Terms and Conditions
Table of Contents
- Provider and Contractual Partner
- Specifications for Use
- Devices and who is entitled to Play
- In-Game-Features and Virtual Benefits
- General Ruleset for Virtual Benefits
- Requirements for Use
- Costs and additional costs
- Contractual Language
- Registration, Conclusion of Contract
- Game Shop and Conclusion of Contract
- Right of Withdrawal
- User Account
- Granting of Rights by Users, Content
- General Obligations regarding User Conduct and Content
- Term and Termination, Blocking and Disabling Access (Sanctions)
1.1 Living Phoenix Entertainment Inc., 221-3011 Louie Drive, Westbank, BC, Canada, V4T 3E3, (“Living Phoenix Entertainment“, “We” or “Us”) operates an online game and a gaming portal called Ravendawn Online. This gaming portal consists of the website Ravendawn.online ("Website") and a massively multiplayer online role playing game ("Ravendawn Online" or “Game”).
1.2 Living Phoenix Entertainment also operates the Game Shop accessible via the Game or Website (“Game Shop”).
1.3 These general terms and conditions (“Terms and Conditions” or “Terms”) apply to any User of the Game, Game Shop and/or the Website. The contractual relationship between Living Phoenix Entertainment and the Users is governed exclusively by these Terms and Conditions in the version valid at the time that the agreement (“Agreement”) is concluded.
1.4 Users’ conflicting or deviating terms and conditions are not a part of the Agreement and will not be accepted unless Living Phoenix Entertainment has expressly agreed to their application in writing.
1.5 This also applies if Living Phoenix Entertainment performs its services without reservation and in full knowledge about conflicting or deviating terms and conditions by Users. Additional documents such as game rules, rules for use, participation requirements and communication rules, such as forum rules (in these Terms and Conditions jointly referred to as "Game Rules") may be published on our Website or in the Game. By participating, the User bindingly accepts these Game Rules.
1.6 Living Phoenix Entertainment may change these Terms and Conditions with regard to future use. Unless a User gives explicit consent to the change of Terms (see below), Living Phoenix Entertainment will change these Terms according to the following procedure: Living Phoenix Entertainment will notify the User of such changes in text form (i.e. email or a notification in the Account of the User). The User may object to such changes to these Terms and Conditions according to the following provisions: The User need to direct their objection against the changes to the Terms and Conditions (“Modifications“) to Living Phoenix Entertainment within six (6) weeks after receipt of Living Phoenix Entertainment’s notification concerning the Modifications (“Modification Notice”). To comply with the time limit, the objection must be received by Living Phoenix Entertainment within the time limit. If the User does not object in due time, the Modifications will be deemed accepted and the modified Terms and Conditions will become an integral part of the agreement with the User. The Modification Notice will expressly refer to this effect and to the form and time limit of the objection. In the event of an objection in due form and time, the Terms and Conditions will remain in force in their unaltered version. In this case, Living Phoenix Entertainment may terminate the agreement with the User in accordance with 14.5.1.
1.7 Regardless of and in addition to the passive change procedure as set out above, these Terms can always be changed by express consent. If the User confirms the new terms, for example, in a pop-up window, such new terms will come into effect as set out in the new terms, and in absence of a new commencement date, immediately.
User: A User is a natural person who created an Account. Our use of masculine pronouns when referring to Users shall be interpreted to mean Users of any and all genders.
Account: An Account is a combination of email address and password that a natural person can create on the Website via the registration page or via a purchase from the Shop.
Character: A Character is a game character created by the User on his Account. Depending on the Account type, an Account could have more than one Character.
Game: The game Ravendawn Online
Game-Shop: means a Shop, located in the Game or on the Website, where Users can acquire Virtual Benefits in exchange for real money.
Publisher: The legal entity making the license agreement with the end user; in this case, Living Phoenix Entertainment
Purchase: The Term “purchase” (if used in connection with Virtual Benefits) is not a purchase as defined in the legal theory; it only gives the right to the User to use the respective object/service in the Game during the term of this agreement.
