1. Scope and Subject of the Terms and Conditions of Use
- 1.3 Laniatus is entitled to stop the operation of its products or services offered by Laniatus without prior notice due to urgent technical reasons or necessary maintenance work. In all other cases, reasonable prior notice will be given as appropriate.
- 1.4 Laniatus products and services may only be used for the version or content currently available.
- 1.5 Laniatus Products and services are intended solely for the entertainment use of consumers. Any use for profit or personal gain is prohibited. Exceptions to this require the express prior legal and written permission of Laniatus LLC.
- 1.6 The User is responsible for the timeliness and suitability of the software and hardware used by the User, in particular for the purpose of using new versions or other updates of the Laniatus Services.
- 1.8 The user's contrary rules or standard terms and conditions shall not apply.
2 General provisions on the conclusion of a contract
- 2.1 In order to use Laniatus services, the user must be registered in the system. This does not apply in cases where an exception to the registration requirement is made (e.g. with the slogan "play now for free!"). The user must always be registered in order to save a game state.
- 2.2 The owners of user accounts created to use Laniatus services must be individual natural persons (groups, families, life partners, etc. are not allowed). Registration must be completed personally. Registration through third parties is never permitted.
- 2.3 Minors are permitted to use the Laniatus Services only with the consent of the relevant legal guardian and only if the user has reached the minimum age specified in the relevant age rating.
- 2.4 During the registration process, the user is required to enter certain data, such as a player name and an e-mail address registered in his name and server selection. The user has no right to be assigned a specific player name. The player name may not infringe the rights of any third party or the relevant legal regulations or be contrary to public morality. The user is expressly responsible for this. Likewise, the use of an e-mail or internet address as a player name is not permitted. The information provided by the User during registration must be completely correct and complete. The user is obliged to continuously update the information provided during registration. If necessary for the implementation of the licence agreement, Laniatus is entitled to request a suitable proof of identity, which will be deleted immediately after verification.
- 2.6 As an alternative to registration via Laniatus' websites, Laniatus may enable registration via the respective functions of other websites or social networks (e.g. "Steam with Connect"). In this context, personal data may be transmitted to Laniatus when the user has given consent to the operator of the respective website. The use of such a registration procedure requires the user to be registered on the respective website or social network in accordance with the rules and regulations applicable there. The provisions of this Section 2 also apply to the conclusion of a contract.
- 2.7 There is no entitlement to registration or activation.
- 2.8 After successful completion of the registration process, the user creates a user account, which the user can manage independently. The user can create an account on the website of the provider of the respective Laniatus service. Unless otherwise specified when creating a user account, a user account created on an online game page is only for the online game on the page where the account was created and may not be used for other online games. Laniatus reserves the right to make technical arrangements (e.g. in the form of a portal) that enable user accounts to be used for more than one Laniatus service at the same time.
- 2.9 The user account may not be transferred or made available to others without Laniatus's consent.
3 General duties of the user
- 3.1 Log-in data, registered servers, usernames, passwords
- 3.1.1 The user is obliged to keep his/her login details confidential at all times. In particular, the user is obliged to use the login details only within the Laniatus Services and to protect them against access by unauthorised third parties.
- 3.1.2 "Login data" is considered to be personal access data used to authenticate the user and prevent its use by unauthorised third parties. The "password" cannot be the same as the player name and must contain at least eight characters consisting of a combination of numbers and letters. "Server" represents the main server where the created user account in question is registered.
- 3.1.3 If the user has any reason to suspect that a third party has made or may make unauthorised use of this data, the user must immediately notify Laniatus and change the data or have it changed by Laniatus. Furthermore, Laniatus is entitled to temporarily block access to the user in such a case or if Laniatus has any indication that the data has been misused. After the suspicion of misuse has proven to be unfounded, the user will be allowed to use the data again.
- 3.1.4 Unless permitted under the Rules, the user is not entitled under any circumstances to use the log-in data of another user.
- 3.2 Use of the Laniatus Services
- 3.2.1 The Laniatus Services contain any content protected by international trademark law, copyright or other forms of intellectual property in favour of Laniatus or third parties. Unless expressly authorised in writing by Laniatus, the end user is not entitled to modify, reproduce, use for his/her own purposes or publicly disseminate the Laniatus Services or the content provided therein, nor may he/she use them for advertising or any other purpose other than the contractually agreed (end user service) purpose. Reproduction is only permitted where technically necessary for the use of the Laniatus Services as agreed in the contract. This process is followed by the Laniatus legal department. The alteration, concealment or removal of copyright notices and trade mark names is strictly prohibited.
- 3.2.3 "Content" includes all data, images, texts, narratives and stories, game models and assets, graphics, music tracks, sounds, gameplay and game idea, sound sequences, videos, programmes or software code and other information (websites, forums and wikis) provided by Laniatus to the end user as in the end user agreement. In particular, "Content" shall be understood to include all service offerings available for download.
- 3.2.3 The end user is obliged to refrain from any action that could jeopardise or interfere with the Laniatus Services and may not access data to which they have no right of access. He/she may not attempt to access it.
