BullNetwork (hereinafter referred to as "BullNetwork") offers games for various terminal devices via BullNetwork.com and other channels.
Table of contents:
§ 1 Scope
§ 2 Users eligible to participate
§ 3 Registration / date of effectiveness of the Agreement
§ 4 Right of withdrawal
§ 5 Limits of use / prohibited conduct
§ 6 Virtual currency / premium features / payment transactions / data connections
§ 7 Duties and obligations of Users
§ 8 Advancements / quality / roll-back / beta tests / deficiencies
§ 9 Limitation of liability / availability
§ 10 Third party contents / responsibility
§ 11 Intellectual property rights and copyrights / user-generated contents
§ 12 Contractual term, proper termination / virtual domiciliary right / extraordinary termination
§ 13 Sweepstakes / tournaments / competitions
§ 14 Data Protection
§ 16 Miscellaneous
§ 1 Scope
1.2 BullNetwork objects to the validity of any general terms and conditions of users. Any general terms and conditions of users become an integral part of the Agreement only if BullNetwork provided its express consent to them in writing.
§ 2 Users eligible to participate
2.1 BullNetwork offers its games only to consumers. It is prohibited to use the games for commercial purposes. Participation in the games is for entertainment purposes only.
2.2 Only persons of legal age or persons whose legal guardians have provided consent to the use are allowed participation. Expressly barred from participation are persons whose account or game registration has been barred by BullNetwork in accordance with
§ 5.16 – 5.18 or § 12.
2.3 With his/her account registration or participation in a game, the User represents that he/she is of legal age and of legal capacity. If the User is a minor, then the legal guardian must provide consent. BullNetwork is entitled to request at any time written proof of the User's legal age or the written consent of the legal guardian.
2.4 As soon as a minor uses his/her account after he/she becomes of legal age, then all Agreements in connection with him/her concluded before achieving legal age are deemed approved provided he/she does not revoke the approval toward BullNetwork within two weeks upon reaching legal age.
§ 3 Registration / date of effectiveness of the Agreement
3.5 If the User subscribes to services of BullNetwork and the User has to pay for services for a specific period, then he/she concludes a subscription agreement with BullNetwork, which is subject to a fee. In this context, the User's order of a subscription is a binding offer to conclude a subscription agreement. An agreement on the conclusion of a subscription is only effective upon the express acceptance declaration of BullNetwork, which is sent by e-mail.
3.6 BullNetwork is entitled but not obliged to verify the accuracy of the User's information. This may be done by BullNetwork requesting documents to prove the identity such as a personal ID card. BullNetwork is entitled to make the creation of an account subject to such verification.
3.8 Every account is linked to one specific e-mail address. The number of accounts the User can establish is restricted to five. A separate e-mail address must be used for each of the accounts. One account can be used for all games.
3.9 Bull Network reserve the right to terminate anyone service, without any reasons given.
3.10 We reserve the right to disclose anyone details without any prior notice
3.11 Bull Network reserve the right to change its policy without any notification.
§ 4 RIGHT OF WITHDRAWAL
4.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
4.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
4.3 Premature expiration of the right to cancel
In the case of a contract for the delivery of any digital content not delivered on a physical hard drive, your right of withdrawal will expire early if you have expressly agreed that we may begin execution of the contract before the end of the cancellation period, and if you have confirmed your understanding that you will lose your right of withdrawal by consenting to such execution of the contract.
End of these instructions on your right of withdrawal
4.4 Model withdrawal form
To withdraw from this contract of sale, please send us the following information:
§ 5 Limits of use / prohibited conduct
5.2 The participation in the same game by the same User utilizing several accounts or game registrations is possible unless the game rules of the respective game expressly prohibit it. The game rules can limit the User's participation with several accounts and/or game registrations.
5.3 The User is prohibited from transferring his/her account and/or individual game registrations to third parties without the prior written consent of BullNetwork. Any transfer consent of BullNetwork does not entitle to transfer for a fee provided this has not been expressly permitted in the consent. The same applies to individual characters/game figures/avatars, which the user has created within the game.
5.4 The User is not entitled to use any means, mechanisms or software in connection with any game or any other services provided by BullNetwork, which can disturb the function and the game's process. The User may not undertake any action, which can result in an unreasonable or excess load of the technical capacities of BullNetwork. In particular, the User is not permitted to block, overwrite or modify the contents generated by BullNetwork unless BullNetwork has permitted it specifically in writing.
