General Terms and Conditions Hexagon Game Labs GmbH "SteamPower1830"

1. Scope 1.1 These General Terms and Conditions apply to the use of the online game "SteamPower1839" (hereinafter referred to as "Online Game"), the associated "players forum" (hereinafter referred to as "Forum") and the associated item shop (hereinafter referred to as "Item Shop") and all other content and services (hereinafter referred to as "Services"; Online Game, Forum, Item Shop and Services taken together are referred to as "Website") provided via the Website of the Online Game by the user (hereinafter referred to as "User"). The Website is operated by Hexagon Game Labs GmbH, Leuschnerstraße 76, 21031 Hamburg, Germany (hereinafter referred to as "Hexagon"). 1.2 The contractual relationship between Hexagon and the User shall be governed by these General Terms and Conditions in the version valid at the time the contract is concluded. Hexagon does not recognise different conditions made by the User, unless Hexagon has expressively acknowledged them in writing. 1.3 Hexagon may amend these General Terms and Conditions from time to time. In such event, Hexagon will inform the User about the changed conditions and highlight all changes. If the User does not agree with the amendments, the User may object to the changes within six weeks after receipt of the amendment notice. If the User does not object to the amendment within the time set forth, changes are deemed accepted. In the event of an objection the contract shall be valid in its unaltered version, but Hexagon may terminate the contract with notice. Hexagon's notice shall particularly indicate the right of objection, the signification of the User's behaviour and the resulting legal consequences. 2. General Specifications for the use of the Website 2.1 Within the framework of availability set out in Section 2.6, Hexagon provides its users with an internet-based online game platform with various services via which the User may play the Online Game possibly also with other users in accordance with the rules of the game. 2.2 The Online Game also provides the service of an in-game chat, via which it is possible to communicate with other users. The users can request each other as "Friends". The friend request takes place via the input of the e-mail address of the other player known to the User and must be answered with YES or NO. If YES is selected, the players can then chat privately with each other, so that no other player can read their messages. If the recipient of a message is online in the game, he receives the message in the news ticker on his screen. If he is offline he gets an e-mail stating that another player has sent a message to him. To be able to read the message in the latter case, he has to connect to the Online Game via the direct link provided. 2.3 The Online Game can be played on a computer via a standard up to date browser (HTML 5 capable) on the website www.SteamPower1830.com. The scope of use of the game via the website and via a mobile device (e.g. smartphone) may differ. 2.4 In regards to the service features free of costs, Hexagon is entitled to change such features at its sole discretion, to the extent to which this is not unreasonable for the User, or to stop performance under consideration of eventual terms for termination. 2.5 If Hexagon provides the User with the possibility to use Services against remuneration, Hexagon will inform the User about the payment obligations of such Service prior to its contractual statement according to Section 8.1. 2.6 Within the framework of the technical and operational capabilities, the Website has a monthly average availability of 98.0%. Excepted from this rule are interferences caused beyond the responsibility of Hexagon, such as bad weather or internet disruptions. 3. General Specifications for the use of the Item Shop, Object of services Gold Coin / Silver Coin / Booster / Converter / Slot 3.1 In the Item Shop, the customer can in particular purchase virtual items or game features (hereinafter referred to as "Items") for use in the Online Game. Such Items may include, for example, certain virtual items, upgrades, boosters and other virtual advantages that serve specific functions in the game. 3.2 The purchase of the Items is done with virtual payment units, so-called "Gold Coins" or "Silver Coins". An Item can be purchased exclusively against Gold Coins or exclusively against Silver Coins or against both. a) "Gold Coin" refers to the virtual in-game currency. These Gold Coins can be purchased by the User against payment of real money. b) "Silver Coin" refers to an additional billing unit provided by Hexagon which the User receives as a reward for his game achievements or loyalty without consideration in real money. c) "Booster" refers to an additional function, which gives the User one or more advantages within the action of the game over a certain period of time (e.g. faster connection, better construction). d) "Converter" refers to a function, which transfers Silver Coins from a "won" map to a newly started map. If the User has purchased a Converter, he can use it when starting a new map. At the start of the new map, the User is asked explicitly whether he wants to use the Converter. Upon release of the Converter function he can transfer Silver Coins from a "won" (i.e. mission of the map successfully completed) map to the new map. The Silver Coins are converted 2:1 with a maximum amount of 200,000 Silver Coins, i.e. from 200,000 Silver Coins the User can transfer 100,000 Silver Coins to a new map. The "Game" Converter enables the transfer to a new game. The "Day" Converter enables the function all the time for each new game within 24 hours. e) "Slot" refers to a medium in which the game scores for each map can be stored. Through the acquisition of additional Slots extra game scores can be stored parallel in addition to the two existing slots. 