- 3.2.4 The end user Laniatus services has no right to publish or republish (copy content) within the scope.
- 3.2.5 The use of Laniatus services via anonymisation services (VPN, DNS, DDNS etc.) or similar tools that can hide or hide the user's real IP address, system information or origin is never allowed.
- 3.3 Use of client software
- Laniatus grants the user, in relation to services which require the prior installation of client software to enable their use, the non-exclusive (ordinary) right, limited to the duration of the licence agreement, to install and use the client software. The user is only permitted to reproduce the client software insofar as this is necessary for the contractually compliant use of the software. All forms of commercial and non-commercial use of the software are prohibited. Any modification of the client software or the retranslation of the supplied program code into other code forms (decompilation) as well as any other forms of reverse engineering of the various software production phases are prohibited to the extent these are not required to obtain the information necessary to establish interoperability of the client software with other programs, and if the establishment of interoperability cannot be otherwise demanded particularly from Laniatus and the relevant data is not used for any purpose other than establishing interoperability and these actions are performed by the user only.
4 Special conditions for the use of the online games
- 4.1 Unless the rules allow exceptions, the user may participate in each round of an online game (e.g. world, universe, server, etc.) using only one user account. Using more than one user account ("multi-account") is prohibited. Laniatus has the right, at its sole initiative and discretion, to block or permanently remove unauthorised multiple accounts created at any time without prior notice.
- 4.2 The user is prohibited from manipulating the online game in any way. In particular, the User is not entitled to use any measures, mechanisms or software (Macros, third-party cheating software, etc.) that may interfere with the functionality or the course of the game. The User is prohibited from taking any action that may cause an unreasonable or excessive load on technical capacities. The User is prohibited from blocking, overwriting or modifying content created by Laniatus or interfering with the online game in any other way not defined herein.
- 4.3 The user is prohibited from running the online game in programs other than the internet browser or the provided client programme. This applies in particular to bots or other tools designed to replace or augment the web interface. The use of scripts and programmes that give the user an advantage over other players is also prohibited. This includes automatic refresh functions and other integrated mechanisms of the internet browser insofar as they relate to automated processes. Logging in is only possible via Laniatus services and third-party pages integrated by Laniatus (e.g. steam, portals or social networks).
- Under no circumstances may the user
- a) create or use cheats, mods, macros, bypass or hacks and/or software that alter the online game experience,
- b) use software that facilitates "data mining" or otherwise captures or collects information in connection with the online games,
- c) may not buy or sell virtual goods resulting from the Laniatus Services from third parties in exchange for real payment instruments, exchange such goods or attempt to negotiate any of the aforementioned transactions, unless authorised in the individual case.
- This includes, but is not limited to, all actions equivalent to the prohibited activities mentioned above.
- 4.4 All rights to the virtual articles used in the online games and acquired in return for payment belong exclusively to Laniatus LLC except where used in accordance with these Terms and Conditions of Use.
- 4.5 Laniatus Services and related It is never permitted to be used on servers owned by users or third parties that provide, establish or maintain unauthorised links to the "All Content", in particular those that emulate or attempt to emulate the Laniatus Services through by programs not expressly approved.
5 Special conditions for the use of communications facilities (in particular discussion discord, forum, chat, blog and comment functions)
- 5.1 Laniatus may provide the user with various communication possibilities for his/her own content and contributions, which the user may use in accordance with the respective availability conditions. In this context, Laniatus only provides technical facilities for the exchange of information. There are no rights in the provision of such communication facilities.
- 5.2 The User is prohibited from publishing or disseminating content (e.g. images, videos, links, names, texts, stories and narratives, sound, music etc.) within the Laniatus Services if this
- a) violates the applicable law or is unethical;
- b) infringes trademarks, patents, copyright, other industrial property rights, business secrets or other third-party rights;
- c) is obscene, racist, glorifies violence, is pornographic or liable to corrupt the young or otherwise endanger or impair the development of children and young people;
- d) is insulting, harassing, libellous in character or is otherwise prejudicial to an individual's rights of personality;
- e) contains chain letters or pyramid schemes;
- f) creates the false impression of being provided by or supported by Laniatus;
- g) contains the personal data of third parties who have not consented to its inclusion;
- h) is commercial in character, particularly having an advertising effect.
- 5.3 The user is obliged moreover to choose appropriate wording and not to disseminate any political or religious content or content with sexual references.
- 5.4 Laniatus does not claim any ownership to the content provided by users. The user nevertheless grants Laniatus the permanent, irrevocable and non-exclusive right to use the content and contributions made by him within the ambit of the Laniatus Services. Laniatus indicates that the content entered is at best subject to active sampling checks, but this is not a seamless monitoring method. The user, moreover, has the possibility of reporting to Laniatus content that is possibly illegal. Laniatus will thereupon respond promptly and, insofar as required, will edit or delete the reported content.
6 Consequences in case of breach of duty
- 6.1 In the event that Laniatus objects to certain content, the user must remove the content immediately if there is any doubt. Laniatus reserves the right to remove this content itself.
