Terms of Service for DOG Productions Ltd.
1. Scope of Application
1.1 DOG Productions Ltd., Block A3, Level 12, A3 Towers, Triq L-Arkata, Paola, PLA 1211, Malta – hereinafter referred to as “Dorado Games” – provides several online games such as “Conflict of Nations: Modern War” and “Company Tycoon” – hereinafter referred to as “Games” – as well as additional services on the Internet. These additional services include, but are not limited to, the creation of a user profile, participation in a forum as well as other services. Players of Games will hereinafter be referred to as “Participants”.
1.2 Dorado Games offers its services to the Participants of Games – including all additional services – solely subject to these Terms of Service (hereinafter referred to as “ToS”). Dorado Games hereby objects to any terms of service of the Participants. Such terms of service will only apply if Dorado Games expressly accepts them in writing.
1.3 These ToS do not address any questions which may arise with regards to any services provided by third parties – including questions relating to Internet access.
1.4 The game rules of Games are either available on the game’s website, or ingame, often in form of explanatory text and/or self explanatory game features. Upon participating in the game, the Participant accepts the rules of the game, and the conditions for participation, as binding.
1.5 Bytro Labs GmbH, Zirkusweg 2, 20359 Hamburg, Germany (Registration HRB 118884, VAT. ID.: DE263701383) – hereinafter referred to as “Bytro Labs” – offers virtual goods and services for purchase for Games on behalf of Dorado Games.
2. Subject Matter of Contract
2.1 Dorado Games offers the participation in the online game Games and the use of additional services related to the game, within the scope of the existing technical and operational possibilities. Dorado Games provides the Participants of the game with certain information and enables the Participants to display certain data and information on the Internet and to create personalized profiles within the game, which may be visible to other Participants. Furthermore, the Participants will have the opportunity to take part in discussion forums. Dorado Games will provide the Participants with the necessary applications for participating in the Games.
2.2 Use of Games in its basic version is free of charge. However, there is a charge for certain additional services and applications. Any additional services and applications which must be paid for will be shown separately on the Website.
2.3 Games will be enhanced, updated and modified from time to time in order to provide its Participants with an optimal gaming experience. Therefore, the Participant will only be granted the right to participate in the then current version of Games. Dorado Games reserves its right to cease operation of Games, or certain features thereof, without giving reasons or prior notice. In such a case, the Participant can request a refund of any payments already made in respect of services provided by Dorado Games, which have not been utilized. The Participant’s right to terminate the contract with immediate effect remains unaffected. Any other claims are excluded.
3.1 Games are only offered to consumers who are natural persons playing mainly for leisure and entertainment, not for professional or freelancing purposes.
3.2 Eligibility is restricted to persons over the age of 18 or to persons under the age of 18 whose legal representatives have given their consent to participation in the game. Persons under the age of 16 are not allowed to participate in Games regardless of consent of legal representatives.
3.3 By applying to participate in Games, the Participant expressly declares that he is either of legal age or, if he is not yet of legal age, that he has obtained his legal representative’s consent.
3.4 Participation in Games is for entertainment purposes only.
4. Conclusion of Contract: Installation and Registration
4.1 Participation in Games requires an application for registration of a user account – hereinafter referred to as “Account”. Registration of a Participant is effected online by filling in a registration form and accepting these ToS by clicking on a check box during the registration process. These ToS may be printed out or stored on a durable storage medium before sending the registration form.
4.2 All fields on the registration form labelled as “mandatory” must be filled in. All fields on the registration form, whether filled in mandatorily or voluntarily, must be filled in correctly. Upon registration, the Participant has to provide an email address at which he can effectively be reached.
4.3 Each Participant may register for and use one Account only. Registering for and using multiple accounts is strictly prohibited (so-called “multi-accounts”). Breach of this clause may lead to the immediate exclusion of the Participant from the game.