3.3 The purchase of the Items is handled by the User's account. The User can check his user account by logging in with his user name and password. Gold Coins or Silver Coins are not transferable. 3.4 Gold Coins or Silver Coins cannot be exchanged back into legal tender. A return of Gold Coins or Silver Coins for a refund in real money is not possible. 3.5 With the entry of the Gold Coins or Silver Coins in his Game account, the User receives a simple right to use the purchased Gold Coins or Silver Coins which is limited in time to the particular map and game world. "Purchase" or "Buy" means a non-transferable right to use or unlock additional game features which is limited in time to the duration of the contract and each map/game world. Gold Coins or Silver Coins are only valid for the particular map/game world, from which they were purchased. 3.6 The rights to Gold Coins / Silver Coins / Boosters / Converters / Slots shall expire when the game contract between the User and Hexagon ends (in accordance with these General Terms and Conditions), in particular when it is terminated at the end of the notice period. 3.7 Silver Coins (not Gold Coins) can be reduced or increased at game immanent events or actions. 3.8 User-generated items are not provided. However, their introduction at a later time is possible. 3.9 The Item Shop can be used on a computer via a standard up to date browser. The scope of use via the website and via a mobile device (e.g. smartphone) may differ. 3.10 In case of termination of the user account the Gold Coins and Silver Coins are treated in accordance with Section 11.3. 4. Requirements for Use 4.1 The Online Game is intended for Users who have reached the age of at least 16 years. However, according to youth conservation law the game is also suitable for younger players (aged 12 years). 4.2 To use the Online Game the User needs access to the internet. For the use on mobile devices a suitable smartphone or tablet is required. The use further requires an HTML 5 capable browser and environment. A list of supported devices and platforms can be accessed here www.SteamPower1830.com/SteamPower1830_SystemWhiteList. 5. Costs The use of the Online Game is generally free of charge. With the purchase of game currency ("Gold Coins") against payment of real money the User enters into another contractual relationship with Hexagon in accordance with Section 3 and 8.1 which goes beyond the application for the Online Game. 6. Contract Language The contract is available in German or English. 7. Conclusion of Contract 7.1 Registration and User Account: First of all users have to register on the Website and set up a user account. This is done as set out below: - In order to register the User has to click the "Sign Up" button on the Hexagon website. He then has to fill in as a minimum the obligatory information, namely user name, password, date of birth and a valid e-mail address into the form. E-mail address and password are needed by the User to access his account. Within the framework of the provisions of the registration form with regard to character selection and character count or other technical or legal restrictions, the User is free to choose his user name and password, if not another user has already the same user name. Until the form is ready to be sent off, the User can change, correct and delete any information. In case of faulty details, the User will be informed. The selection box "I accept the General Terms and Conditions" must be ticked. - By clicking the "Register" button the registration is completed and the form is sent to Hexagon. - In response to this offer the User receives an automatically generated confirmation e-mail at the above mentioned e-mail address. - With the hyperlink in the confirmation e-mail, the User can activate his user account (Double opt-in). At this point, by clicking the hyperlink in the confirmation e-mail, the User makes a binding offer to purchase the services. - By accepting the first login and making the service available, Hexagon accepts the offer of the User and establishes a user account. At this point the User is able to use the functions of the user account. 7.2 Contract for the purchase of the in-game currency Cold Coins or the purchase of packages containing Gold Coins and/or Items for real money: Items can only be purchased with Gold Coins or Silver Coins. These are virtual payment units, of which only Gold Coins can be purchased by the User against payment of real money while Silver Coins are rewarded for certain of the User's game achievements or his loyalty. The User can also purchase packages that consist of different, predetermined Items and/or Gold Coins against real money. For the purchase of these packages the provisions of these General Terms and Conditions regarding the purchase of Gold Coins apply accordingly, in particular Section 7.3 (but not Section 7.4). 