Software Product: All video game related software for Ravendawn Online. May include associated media, printed media, and on-line or electronic documentation
Unit: Computer or any other gameplay device on which the Game is used
Virtual Benefit: Virtual Benefit means Virtual Currency, Virtual Property, Characters, Character customizations, Character perks, vanity perks, convenience features, game packs, trial packs and other features or perks that can be, as the case may be, earned through gameplay, purchased for real money or virtual currency, awarded by Living Phoenix Entertainment, or otherwise obtained by a User for a Character or Account.
Virtual Property: Virtual Property means in-game items, land and buildings.
Virtual Currency: Virtual Currency means the currency that can be used in-game. This includes Silver (the “Game Currency”) and Gold (the “Premium Currency”).
Shop: Means, in general as the case may be, the section of the Website or Game where Users can make purchases of Virtual Benefits.
3 Provider and Contractual Partner
Living Phoenix Entertainment
221-3011 Louie Drive, Westbank, BC, Canada, V4T 3E3
Director entitled to represent the company: Nicolas Schrik (CEO)
Email: [email protected]
4 Specifications for Use
4.1 Living Phoenix Entertainment provides access to the Website and the Game including various Services. The User can play the Game after setting up a User Account (“User Account”) and downloading and installing the Game Client software.
4.2 Devices and whom is entitled to Play
4.2.1 Only natural persons may register for the Game and set up a User Account (“User Account“). Once Users have registered and set up a User Account they may play the Game in compliance with the Game Rules. Participation in the Services is for entertainment purposes only, any use of the Services for commercial purposes is prohibited unless specifically allowed in these Terms or the Game Rules. Promoting the Game on YouTube, Twitch and other video and streaming sites is permitted, but, in our sole discretion, we can withdraw that permission at any time by notifying the User in writing.
The Game is what is known as a Massively Multiplayer Online Role Playing Game (MMORPG) taking place in a fantasy game world.
4.4 In-Game-Features and Virtual Benefits
The User may acquire Virtual Benefits from a Game-Shop in exchange for real money to use in connection with the Game. Living Phoenix Entertainment may restrict the award or use of Virtual Benefits based on your country of residence or other factors. Living Phoenix Entertainment may offer the opportunity to purchase Virtual Benefits from a Game-Shop for real money and to utilize Virtual Benefits directly in exchange for paying a fee. The User will be expressly notified if the service offered is not free and the User will be informed about his right of withdrawal (if any). Living Phoenix Entertainment informs the User of the respective features, requirements and prices of the Virtual Benefits prior to the purchase. The Virtual Benefits are available after the Users have made their payment, in some cases, depending on availability, using virtual currency or real money. Note: Some Virtual Benefits may also be received through gameplay or as part of a game pack.
4.5 General Ruleset for Virtual Benefits
4.5.1 Users are prohibited from selling, purchasing, renting, leasing, offering, accepting, disseminating or copying Virtual Benefits, including Virtual Currency, within and/or outside the Game - in whatever form – to/from third parties unless expressly permitted by these Terms and Conditions or the Game Rules. An in game-system provided by the Game or by Living Phoenix Entertainment to trade Virtual Benefits of the Game constitutes such an exception. In this case, the transfer of Virtual Benefits from one User to the other is only permitted if the transfer takes place - no matter if within or outside the Game – either without any form of consideration or with consideration if the consideration consists solely of Virtual Property or Virtual Currency of the Game and such is transferred within the Game itself or via a function provided by the Game. The acquisition of Virtual Benefits in exchange for any form of consideration other than Virtual Property or Virtual Currency of the Game is expressly prohibited. If the User trades or exchanges Virtual Benefits on a large scale without a comparable value obtained within the Game, then it is assumed that the User violates this rule. The User is entitled to provide counter-evidence.