4.4 No legal claim exists for the creation of an Account and/or for participation in Games and the additional services.
4.5 During the registration process for Games, the Participant chooses a username under which he will be registered as a Participant of the game. It is strictly prohibited to chose a name with content which is pornographic, racist, inciteful, glorifies war and/or violence, offensive or otherwise illegal. Breach of this clause entitles Dorado Games to immediately exclude the Participant from the game.
4.6 The contract between Dorado Games and the Participant regarding the use of the Games is concluded when Dorado Games accepts the Participant’s application for the registration of an Account. Dorado Games may accept the offer expressly or by starting to set-up the Account. Dorado Games will confirm receipt of the Participant’s application by sending an email to the email address submitted in the registration form. This confirmation is not a binding acceptance of the offer. However, the confirmation can be sent together with such acceptance.
4.7 No legal claim exists for the creation of an Account or for acceptance of the Participant’s application for the creation of an Account as the case may be. The Participant must not transfer his account to third parties.
5. Access to Games / Illegal Interferences
5.1 Registered Participants of Games may log-in to Games on the game platform, using their user name, after having retrieved the respective URL on the Internet. The automated opening of gaming accounts is prohibited. Log-in into the Account is only allowed using the homepage of the game. The Participant may only use ordinary browsers plus software provided by Dorado Games. The Participant must not take any measures or use mechanisms or software in conjunction with the Website, which may interfere with the function or the course of the game. The Participant must not take any measures which might cause an unacceptable or excessive load on Dorado Games’s technical capacities. In particular, the Participant is not allowed to block, overwrite or modify any content generated by Dorado Games, unless Dorado Games has given its express written consent.
5.2 Further, the Participants are obliged to adhere to all laws and regulations when using Games in any way. In particular, the Participant is not allowed to publish any content which is pornographic, racist, glorifies war and/or violence, or is otherwise of an illegal nature or content which is capable of infringing third party’s rights.
5.3 Dorado Games undertakes to ensure maximum availability of Games. Excluded from this are periods during which the Games servers are not accessible due to circumstances which do not fall within the responsibility of Dorado Games (e.g. force majeure). Also excluded are periods of maintenance during which accessing the Games servers is not possible.
5.4 Dorado Games offers the Games via a Web-browser. Dorado Games does not provide any software which the Participant may need on his local computer in order to participate in the game and Dorado Games does not offer support regarding the configuration or the installation of software on the Participant’s local computer which may be necessary to participate in the game. It is the Participant’s sole responsibility to maintain his computer in a state which enables the use of Games. If Games is played on other systems, e.g. internet-ready mobile phones, the scope of usage may be restricted.
6. Prices and Payment Conditions; Payment dates
6.1 Upon payment of a fee, the Participant will be granted the opportunity to obtain additional services which are not available in the basic version of Games. Type, function and price of such additional services are displayed on the Games Website. Depending on their function, such additional services may be purchased either by a one-off payment or by paying a subscription fee. These additional services with costs allow the Participant to use certain additional functions for a specified time and in accordance with Games’s rules. Since Games will be developed and enhanced from time to time, Dorado Games reserves its rights to offer new additional services or to stop offering certain additional services or to offer certain additional services in the basic version of Games. In the event that the Participant has made payments for additional services for a period of time in the future, and cannot make use of these, because they are no longer offered and/or are offered in the free basic version of Games as well, Dorado Games will at the choice of the Participant offer other additional services as a substitute or refund the Participant on a pro rata basis. In the aforementioned cases, the Participant has the right to terminate the contract with immediate effect. Any other claims of the Participant are excluded.
6.2 The fees for additional services are payable in advance and become due upon activation of the services by the Participant. The fees will be collected from the bank account or credit card account provided by the Participant or effected via appropriate payment methods.
6.3 Dorado Games is entitled to change its prices permanently or temporarily and to permanently or temporarily offer new products, services or invoicing methods at any time.