- a) change or permanently delete the content,
- b) issue a warning to the relevant user,
- c) publicises the misconduct in the relevant online game and platform and makes the player's name public,
- d) temporarily or permanently block the user account, and
- e) impose a permanent hardware ban if necessary
- f) permanently exclude the user concerned, including in future cases.
- 6.3 Once a user has been excluded, he may not register a new user account without the prior consent of Laniatus
- 7.1 Laniatus is liable according to the statutory provisions for damages suffered by the user and caused by the wilful intent or gross negligence of Laniatus or its agents. It is also liable for personal injury and damage within the meaning of the Product Liability Act.
- 7.2 Otherwise Laniatus' liability for claims for damages - regardless of their legal basis - is limited in accordance with the following provisions, unless otherwise stated in a warranty given by Laniatus:
- 7.2.1 Laniatus shall only be liable for loss or damage caused by ordinary negligence in the event of a breach of material contractual obligations. Material contractual obligations are contractual obligations that are absolutely necessary for the proper performance of the contract and that the user should normally be able to rely on the fulfilment of these obligations. If Laniatus is liable for ordinary negligence, Laniatus' liability shall be limited to damage/loss that is foreseeable and typical for this type of contract.
- 7.2.2 The liability of Laniatus in relation to data and/or programs lost due to Laniatus ordinary negligence shall be limited to the typical recovery costs that would have been sustained by the user had he implemented regular data backup measures which are reasonable in view of all the circumstances.
- 7.3 The provisions set out in the foregoing sub-paragraphs also correspondingly apply to the duty to compensate futile expenditure.
- 7.4 The aforementioned disclaimers likewise apply in favour of Laniatus's vicarious agents.
- 7.5 Laniatus is not liable for any costs sustained by the user availing of services not explicitly offered by Laniatus itself. This applies particularly to costs incurred due to the data transfer to and from the user's terminal device as well as for any costs sustained by the user in using payment systems.
- 7.6 Any strict liability for defects in Laniatus services that exist at the beginning of the provision of the service is excluded, i.e. Laniatus is only liable to the extent that Laniatus or its agents are liable.
8 Contractual term; deletion of user accounts
- 8.1 Unless expressly stated otherwise during the registration process, the contract for the use of Laniatus services is concluded for an indefinite period. If no fixed term has been agreed, both parties are entitled to cancel the agreement at any time with a notice period of two weeks. If a fixed term has been agreed, the agreement may only be cancelled for convenience upon expiry of the term. If no cancellation is made, the current fixed-term contract will be automatically extended by the initially agreed period.
- 8.2 Either party has the right to terminate the contract without notice if there is a substantial reason. A substantial reason arises in particular in the following cases
- a) The user is in default of payment of fees and fails to pay despite having received a reminder or if the user uses paid Laniatus Services without authorisation,
- b) There are actual circumstances that indicate that his conduct is significantly and negatively impacting on the gaming experience of other users,
- c) The user materially breaches laws, the provisions contained in Sections 3, 4 or 5 of these Terms and Conditions of Use, supplementary applicable conditions and/or Rules, unless he is not responsible for the violation.
- 8.3 Each cancellation/termination must be notified in writing. Cancellations by e-mail fulfil the written form requirement. Cancellations can also be made using the support system function integrated into the web page of the online game in question, if available.
- 8.4 Laniatus is authorised to permanently delete a user account if there are justified grounds for doing so (e.g. in the case of prolonged inactivity of user accounts without membership). The reasons and preconditions for deleting user accounts can be found in the rules of the online game in question, if any. Laniatus is also entitled to delete user accounts at the end of the contract at its sole discretion.
- 8.5 If Laniatus gives notice to terminate the licence agreement for reasons for which the user is not responsible or ceases to operate the relevant Laniatus Services before a cancellation takes effect, the user shall be entitled to claim the Premium currency credit balance, if any, still available in the user account or the equivalent value paid for the remaining term of the membership.
9 Applicable law, Court
The contractual relationship is governed by the law of the United States of America, excluding the United Nations Convention on Contracts for the International Sale of Goods and the referred regulations of private international law. If, at the time of the conclusion of the relevant contract (registration, purchase of paid services), the user as a consumer has his or her habitual residence in another country within the European Union, the validity of the strictly applicable legal regulations of that country shall not be affected by the choice of law made in sentence 1.
10 Amendments to these Terms and Conditions of Use, Miscellaneous, Communication, Severability Clause
10.2 The user is only entitled to perform an offset if his counter-claim is legally enforceable or has been authorised or is not disputed by Laniatus LLC. The user may only exercise a right of retention of his claims are established under this agreement.
10.4 If any individual provisions of these Terms and Conditions of Use should prove to be unenforceable, the remaining provisions shall remain enforceable. The unenforceable provision shall be substituted for the relevant statutory provision.
Boulder, Colorado 2023
1942 Broadway St. STE 314C,
Sales TAX ID: US 365049531
Managing Directors: Laniatus LLC.