7.3 The purchase of gold coins is as follows: After calling up the relevant appropriate webpage, the User needs to choose the number of Gold Coins that he would like to purchase (depending on the package) and to select the relevant type of payment. In order to proceed, the User (depending on the package) has to click on the "Next" button. At any stage before the final confirmation of his order the User may revert to a prior page to correct or alter or cancel his selections, simply by using the "Back" button. In detail, the procedure for buying Gold Coins is as follows: - First, the User chooses the number of Gold Coins that he would like to purchase. Gold Coins are available in certain specified amounts (packages) from which the user can choose. - Thereafter, the User selects the means and type of payment: The following means and types of payment are (generally) available: ~ PayPal ~ Paymentwall ~ Microsoft Cooperation - Next, the User will be shown a preview of his order, in which the following information is displayed: a) the number of Gold Coins he buys, b) the total price for the purchase of Gold Coins including all related price components and all taxes paid via Hexagon, or, if an exact price cannot be indicated, its calculation basis, which enables the User to verify the price, c) if applicable, additional delivery and shipping costs and an indication of possible additional taxes or costs that are not paid via or invoiced by Hexagon, d) if applicable, the minimum duration, in case a permanent or recurring performance is the subject matter of the contract, e) if applicable, a reservation to provide services equivalent in quality and price, and another reservation not to provide a promised service in case of its unavailability. - In case the User has not used his user account or purchased Gold Coins for a period longer than one year, before the current transaction, the selection box "I accept the General Terms and Conditions" with the relevant links to these terms shall be displayed at this time and must be ticked by the User to proceed. - The User is asked to submit the required data. To confirm his order of Gold Coins, the user then has to click the "Buy" button. He will then be redirected to the website appropriate for the payment method selected by the User. By clicking the payment confirmation button at this stage, the order is finally completed, and the User is sending a binding order for the selected amount of Gold Coins (binding offer). - As far as, at the chosen payment provider the payment is made via the website of a third party (e.g. PayPal), the User will then be directed to the website of the relevant payment provider (selected by the User). There, the data required for payment is entered (e.g. credit card number, PIN etc.). Then the respective payment confirmation button is clicked (this depends on the provider) and payment is made. - Thereafter the User is redirected back to the Website. - Acceptance of the offer by Hexagon is confirmed by a notice displayed on the User's screen and a confirmation e-mail sent to the User's e-mail account, both confirming that his order (binding offer) has been accepted. The credit of the Gold Coins goes to a points account, available via the user account. - The contract regarding the purchase of Gold Coins is only concluded between Hexagon and the User. As a rule, the contract with payment providers is concluded solely between the User and the relevant payment provider. 7.4 The redemption of Gold Coins or Silver Coins does not represent a further contract. The User selects the Items, Boosters, Converters or Slots from the choices available at each stage of the game. In exchange, Gold Coins or Silver Coins are deducted from his existing point balance. Hereby, the User exercises his right of determine the game features, which he obtained with the purchase of the Silver Coins/Gold Coins. 7.5 For the purchase of Items, Boosters, Converters or Slots directly against real money Section 7.3 applies. 7.6 When ordering from Item Shop the following conditions apply: - The presentation of goods in the Item Shop does not constitute a binding offer to the customer, but merely an online sales catalog. - Before the conclusion of the contract, the customer will be informed by Hexagon about the following: a) the items that he purchases (and, if applicable, their in-game characteristics), b) the number of Silver Coins or Gold Coins that are incurred for the acquisition of the Items. - The dispatch of the User's order through clicking of the "Buy" button at the end of the ordering process is a binding offer made by the User to buy the Items in accordance with the conditions communicated. - By providing the Item in the Online Game Hexagon accepts this offer and a binding contract is concluded. 8. Notification regarding the right of revocation The customer has the right to revoke the contract in accordance with the legal provisions: 8.1 Right of revocation You may revoke your contractual statement in text form (e.g. letter, fax, e-mail) without giving any reasons within a period of 14 days. The revocation period commences the day following the receipt of this revocation instruction in text form, but not before we have fulfilled our information duties according to Art. 246 § 2 in conjunction with § 1 Abs. 1 and 2 EGBGB (Introductory Act to the German Civil Code [BGB]) as well as our duties according to § 312e subsection 1 sentence 1 BGB in conjunction with Art. 246 § 3 EGBGB. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation. The revocation is to be addressed to: Hexagon Game Labs GmbH Leuschnerstraße 76 21031 Hamburg / Germany E-Mail: Info@HexagonGameLabs.com 8.2 Consequences of revocation In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute to us the performance received or the benefit of use or can only restitute it in a deteriorated condition, then you have to compensate us insofar. This may lead to you still being obliged to fulfill your contractual payment obligations for the time period elapsed until the revocation. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. This period commences, for you, with the dispatch of the revocation, for us, the day we receive it. 8.3 Important note: Your right of revocation expires prematurely in the event that the agreement is completely fulfilled by both parties at your explicit request before you have exercised your right of cancellation. End of notification regarding the right of revocation 9. User Accounts 9.1 Identity: It is technically impossible for Hexagon (without additional data or payment for additional performance) to establish beyond doubt, whether a user is in fact the person who he says he is, when he logs in. Hexagon therefore does not warrant the actual User's identity. If necessary, it is up to each user to make sure that the other user's identity is correct. 