHO website at least four weeks before the amendment is scheduled to take effect. Alternatively, SourceLift may send its users the amended general terms and conditions via email or inform them that the amended general terms and conditions can be accessed via the BHO website.
The user is entitled to object to any amendment within four weeks. The terms and conditions are deemed to have been accepted if the user remains silent for the four-week period or if the user opens the game again after receiving notification of the amended terms and conditions.
SourceLift will specifically inform its users about the four-week period, the right of withdrawal, and the legal significance of remaining silent.
SourceLift can transfer its rights and obligations from this contract to associated companies in accordance with Paragraph 15 of the Stock Corporation Act.
Users are only entitled to an offset if their counterclaim has been legally established or has been recognized by SourceLift and is uncontested or has resulted from this synallagmatic legal relationship. Users can only exercise a right of retention provided that it pertains to claims arising from this contract.
SourceLift generally communicates with the users via BHO's communication facilities or email. Users need to ensure that they regularly check the email account specified at registration for messages from SourceLift.
Should any provision of these terms and conditions be or become invalid and/or oppose statutory provisions, the validity of the remaining provisions of the terms and conditions shall remain unaffected.