5.5 The User will refrain from anything that could endanger the performance and availability of the games or any other services.
5.6 The User is not permitted to add elements to a game or to change, delete or modify in any other manner any game elements without the express prior written consent of BullNetwork. In particular, the User is not permitted to copy, remove or otherwise utilize any graphic elements or to try to decompile the source code of games. This does not apply to the extent that decompiling has been permitted in accordance with Section 69e of the German Copyright Act (UrhG).
5.7 The User may not utilize any ancillary means, which maliciously modify the game score or the game process (specifically so-called "bots", "hacks" or "cheats"). In addition, the user may not offer or promote such ancillary means. In particular, the User is prohibited from using third party software or other applications to obtain virtual currency, premium features or other benefits such as the systematic or automatic control of a game or of individual game functions. The same applies to the intentional utilization of program errors ("exploits") for one's own benefit.
5.8 The User is prohibited from selling, purchasing, renting, leasing, offering, accepting, disseminating or copying virtual items or virtual currency within and/or outside the games - in whatever form – to third parties unless expressly permitted by the game rules. A system provided by the game or by BullNetwork to trade virtual items and virtual currency of the game, constitutes such an exception. In this case, the transfer of virtual items or virtual currency from one user to the other is only permitted, if the transfer takes place – no matter if within or outside the game – without consideration in exchange or if the consideration consists solely of virtual items or virtual currency of the same game and these are transferred within the game itself by a function provided by the game. The acquisition of virtual currency and virtual items against consideration in any form other than virtual currency and virtual items of the same game is expressly prohibited. If the User trades or exchange virtual currency or virtual items in a large-scale without a comparable value obtained within the game, then it is assumed that the User violates this § 5.8. The User is entitled to provide counter-evidence.
5.9 BullNetwork prohibits such actions because it does not intend to commercialize game content and asset and status positions acquired within games and it would like to ensure that Users always play in a fair manner. Any violation against the above-referenced ban to sell, leads to the immediate block of the User's account.
5.10 The User knows that when he/she plays, he/she plays and communicates with numerous other players. Compliance with the game rules is required to allow good interaction. The User acknowledges bindingly the game rules of the games. The User will comply with the instructions of BullNetwork represented by the administrators of the game. Furthermore, the User will refrain from undertaking anything that disturbs operation of the games and the good interaction of all users.
5.11 By using the services, the User will not violate any applicable legal provisions such as the criminal code and youth protection provisions or third party rights and the User assures not to contribute or transmit any illegal or immoral contents to the games. This includes specifically any contents (including member names, character names, guild names, etc.), which are
- insulting, racist, sexist, pornographic, obscene, inciting, glorify violence or war,
- suitable to cause serious moral harm to children and young people or which threaten their wellbeing,
- which can damage the reputation of BullNetwork and contents,
- suitable to violate copyrights, patents, brands or any other intellectual property rights, the rights on a person's own image and other personal rights or third party rights.
5.12 The User is not permitted to disseminate commercial advertising for third party products or programs, to send unsolicited mass mails and unsolicited advertising in the games. The User will honour the privacy of third parties. In addition, the User is not permitted to disseminate in the games unauthorized any third party work that is protected by copyrights or other rights. Moreover, the User is not allowed to refer to offers with such content.
5.15 Therefore, BullNetwork is authorized to implement suitable measures and programs to uncover any contractual violations of Users. BullNetwork can set a deadline for a written statement for the User, in the event of a justifiable reason. If the statement of the User is unsuitable to dispel the suspicion of a violation or culpable act of the User, then BullNetwork is entitled to assume a culpable violation of contractual duties. BullNetwork reserves the right to check individual actions for plausibility and compatibility with § 5.1 to 5.13 and – if necessary – to stop these actions.
5.16 BullNetwork is entitled to transmit User data and User content to third parties and/or delete these provided it is permitted under legal provisions or mandated by court or government order. The same applies to the disclosure of User information.
5.17 If the User violated culpably the contractual duties and particularly § 5.1 to 5.13, then BullNetwork is entitled to block the access to the User's account or individual games temporarily after prior warning letter and the threat of blocking the account. By blocking the account, the User loses access to his/her account and all games.
5.18 Any warning threatening to block the account can be foregone, if there are special circumstances that justify the immediate block of the access in consideration of mutual interests.