9.2 Faulty Information: When information in the obligatory boxes is faulty or incorrect, i.e. incorrect e-mail address, Hexagon reserves the right to delete the account. However, the User can open a new account with complete and correct data. 9.3 No Second Account (only one user account per person): Unless expressively permitted by Hexagon (in individual cases or in accordance with game rules) the User is only allowed to use one user account to take part in games offered by Hexagon or one of their partners. If a player has several user accounts, Hexagon has the right to close these. 10. Code of conduct relating to content (chat, content posted by the User) 10.1 The User shall, - only use content for the use of the Online Game that may be publicly displayed, including making available on the internet and does not impinge upon third party's rights; - observe all applicable laws and third party's rights when using the Online Game. 10.2 The User shall in particular not, - post racist, inhuman or offensive content or content against good morals; - post content being pornographic or in contradiction to laws for the protection of the youth or to solicit, offer or distribute products being pornographic or in contradiction to laws for the protection of the youth; - disturb other users in unreasonable manner (particularly through spam), e.g. to send game invitations to e-mail addresses of other players whose presumed consent for it does not exist; - post legally protected content (e.g. by copyright, trademark, patent, industrial design or utility patent law) or to solicit, offer or distribute legally protected goods and services, in each case without being entitled to do so; - conduct or promote anti-competitive actions, including progressive user recruitment (as chain, snowball or pyramid schemes); - block, overwrite, modify, copy the Online Game entirely or partly to the extent to which this is not necessary for the proper use of these Services; - divulge or publicly display user generated contents outside the Online Game, unless and to the extent to which this results from designated functions of the Online Game; - perform activities being suitable to affect the functionality of the Online Game's infrastructure, particularly overload it. 11. Cancelling and Deleting of the User Account, Blocking of the Account and Exclusion (Sanctions) 11.1 The user has the right to cancel his membership free of charge, at any time and without giving reasons either in writing or by e-mail to Info@HexagonGameLabs.com. Hexagon has the right to cancel the membership by giving 14 days' notice. If the user has purchased chargeable game items (e.g. Gold Coins) the notice period for Hexagon is three months. 11.2 The right to terminate the contract for fundamental breach remains unaffected. Fundamental breach shall for Hexagon include but not be limited to the fact that a user has disregarded the rules of the games as established by Hexagon and their partners, more than once and in a significant manner, especially if the User violates the code of conduct. 11.3 Once the notice becomes effective the user account and the User's content including the unused Gold Coins or Silver Coins and other assets shall be deleted. Hexagon reserves the right not to delete content set in the Online Game, but the user name is removed from the content. However, the User may require the partial or complete deletion of content created by him, if it either violates the code of conduct or a legal obligation to delete the content exists or personal rights are concerned. 12. Blocking and Other Legal Consequences for the User in Case of Incorrect Conduct Hexagon has the right to terminate a user account of a user, who has acted against any legal regulations, right of third parties, or applicable additional conditions and rules, and to exclude him either in parts or wholly, from using individual offers or the complete offer by Hexagon, either for a restricted time or permanently, unless the User is not responsible for the action. Hexagon also has the right to express a time restricted or permanent virtual ban. If a user has been blocked or excluded, he is not allowed to log in again, without Hexagon's permission. 13. Viewing and Saving the Contract Text 13.1 The User can view the latest General Terms and Conditions on the Website. The User can also print or save these by using the usual functions of his internet browser (mainly with "File" -> "Print" respectively "Save under"). 13.2 The User can also file his orders by printing the information that is to be found on the last page of the ordering process in the Item Shop, with the use of the functions on his browser or the User can wait for the order confirmation, which Hexagon sends to every user by e-mail after the ordering process is completed. This e-mail confirms all order information and the General Terms and Condition and can either be printed out or can be saved by the User. 14. Liability 14.1 Hexagon shall be liable according to the applicable statutory provisions for damages of the User caused by intent or gross negligence, whereas the liability for personal injury and damages according to the German Product Liability Act (or other similar applicable laws in other applicable legislations) is not excluded by the following. 