6.4 In case the Participant causes reversal debits and / or cancellation fees for the cancellation of debits through the Participant’s fault, or a lack of backing of the Participant’s bank account, the Participant shall reimburse Dorado Games for any such cancellation fees and costs. Dorado Games shall have the right to debit these cancellation fees and costs, along with the original fees, from the Participant’s account. If payment of the fees is made through debit or through credit cards and reversal debits occur, Dorado Games may charge an additional service fee per transaction plus banking fees according to international banking standards, unless the Participant proves that no damage or only a substantially lower damage has been caused.
6.5 The Participant may only offset if he has a claim against Dorado Games which Dorado Games has not disputed or which has been declared legally binding by a court decision. The Participant may only withhold payment if he has a claim against Dorado Games which has its origin in the same contractual relation. The Participant is not entitled to assign his claims against Dorado Games to a third party.
6.6 Payment for services and digital goods in Games are executed through the payment partner Bytro Labs and other parties.
6.7. Right to Retract
Instruction on the Right to Withdraw:
The Participant may retract his submission for the conclusion of a contract (regarding participation in Games) as well as any order for chargeable functions and applications, in text form (e.g. by letter, telefax, email) within two weeks. The Participant does not have to give any explanation for this. This two-week time limit starts when the Participant has received this instruction on his right to retract in written form, but not before the conclusion of the contract and not before Bytro Labs has fulfilled its informational obligations under Sect. 312c (2) 1 BGB, Sect. 1 (1), (2), (4) BGB-InfoV as well as its obligations under Sect. 312e (1) 1 BGB, Sect. (3) BGB-InfoV. It is sufficient to send the retraction within the Time Limit.
The retraction must be addressed to:
Bytro Labs GmbH
Consequences of Retraction:
In the event of a valid retraction, both parties must give back the services they have received and refund the benefits based on the use if applicable. If the Participant is not able to give back completely the services or if the Participant can only give them back in part or only in deteriorated condition, the Participant is obliged to pay compensation to this extent, as the case may be. Any obligations regarding the payment of compensation must be fulfilled within 30 days. This time limit starts for the Participant with the sending of the retraction notice, for Bytro Labs with its receipt.
End of Right to Retraction:
The right to retract ends prematurely in the event that the contract is fulfilled completely with the Participant’s explicit consent, before the Participant used his right to retract.
End of instruction on the Right to Retract
7. Term and Termination
7.1 Any contracts between the Participant and Dorado Games are entered into for an unlimited period of time, unless otherwise agreed. Where the contract has been entered into for an unlimited period of time, both Parties may terminate the contract with immediate effect at any time.
7.2 In the event that the contract regarding the use or the provision of additional services has been agreed upon by means of a subscription, the subscription automatically renews for the same period of time, unless the subscription has been terminated with a period of 15 working days, effective upon the end of the term.
7.3 The right of both Parties to terminate the contract for cause remains unaffected by the aforementioned provisions. In the event that Dorado Games is responsible for the extraordinary termination of the contract, the Participant will be reimbursed for any payments he may have made in respect of the period after the termination takes effect, on a pro rata basis. The Participant does not have any other claims, unless otherwise provided in these ToS.
7.4 Dorado Games may in particular terminate the contract for cause if:
The Participant is late in paying fees of at least EUR 10,00 despite two reminders
The Participant culpably breaches any legal rule, these ToS and/or specific rules for the use of additional services, and such breach remains uncured in identical or similar form, despite written notice
7.5 In case of severe breaches, the contract may be terminated without prior written notice. A severe breach is a breach which makes it unreasonable for Dorado Games to remain bound by the contract and includes, but is not limited to:
a The Participant breaches criminal law
b The Participant breaches the prohibition of multi-accounts (see above)
c The Participant breaches the prohibition of non-authorized scripts (see above)
d The Participant provides incorrect information upon registration or upon payment for functions and applications with costs.
7.6. Each termination has to be in writing in order to be effective; email is sufficient to comply with the written form requirement. Extraordinary termination of the contract must state the reasons for termination.