4.5.2 By making a selection from the Virtual Benefits credited to their User Account to be used in the Game, Users specify performance regarding characteristics of the Game and modify the gaming experience within the Game Rules and the scope granted to them by the “purchase” during the Term or the duration of the Virtual Benefits. The scope and duration of Virtual Benefits are subject to run-times and expire at the end of the period identified in the Shop or during the purchase. The permission to use Virtual Benefits ends at the latest at the time when the agreement to use the Game concluded between User and Living Phoenix Entertainment expires or is terminated.
4.5.3 Virtual Benefits that can be bought for real money can often also be obtained in-game through other means, for example by purchasing them with Virtual Currency or by trading with other players. When a Virtual Benefit is initially bought for real money for an Account, it counts as having been bought for real money for that Account only. As a general rule, Virtual Benefits bought for real money by an Account do not count as a having been bought for real money by any other Account, for example, if the other Account obtains that benefit via an in-game trade. If an Account buys a certain Virtual Benefit for real money, but also has obtained or obtains more of the same Virtual Benefit via in-game means, then every time the Account transfers, uses, consumes, trades, loses or spends a portion of that Virtual Benefit, it is assumed that those parts of the Virtual Benefit acquired with real money by that Account are used first. Under no circumstances shall we be required or liable to refund or compensate a User in relation to any Virtual Benefits that have not been bought for real money as defined above.
4.5.4 The User understands, accepts and agrees that he holds no interest, monetary or otherwise, in any feature or content contained in the Game, including without limitation the Accounts registered to him or any Virtual Benefits.
4.5.5 As a rule, Users may only use Virtual Benefits purchased for real money after they have expressed their consent and have acknowledged, prior to the purchase, that they lose their right of withdrawal.
4.5.6 There is no return policy on Virtual Benefits. Virtual Benefits acquired through virtual currency or real money cannot be exchanged back to virtual currency or real money subject to any constellation regulated in these Terms and Conditions.
4.5.7 Living Phoenix Entertainment may decide to change features of the Game at its own reasonable discretion, unless this is legally deemed to be unacceptable for the Users, and to cease offering its services, subject to the provisions regarding the termination of this Agreement. The Virtual Benefits and Services offered by us in exchange for virtual currency or real money may be discontinued, modified or removed from the User’s Account by us at any time in our sole and absolute discretion. We have no obligation to continue making offers available for the redemption of Virtual Benefits. Living Phoenix Entertainment is entitled to reduce and/or increase the prices for Virtual Benefits with regard to the future and to create and sell new Virtual Benefits at any time.
4.5.8 Living Phoenix Entertainment may, in their sole and absolute discretion, make regular changes to the Game’s balance. This includes, but is not limited to, the power of particular items, the design of the game world, features of the game and the entire virtual economy. This may result in a significant perceived reduction of the in-game strength of a User’s Virtual Benefits. We will not be required to provide any in-game or out of game compensation for this.
5 Requirements for Use
5.1 Playing the Game requires the download of the Game and permanent access to the internet and a suitable device that the Game can be played on. The system requirements depend on the operating system of the User. The Game may be played via Windows.
5.2 The system requirements will increase from time to time, in line with technological progress. This means that older devices, which currently meet the minimum system requirements of the Game, might no longer be supported in the future.
6 Costs and additional costs
6.1 In order to play the Game, Users need to create an Account.
6.2 In the event Users purchase Virtual Benefits for real money via the Game Shop they enter into a contractual agreement with Living Phoenix Entertainment or, if applicable, a different provider (if indicated e.g. on a platform like the Apple App Store), obliging them to pay the price shown in the Game Shop. If the purchase is made via a payment provider, Users have to bear the costs in connection with such purchase (as indicated in the Game Shop).
6.3 Accessing the Website is free of charge. There may be costs incurred by the connection to the internet and the Game Shop depending on the contractual agreement of the Users with the provider of their mobile, internet or other connection.