5.19 BullNetwork shall notify the User about the reason for the block. Blocking the account includes the right of BullNetwork to remove immediately from the database and the games all contents and information from the blocked User. Moreover, BullNetwork can resort to other, less stringent measures within the framework of exercising the virtual domiciliary right. Primarily in all violations of § 5.7 to 5.13 BullNetwork can temporarily block the access to forums or block the option to participate in chats.
5.20 English must be used at all time as the median language in the forum. Respective foreign language is only allowed in their own respective country section.
5.21 Without the prior express written consent of BullNetwork, any blocked User is prohibited from creating a new account, if his/her account was blocked, or to register for a game, if the access was blocked. If BullNetwork finds that this ban was violated, then BullNetwork has the right to block this account or game registration permanently without prior announcement.
5.22 If BullNetwork has the right to block the User's access to a game, then BullNetwork is also entitled to block the User's access to further services in connection with this game (such as forums applicable to this game, etc.).
5.23 The provisions of this § 5 do not limit the termination right of BullNetwork – particularly the right to terminate effective immediately – in accordance with § 12. In addition, they do not limit the right of BullNetwork to exercise the virtual domiciliary right.
§ 6 Virtual currency / premium features / payment transactions / data connections
6.2 In general, Users have the option to purchase virtual currency for these games for a fee. In this context, the Users generally acquire virtual currency for one or several specific games. This is dependent on the availability in the account or the game itself. Any virtual currency acquired by the User can be exchanged among others for items and/or other premium features. In addition to receiving virtual currency, BullNetwork can offer Users, depending on the game, the option to utilize premium features in exchange for paying a fee. BullNetwork can offer Users to subscribe to individual or several of the above-referenced services. BullNetwork informs the User of the respective features, requirements and prices of the virtual currency or premium features prior to the User's use in the respective game or on the website of BullNetwork.
6.3 In the event of the conclusion of a subscription agreement, BullNetwork is entitled to debit the User's credit card or bank account for the subscription fees plus any applicable value-added-tax. The content of services and prices of the subscription is specified in the pricing and services' guide effective at the time of the conclusion of the agreement retrievable at any time on the website https://billing.Bullsf.com/index.asp? or in the games. The subscription agreement is concluded for the period specified in the contract documents. The duration of the subscription renews itself automatically by the original period unless the User has terminated the subscription in accordance with § 12.4. The subscription ends automatically and his/her access to games will be restricted to the utilization of the free-2-play features, if the User does not meet his/her payment obligations.
6.4 The games may require different technical equipment (e.g. graphic card, browser, etc.) in order to be able to utilize them without any problems. BullNetwork recommends that the User try out the services prior to purchasing virtual currency, premium features and/or subscriptions. This way, the User can determine whether his/her terminal device meets the technical requirements for trouble-free use of services.
6.5 Children under the age of 7 are excluded from the use of the purchased services. If the User is older than 7 years, but below the age of 18, he/she needs the consent of his/her legal guardian to purchase virtual currency, premium features and/or subscriptions or he/she needs spending money provided by his/her legal guardian at his/her free disposal. For this reason, without prior proof of consent of his/her legal guardian BullNetwork limits the purchase of virtual currency, features and/or subscriptions for these Users to a maximum of EUR 60.00/month.
6.6 The prices as published on the Internet sites of BullNetwork and as specified in the respective shopping carts at the time of the order will apply. Any prices, which may be specified differently on the pages, which are loaded from the cache, are outdated and invalid. BullNetwork is entitled to rescind the agreement if spelling errors and errors in calculation are found on the websites of BullNetwork or in any offers provided by BullNetwork. If orders are processed through an app store, a social network or third party game, then the corresponding terms and conditions apply.
6.7 The User makes an offer to purchase virtual currency or premium features by selecting the type and quantity on the order site and by clicking the order button of the game. The agreement on the purchase becomes effective by BullNetwork fulfilling the order and crediting the account for the respective virtual currency or premium features. In accordance with § 9.8, BullNetwork decides on the acceptance of the offer within 24 hours subject to the availability of the games. With regard to the acquisition of virtual currency or premium features via in-app-purchase in accordance with § 6.11, the terms and conditions of the app store used apply as a matter of priority.