14.2 In other cases the liability of Hexagon for damage claims is restricted in accordance with the following provisions unless an explicit guarantee assumed by Hexagon provides otherwise: 14.2.1 Hexagon is only liable for slight negligence if the damages have been caused by the violation of a material contract obligation (cardinal duties). Cardinal duties are such contractual obligations whose performance is required for the proper implementation of the contract and upon whose compliance User could rely. To the extent Hexagon is liable for slight negligence; its liability is restricted to the typically foreseeable damages. 14.2.2 The liability of Hexagon for damages caused by loss of data and/or programs lost by slight negligence is limited to the typical cost of restoration, which would have been incurred in case of regular and appropriate data backup by the User. 14.3 The provisions of the above paragraph apply correspondingly to the limitation of damages for unsuccessful expenses (§ 284 of the German Civil Code [BGB]). 14.4 The above liability restrictions shall also apply to vicarious agents of Hexagon. 14.5 Hexagon shall not be liable for costs arising out of services used by the User that are expressly not provided by Hexagon. This shall in particular apply to costs of data transfer from or to the User's mobile end device. 14.6 Any no-fault liability for malfunctions of the platform or the game or the provision of virtual game currency "Gold Coins" existing at the beginning of the service is excluded, that is, Hexagon is only liable if Hexagon or its agents are responsible. 15. Granting of Usage Rights by User 15.1 The content entered by the User in the public sector of his user account, especially e.g. texts and photos, are made available for "View" within the scope of the Online Game. Hexagon is allowed to use this content as follows. 15.2 By placing content in the public sector of his user account the User grants Hexagon a free of charge, unrestricted, transferable and sublicensed simple right of use of the content, with the right to use the content in any way - currently existing or to be created in the future. The previously mentioned right of usage includes but is not limited to the following rights: - The right to copy, distribute, translate, rent, exhibit, quote, reproduce and make available publically (through wireless or wired means), to send, to combine together with other items or products (also advertisements), to process and to use such processed items in the manner as just described, in connection with the Online Game in every type and form. - The right to use the content separately from the Online Game and in other internet media and internet based types of usage, e.g. RSS-Feeds, different internet portals and communities as well as for other end users (e.g. mobile telephone, play consoles, computers, including mobile devices such as lap tops, PDA, MDA etc.), in accordance with the extent of the previously mentioned rights. 15.3 As a rule the user name is automatically attached to the content. The User however, waives his claim to be mentioned expressively as the author by Hexagon. 15.4 All rights are granted free of charge with the possibility of free usage and publication of the content in the game. Sections 32, 32a and 32c of the German Copyright Act remain unaffected. 15.5 Content may only be entered, if the author is in fact the author and/or has sufficient rights (such as usage and exploitation rights) and is permitted to use the content, in accordance with Section 15.2, especially where public use or making available, processing and sublicensing are concerned. 15.6 Should content be entered, especially for example photos, where, apart from the User, further persons can be recognised, then this may only take place, if the third party has given their permission to do so. 16 Responsibility for User Generated Content, Data and/or Information 16.1 Hexagon shall not be responsible for content, data and/or information provided by its users and for content of linked extern websites. Hexagon does particularly not warrant that such content is true or serves or may serve a certain purpose. 16.2 If the User discovers a use of Hexagon being contradictory to law or these provisions it shall inform Hexagon correspondingly. 17. No game aids and bots Users are allowed to play the Online Game only in person. The Users may not manipulate the game or use technical aids that give the user an advantage over other players. In particular, are prohibited: - Use of software or mechanisms that can affect the function and the game play inexpediently or change the game experience inexpediently; - Use of software, that plays the game in place of the User (for example, scripts); - Actions that may cause an unreasonable or excessive use of the technical capacity; - Blocking, overwriting or modification of content or to interfere in any way with the game; - Use of cheats, mods and/or to create or use hacks as well as any other software produced by a third party that may change the result of the Online Game; - Use of software that allows "data mining" or intercepts or collects information related to the Online Game in any other way. 18. Data Protection Operating an interactive website is based on the users' exchange and publication of information, news and data. Each user is free to decide which information he wants to make available to other users, apart from his user name. The confidentiality of possible information transfers cannot be guaranteed. 19. No right to Transfer 19.1 Gold Coins or Silver Coins are not transferable without Hexagon's consent. 19.2 The transfer of the user account to third parties is prohibited without the consent of Hexagon. 20. Applicable Law The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), if the User is a consumer, and is domiciled in Germany.