7 Contractual Language
7.1 The language of this Agreement is English. Translation of this Agreement into other languages might be available.
7.2 In case of conflict between the English version of the Agreement and the Agreement in any other language, the English version shall take precedence.
8 Registration, Conclusion of Contract
8.1.1 Users need to register and set up a User Account. Users can open an Account by registering to our Services by filling out a registration form on our Website or in the Game. This is accomplished by filling out a form and providing the information requested therein. In addition, Living Phoenix Entertainment may require an additional procedure during which the email address of the User will be verified by visiting a confirmation link sent by Living Phoenix Entertainment via email. There may be more than one Character connected each User Account.
9 Game Shop, Conclusion of Contract
9.1 "Purchase" Procedure
9.1.1 Via the Game Shop Users have, subject to a charge, access to Virtual Benefits available for purchase with real money. Users may access the Game Shop to choose, subject to a charge and depending on the respective offer, the type and number of Virtual Benefits they wish to purchase.
9.1.2 To continue Users have to confirm their selection, choose a payment method and finalize the purchase, by confirming the button labeled with “Buy now” plus, if applicable, the respective payment method (e.g. “Buy now with PayPal”). Until the purchase is finalized Users may at any time correct, change or void their choice.
9.1.3 The purchase procedure for various app stores which are operated by third parties are subject to the terms of the respective app store.
9.1.4 A contract is concluded between the provider of the Game Shop and Users purchasing Virtual Benefits from the Game Shop, subject to a charge.
9.1.5 Living Phoenix Entertainment has fulfilled its obligation once the Virtual Benefits have been credited to the User Account. Living Phoenix Entertainment reserves the right to reject a User's purchase or use of Virtual Benefits, without specifying any reason for such rejection.
10 Right of Withdrawal
Users may withdraw from this Agreement subject to the applicable laws.
Note: The User’s right of withdrawal expires if Living Phoenix Entertainment has begun with the performance of the Services or otherwise the contract after the User’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal. This applies in particular, but not limited to, the User’s purchase of Virtual Benefits from the Game Shop for real money, which the User may purchase and use in the Game, as a rule, only after the User has expressed his consent and has acknowledged, prior to the purchase, that he loses his right of withdrawal in this regard.
11 User Account
11.1 Every User Account is linked to one specific email address.
11.2 Multiple registrations, as well as setting up and operating multiple User Accounts at our Services are allowed.
11.3 Living Phoenix Entertainment reserves the right to lock all User Accounts of a User if Living Phoenix Entertainment deems fit.
11.4 Living Phoenix Entertainment reserves the right to delete User Accounts with incomplete or incorrect data entered into the mandatory fields, in particular if an inaccurate email address has been provided. In that event, such Users may create new User Accounts providing complete and correct data.
11.5 Living Phoenix Entertainment does not assume liability for the identity of Users. Each User is advised to assess the identity of another User where necessary. Living Phoenix Entertainment is entitled but not obliged to verify the accuracy of the User's information. This may be done by Living Phoenix Entertainment requesting documents to prove the identity such as a personal ID card. Living Phoenix Entertainment is entitled to make the creation of a User Account subject to such verification.
11.6 The Users are reminded to treat all access data and all data provided by us for the purpose of accessing the Game and Services (login, passwords which should be changed regularly etc.) in a strictly confidential manner and not to disclose them to any third party or allow any third party to use their User Account unless Living Phoenix Entertainment has approved the transfer of the account in writing.
11.7 If a third party uses a User Account after gaining possession of the access data because the User did not sufficiently secure these from third party access, then the User is responsible for any damages or similar caused by the User’s failure.