8.1 By streaming via the internet, downloading and installing or in any other way accessing this original software you are granted the nonexclusive personal right to use and display a copy of the software on a computer you own and/or have the rights to install and use software (e.g. workstation, terminal, PC, laptop etc.). Every other use, especially the unauthorized leasing, public display or other demonstration (e.g. in schools or universities), paid distribution, reverse engineering or any other process by which this software or parts of it may be manipulated, made available and or sold to the general public (including via internet or other online – systems) without prior written consent of Dorado Games is prohibited.
8.2 Dorado Games does not grant you any right of ownership to the software and this license does not represent a “sale” of the software. You are the owner of the local storage medium on which the software is installed, however Dorado Games remains the sole owner of the software, and remains the proprietor of any and all intellectual and industrial property rights contained herein.
8.3 If this software enables you to print pictures or capture footage containing copyrighted material of Dorado Games which are protected by trademark or copyright law, this license only allows you to duplicate this data on paper or digital medium and to use them solely for personal, non – commercial and non – governmental purposes (e.g you may not display or sell these pictures in public), provided that you abide by all copyright instructions generated by the software. No further license is granted to copy, distribute or use such data for commercial use.
8.4 The Participant remains the owner of all rights he may have in the content he makes available in Games. By making content available on the Games platform, the Participant grants Dorado Games free of charge a non-exclusive license to publicly display, reproduce and make publicly available, worldwide, such content on the Games platform. Dorado Games is not granted any further rights to use the content which is made available by the Participant. The license is terminated if the Participant deletes the content he generated from the Games platform.
8.5 The story, the events and characters portrayed in this game are entirely fictitious. Any similarities to existing people, places and/or events are purely coincidental and unintentional. Software, graphics, music, text, names and services of this website are all protected by copyright law. No part of the software or services may be reproduced, used, mailed or translated in any way without previous written consent of Dorado Games. Copyright © 2015 Dorado Games. All rights reserved. Games: Modern War is a registered trademark of DOG Productions Ltd.
9. Data Protection
Dorado Games is entitled to store personal data electronically in order to monitor compliance with the game rules, these ToS and applicable law. Further, personal data may be collected, processed and used for the purposes of the implementation of the contract, including billing. Also IP addresses and data regarding the time and type of use of the Website, the email address which the Participant has provided in the registration form and further data which the Participant has provided in his profile, will be stored. Furthermore, Dorado Games is entitled to use personal data of Participants within the scope of what is permissible by law without further consent of the Participant, in order to provide the Participant with product information regarding products of Dorado Games, if the Participant has not objected to such use of his data. The Participant may object at any time.
10. Liability for Content
Regarding communication between Participants, Games serves as a platform via which the Participants may communicate with each other. The Participants are solely responsible for the content of such communication and for further content which is made available on the Internet site by the Participants. Dorado Games is not responsible for any content which is pornographic, racist, offensive or otherwise of an illegal nature, which has been made available on the platform or otherwise on the Internet site of Games by Participants. The same applies to content which infringes third party rights in any other way. Any breach may lead to the immediate deletion and/or blocking of the relevant content and/or the Account of the Participant and to the exclusion of the Participant from the game by termination of the contract with the Participant. Dorado Games is not responsible for the content of other third-party sites which can be accessed via links from Games’s site. Dorado Games does not control any of these sites and expressly dissociates itself from their content.
11. Claims based on defects: Limitation of Liability
11.1 Dorado Games only offers and provides Games in its then current version. The Participant cannot claim that a certain condition or functional status of Games and/or additional services are maintained or achieved. The Participant is aware that Games and/or the additional services – like any other software – can never be completely free of errors. Therefore, Games and/or the additional services can only be considered to be defective if usability is affected severely and for a prolonged period.
11.2 The Participant shall document any significant defect in Games or other services or deliveries of Dorado Games; he shall report them in writing, along with a log of the error messages displayed. Before reporting a potential error, the Participant shall consult the instructions and other troubleshooting tools provided by Dorado Games (especially frequently asked questions lists or forums for troubleshooting). The Participants shall use their best efforts to support Dorado Games in any attempts to eliminate errors.