11.8 The User will inform us via email without delay if he learns or suspects that an unauthorized third party has gained possession of said access data. In case of a justifiable suspicion that access data are known to unauthorized third parties and were used by third parties, then for security reasons Living Phoenix Entertainment has the right but it is not obliged to change the access data at its own discretion and without prior notification. Alternatively, Living Phoenix Entertainment has the right to block the User Account. In the above cases, Living Phoenix Entertainment shall use reasonable efforts to inform the authorized User immediately and upon request about the suspected unauthorized access and it shall provide the new access data within a reasonable time. For security reasons, Living Phoenix Entertainment may require proof of identity before doing so. However, in case the User's email account connected to the Services is compromised, Living Phoenix Entertainment will usually have no means of contacting and communicating with the User. In such cases, the User has no claim for his original access data to be restored.
11.9 The User agrees that he will under no circumstances login into the User Account of any other User.
11.10 The User is not entitled to transfer or sell his User Account to a third party or let a third party use their User Account without the prior written consent of Living Phoenix Entertainment. Any transfer consent of Living Phoenix Entertainment does not entitle to transfer an account for a fee or other consideration, unless this has been expressly permitted in such consent. Users do neither have the right to transfer the User Account to another person nor let another person use their User Account without the prior consent of Living Phoenix Entertainment.
12 Granting of Rights by Users, Content
12.1 By submitting information or content (“Content”) via upload or otherwise, the User acknowledges and accepts that the submitted Content to the Game or our Community can be accessed globally through the internet.
12.2 The User maintains all rights to Content submitted by uploading or otherwise provided by the User.
By submitting Content to the Game, our Community or Service(s), the User grants us a non-exclusive, revocable, license, free of charge, to use the content within the Website and the Game including the Apps and for their promotion including the right to use the content in all known types of exploitation. The granting of rights also covers all unknown types of exploitation. The aforementioned rights include without limitation the following rights:
12.2.1 The right to reproduce, distribute, translate, rent out, exhibit, perform, communicate and make available to the public (by wire or wireless means), broadcast and join content in connection with the Website and the Game in any type and form with other work or products (including advertising), adapt and use such joint and adapted work within the scope of rights set out in this Agreement.
12.2.2 The right to use content not only within the Website and Game itself but also via other internet media and other internet based manner of exploitation, i.e. RSS-feeds, other internet platforms and communities as well as other devices (i.e. mobile phones, game consoles, computers including mobile devices like laptops, PDA, MDA etc.) within the scope of rights set out in this Agreement.
12.3 This provision is not applicable to private messages or private chat.
12.4 In the event the User’s name is correlated with the Content uploaded by Users the Users waive their right to be named as the originator of the content.
12.5 The granting of rights to Living Phoenix Entertainment to use and publish the content within the Game or on the Website is free of charge.
12.6 Users may only upload Content they created and/or hold sufficient rights in (i.e. rights to use and exploit) allowing them the use in accordance with Section 12.2., in particular to communicate the Content and make it available to the public and to adapt and sublicense the content.
12.7 Users may only upload Content, in particular photos which show people other than then themselves, with the consent of these third parties.
12.8 Living Phoenix Entertainment does not assume liability for any Content, data or information provided by the Users of the Game including the Apps or the Website or for the content of external websites accessible by links. In particular Living Phoenix Entertainment does not warrant that this Content, data or information is true, serves a particular purpose or is fit to serve such a purpose.
12.9 Living Phoenix Entertainment merely provides the technical platform to publish the Content provided by Users. Living Phoenix Entertainment does not have control over the submitted Content and does not evaluate the uploaded Content before it is made public. Living Phoenix Entertainment only reviews Content if Living Phoenix Entertainment has been notified that the Content may be illegal. If Living Phoenix Entertainment becomes aware of illegal Content through a notification, then Living Phoenix Entertainment will exercise its rights to delete and immediately remove them or it will block access to this Content and it will investigate and perhaps initiate further sanctions against the User.
12.10 The aforementioned license does not generally end at that time when the contract with the User is terminated or ends otherwise. This license can be revoked by the User at any time. However, the User agrees that Content submitted by the User can in some instances not be removed in order to secure the integrity and well-functioning of the Website and the Game. In such cases, Living Phoenix Entertainment is not required to remove the Content of the User. Living Phoenix Entertainment will nevertheless do its best to minimize the consequences for the User in this regard and may remove the User’s name in connection with the Content.