11.3 The Participants will notify Dorado Games of any defects in writing, without undue delay, upon discovery. Apparent defects of goods – including virtual goods – must immediately be reported to Dorado Games in writing after receipt of the goods. Any further defects must be reported without undue delay upon discovery. If no notice has been given by the Participant, all claims based on such defects shall forfeit. For the Participant’s own protection and for evidence reasons, the Participant is advised to send such reports in writing (e.g. by telefax, letter or Email) to Dorado Games.
11.4 Dorado Games is not liable for any defects which are caused by external events, handling errors by the Participant, force majeure or by manipulations which are not carried out by Dorado Games or which cannot be attributed to Dorado Games.
11.5 To the maximum extent permitted by applicable law, Dorado Games will not be liable for any specific, incidental, indirect or consequential damage, arising out of the user or inability to use this software product. This limitation remains valid even if Dorado Games has previously advised of the possibility of such damage.
11.6 Dorado Games does not assume any warranties, unless otherwise agreed upon in writing.
11.7 Dorado Games is not liable for damages unless they are caused intentionally or by gross negligence. Dorado Games are liable for advice given only as far as the advice concerns Games directly.
11.8 Furthermore Dorado Games is not liable for personal injury of life, body and health of the Participants. Dorado Games endorses responsible play and encourages the Participants well-being.
11.9 Liability for breach of an essential obligation is limited to the damage which could reasonably have been foreseen. The damage which could have been foreseen is limited to EUR 5.00 per Account.
11.10 The aforementioned limitations of liability also apply for the personal liability of staff, employees, assistants, vicarious agents, contributors, representatives, organs, shareholders of Dorado Games and their members.
12. Further Duties and Obligations of Participants
12.1 The Participant is aware that he uses Games together with many other Participants and communicates with different Participants when using the additional services. In order to achieve an enjoyable gaming experience, it is necessary to adhere to the rules of the game. The Participants accept the rules of the game and the ToS as binding. The Participants will follow Dorado Games instructions which will be provided by the game supervisor. Additionally, the Participants will refrain from any conduct which may interfere with the operation of Games and/or the additional services and which may disturb an enjoyable gaming experience.
12.2 The Participants must not use Games for commercial or illegal purposes.
12.3 Dorado Games is not responsible for any damage or loss of data on the local computer of the Participant which results from the installation of software which was not provided by Dorado Games.
12.4 The Participant is obliged to keep all access data for Games (login, passwords etc.) strictly confidential. He will promptly inform Dorado Games if he finds out or suspects that an unauthorised third person is in possession of his access data. The Participant must not use the Account or access data of another Participant. The Participant is aware that in the event that a third party uses Games with his access data, through his own fault, the Participant is liable for the fees and for damages. All access through a Participant’s access data shall be considered as an access by that particular Participant himself. Dorado Games points out that passwords should regularly be changed for security reasons.
12.5 In the event that Dorado Games has reason to believe that an unauthorised third party is in possession of access data, Dorado Games may, without assuming any responsibility to do so, and always acting at its sole discretion, change the access data without prior notice or block the respective Account. Dorado Games will promptly inform the rightful Participant and will, upon request, communicate the new access data to him without undue delay. The Participant cannot claim to have his initial access data restored.
12.6 Dorado Games protects its systems against viruses. However, the Participant acknowledges that virus can never be completely ruled out. The Participant is aware that unauthorised third parties may send emails under the name of Dorado Games, without Dorado Games’s knowledge or consent, and such emails may contain viruses, so-called spyware or links to websites which, in turn, contain viruses or spyware. Dorado Games cannot prevent such behaviour. The Participant will, therefore, check all incoming mail sent by or under the name of Dorado Games, for viruses before opening them. This also applies to emails sent by other Participants.
12.7 Dorado Games will usually, unless otherwise provided in these ToS or other agreements between the Participant and Dorado Games, communicate with the Participant via email. The Participant shall make sure that he receives all emails sent by Dorado Games to the address submitted to Dorado Games in the registration form or at a later date. In particular, he will configure the spam filter accordingly and regularly check this address for incoming mail. Dorado Games may choose any other appropriate means of communication.