12.11 Living Phoenix Entertainment will only edit any Content provided by the User if the Content is in breach of these Terms or Game Rules, and the editing can remedy that breach, or for technical reasons to ensure the error-free functioning of the Services.
12.12 The User may remove his contents at any time, subject to the restrictions mentioned above. This license expires accordingly once the User deletes the contents from the Game. Living Phoenix Entertainment is not obliged to provide any means for deletion.
12.13 In the event Users become aware of an illegal use of the Game including the Apps or the Website or of a use against the provisions of these Terms and Conditions the Users shall inform Living Phoenix Entertainment.
13 General Obligations regarding User Conduct and Content
13.1 Users are obliged to... only make public such information or content within the Game and the Website as is permitted to be made available to the public including via the internet that do not breach the rights of third parties, comply with applicable laws and all rights of third parties when using the Services.
13.2 Users are forbidden to... distribute content including but not limited to pictures, videos, links, names, words (including member names, character names, guild names, etc.) (i) which contain political, religious, insulting, offensive, violent, inciting or glorify violence or war, sexist, pornographic, obscene or other objectionable matters, especially including racist, right extremist or left extremist content, persons or depictions; (ii) which are suitable to cause serious moral harm to children and young people or which threaten their wellbeing; (iii) which can damage the reputation of Living Phoenix Entertainment; make public such information or upload content, if applicable, that is racist, inhuman, offensive or immoral, upload, offer or distribute any pornographic content, or to advertise, offer or distribute pornographic products or products contrary to the protection of young persons or make public any such information, harass other Users unreasonably (particularly with spam) i.e. by sending email invitations to other players without their implicit consent, offend other Users or damage the reputation of a third party by making a false or unjust statement, upload content protected by law (e.g. copyright, trademark, patent, or utility model or design law) or to advertise, offer or distribute goods or services without being entitled to do so, advertise services or products provided by themselves or third parties, in particular so called “gold sellers”, block, overwrite, modify or copy the Game and/or the Website completely or in part to more than the extent necessary for the proper use of the Game and the Website, distribute and publish third–party user–generated content with regard to the Game including the Apps and the Website outside of the Game unless this is provided by the Game’ and Website’s features; own user–generated content may only be reproduced if it does not infringe upon the rights of third parties and does not include parts of the Game including the Apps and the Website, act by any means which affects the functionality of the infrastructure of the Game including the Apps and the Website, in particular to overstrain it.
13.3 No Manipulation Users may only play the Game personally. They are not permitted to manipulate the Game or use technical tools that give Users an advantage over other players. In particular Users are forbidden to... modify the gaming experience by using software or mechanisms that may affect the function and the game play unless permitted by the Game Rules, use software playing in place of the player (such as scripts or bots), use measures that may cause an unreasonable or excessive load on technical capacities, use measures that block, override or modify content or otherwise interfere with the Website or the Game, create or use cheats, mods and/or hacks as well as any other third party software that modifies the gaming experience of the Game unless permitted by the rules of the Game, Exchange or trade Virtual Benefits for a real money, digital currency such as Bitcoin, third party digital goods or services, or any other real world assets, use software enabling “data mining” or which intercepts or captures data otherwise in connection with the Website and the Game.
14 Term and Termination, Blocking and Disabling Access (Sanctions)
14.1 Term: This agreement is concluded for an indefinite period of time and ends with its termination. Termination notices must be given in text form (email will suffice).
14.2 Termination by Users. Users may terminate this agreement at any time by sending a termination notice to [email protected]
14.3 Subscriptions for Virtual Benefits, are terminated subject to their respective provisions, and their termination does not automatically terminate this agreement. However, if the User terminates this agreement, this is treated as a notice for cancellation for all Subscriptions subject to their respective provisions.