13. Changes to these ToS
13.1 Dorado Games reserves the right to make changes to these ToS for the future, if this should prove necessary and if the Participant is not disadvantaged contrary to good faith.
13.2 The Participant will be notified of the changes to the ToS before the changes become effective, in appropriate written form. Notification will usually take place upon the next log-in of the Participant.
14. Place of Jurisdiction / Applicable Law / Written Form
14.1 The laws of the Republic of Malta apply to these ToS and any and all contracts concluded subject to these ToS, as well as any claims arising therefrom. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
14.2 Should any provision of these ToS be held to be unlawful, void, or for any reason unenforceable, then this shall not affect the validity and enforceability of the remaining provisions.
14.3 Any changes and amendments to the contract between Dorado Games and the Participant and to any additional agreements, must be in writing. Any change to the written form requirement must also be in writing.
15. License to Use Dorado Games Intellectual Property in Fan Art
15.1 Dorado Games appreciates a community creating fan art, fan fiction, and audio-visual works that reference Dorado Games titles ("Fan Art"). Participants may incorporate content from Dorado Games titles into Fan Art. Except as otherwise set forth in this Section or in any Subscription Terms, Participant may use, reproduce, publish, perform, display and distribute Fan Art that incorporates content from Dorado Games however Participant wishes, but solely on a non-commercial basis.
15.2 If Participant incorporates any third-party content in any Fan Art, Participant is obliged to obtain all necessary rights from the owner of that content.
16. Exclusion of Terrorist supporting Countries and Organizations
Participant agrees not to allow use of Participant Account by individuals of any terrorist supporting countries or organizations. Participant represent and warrants that Participant is not located in, under the control of, or a national or resident of any such country or organization.
17.1 Except as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect.
18. No Prize Guarantee
18.1 Dorado Games does not guarantee prizes to Users. In particular, the Users do not have the right to claim the payment of prizes, unless such a claim is explicitly outlined in these Terms & Conditions. A claim to the payment of a prize can only be permitted if Dorado Games has explicitly offered/advertised such a prize.
18.2 A claim to the payment of a prize also does not exist if Dorado Games learns that a potential claim to a prize may be the result of technical or legal manipulations and/or the result of any other kind of criminal conduct, in general. By using Dorado Games Services, Users agree that Dorado Games may conduct a thorough investigation at any time pertaining to the legality of the claim for prizes, and while this claim is under investigation may withhold the payment of the prize from the User without his/her express consent. A claim to a prize will also be forfeited if the User has not complied with the rules of the Game. If there is reason to doubt a claim, it is up to the User to provide sufficient evidence that he/she complied with the rules of the Game. The User acknowledges and explicitly accepts this obligation to provide evidence even when it is not usually common legal practice to do so.
19. Special Open Beta Terms & Conditions
19.1 This game is in beta stadium. From time to time, Dorado Games will modify the game with or without notice. Modifications may include software updates, upgrades or removal of content or services that may cause a loss of data, game progress, content or functionality. To the extent permitted by law, Dorado Games is not liable for any absence or loss of data, progress, content or function.
19.2 Dorado Games reserves the right to suspend or cancel the open beta or your access to the open beta at any time at our sole discretion. Dorado Games further reserves the right to reset the game and user accounts at any time at its sole discretion.
19.3 Any purchases and payments during open beta are at your own risk and to the extent permitted by law, you are not entitled to any refunds of payments during open beta in case of suspension or cancellation of the service, reset of the game or user accounts or loss of data, progress, content, functionality or utility.
Malta, 22. May 2018
Block A3, Level 12,
A3 Towers, Triq L-Arkata,
Paola, PLA 1211, Malta
Managing Directors: Nicolai Porsche, Simon Dotschuweit
Registered Office: Malta
Commercial Register: C55850
VAT ID No.: MT21574829