14.4 If the User only utilizes a trial key for an Account, and the trial key expires, the User will no longer be able to play the Game with the Account in question but can continue to use other active Accounts or Services. Hence, the end of a trial period does not automatically terminate this Agreement.
14.5 Termination by Living Phoenix Entertainment.
14.5.1 Subject to the special stipulations for Subscription, Living Phoenix Entertainment may terminate this Agreement at any time without cause, giving fourteen (14) days’ notice in text form.
14.5.2 The statutory right to terminate this Agreement for a compelling reason with a shorter notice or even without notice shall remain unaffected.
14.5.3 A compelling reason is given if one party, taking into account all the circumstances of the specific case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship for the agreed term or until the expiry of a notice period.
14.5.4 Compelling reasons include for example (without limitation): If the User is engaged in cheating, use of bots, financial fraud or severe abuse of bugs. The User is hereby advised that Living Phoenix Entertainment will, without prior warning, immediately suspend all access of the User to the Game in these circumstances to protect the integrity and reputation of the Game. If the User is culpably in violation of applicable law or of these Terms and Conditions, the Game Rules and/or use rules for Virtual Benefits; If the User is in arrears with the payment of fees due; If the User issues a payment dispute or charge-back; If third parties (e.g. social network operators), through whose registration function the User gains access to his Account at Living Phoenix Entertainment, requests Living Phoenix Entertainment to delete the user data and/or to undertake any comparable actions or limits Living Phoenix Entertainment' access to data.
14.5.5 Living Phoenix Entertainment reserves the right to terminate the operation of the Game in the future. In such an event, Living Phoenix Entertainment will announce the cessation of the game three months in advance and any transition services it may offer in the future for such case.
14.6 Effects of termination.
14.7 Once the termination becomes effective, the Users’ Accounts will be deleted, including any Virtual Benefits still present on these User Accounts and associated Characters. Content posted by the User on the Website will either be removed, or the User’s name associated with the Content will be removed instead. Users may insist on the removal – wholly or in part – of Content provided by them in the event that the Content constitutes either a breach of the Users’ obligations, in particular with regard to their conduct, or if there is a legal obligation to delete, or the Content affects general rights of personality (Persönlichkeitsrechte).
14.8 In case of extraordinary termination by Living Phoenix Entertainment, the User is not permitted to create a new User Account if his account(s) was/were blocked unless he has the express prior written permission of Living Phoenix Entertainment. To enforce this provision, in particular if the User was involved in botting, cheating, advertising for his own or third party services or financial fraud, Living Phoenix Entertainment may retain data necessary to prevent that User from creating additional Accounts to carry out similar violations. Living Phoenix Entertainment may prevent the User from creating additional User Accounts and immediately suspend additional User Accounts created by such User without prior warning.
14.9 If Living Phoenix Entertainment is responsible for the extraordinary termination by the User, then it will only provide compensation for the portions unused Premium Currency and the portions unused Premium Time that count as “bought by the User’s Accounts for real money” as specified in 4.5.3. In this case, Living Phoenix Entertainment will reimburse the User the pro-rated value of Premium Currency and Premium Time still credited to his Accounts and associated Characters. Further claims of the User are excluded unless otherwise specified in these Terms and Conditions.14.10 Sanctions Notwithstanding any statutory or other contractual rights Living Phoenix Entertainment can temporarily or permanently restrict or disable access to the Game or the Services for any Users who are at fault for being in continued, repeated or severe breach of statutes, third party rights, Game Rules or these Terms and Conditions. Living Phoenix Entertainment may temporarily or permanently bar Users according to legal regulations. For example, Living Phoenix Entertainment may restrict the chat functionality or suspend a User from the forum if this User offends other Users in the forum or chat. As another example Users may be banned permanently if they use cheats or bots. Users having had their access disabled or having been banned may not create additional User Accounts without Living Phoenix Entertainment’s prior consent.
Effective June 05, 2020