6.12 The payment for virtual currency and premium features are to be paid by the User in advance at the time of the final order confirmation by BullNetwork or a payment service provider utilized by BullNetwork. In the event of default, BullNetwork is entitled to charge late fees at the legal amount, to stop services and to block the User's account. BullNetwork terminating the use agreement effective immediately is considered under the conditions specified in § 12.
6.13 Depending on the User's creditworthiness and the User's country of origin, BullNetwork offers the User various payment options such as account debit or payment by credit card. The User is not entitled to use specific payment methods not already offered. If User utilizes a social game or app store, then User can only use the payment systems established at the respective social network or app store.
6.14 The User shall pay all fees, if User is at fault or User's account is insufficiently covered and consequently BullNetwork receives charge-backs and/or is charged for cancellations by the later cancellation of debits or credit card collections. BullNetwork is entitled to request from User these expenses together with the original fee and to execute a one-time debit for this amount. If the User is responsible for any reverse charges (e.g. for insufficient funds in the User's account), then the User is obliged to reimburse BullNetwork for any proven, reasonable damage BullNetwork sustained thereby. If the direct debiting system or a credit card is used for payment and reverse charges apply, then BullNetwork will charge the User a flat fee of € 10.00, which is the expense BullNetwork is invoiced by third parties. The User can prove that BullNetwork did not sustain its claimed damage or the claimed damage was significantly lower than the flat fee. BullNetwork' claim for additional damages shall remain unaffected thereby.
6.15 The User can only set-off any fees if the counterclaims against BullNetwork are undisputed or legally determined by a court of law. The User may only exercise the right of retention, if the counterclaim is based on the same contractual relationship. The User's assignment of claims against BullNetwork to any third parties is excluded.
6.16 BullNetwork can offer the User alternative payment methods, by which the User uses third party services and which may require considerations other than monetary payments. To the extent, the User utilizes third party services the User concludes an additional agreement between the User and the corresponding third party. Such agreements may potentially include third party terms and conditions. The contents of these agreements and these terms and conditions are beyond the influence of BullNetwork and BullNetwork has generally no knowledge of these contents.
6.17 Games can be played via landline connections and mobile data connections. BullNetwork points out specifically that the games require in part a high data volume and the User may incur costs payable to the operator of the data connection. The prices for the utilization of data are described in the corresponding provider's description of services. BullNetwork cannot provide any support in connection therewith.
6.18 BullNetwork is entitled to reduce and/or increase the prices for virtual currency and premiums features or it may offer new products, services, or invoicing modalities permanently or only for a limited time. BullNetwork will notify the User by e-mail or within the game of any subscription price changes. These changes are deemed accepted by the User, if the User has not objected to the price changes in part or in whole in writing or by e-mail within six weeks upon receipt of the information on the price change. In this notification, BullNetwork will inform the User expressly about the consequences of his/her reply. Irrespective thereof, the User can also exercise his/her right to termination as described in § 12.
§ 7 Duties and obligations of Users
7.1 The User's primary duty is the payment of any fees that are potentially due and payable. Another primary duty of the User is the duty to ensure the data provided to BullNetwork at the time of the conclusion of the agreement or during the further contractual relationship is accurate and complete. Therefore, the User assures that the information he/she provides about his/her person within the framework of the contractual offer or the conclusion of the agreement or in the continuation of the contractual relationships and other contractual circumstances, specifically the banking information and credit card number, are complete and accurate.
7.2 BullNetwork protects its systems against virus attacks. Despite all precautions, a virus attack can never be fully excluded. In addition, it may happen that unauthorized third parties send e-mails using the name of BullNetwork without consent of BullNetwork. These e-mails may for example contain viruses or so-called spyware or links to web contents that contain viruses or spyware. These acts are beyond the influence of BullNetwork. Therefore, the User should scan for viruses all incoming e-mails sent under the name of BullNetwork. The same applies to e-mails of other Users.
7.3 BullNetwork is not responsible for damages or the loss of data, which can occur on the User's terminal device by installing software that is not from BullNetwork.
7.4 The User agrees to keep strictly confidential the access data (login data, passwords, etc.) required to access the games and not to disclose them to any third party unless BullNetwork has approved the transfer of the account in writing or has consented to the game registration beforehand in writing.
7.5 The User agrees that User will under no circumstances participate in unauthorized use of the mobile terminal device, the account or game registration, the login name or password of any other user. If a third party uses an account or a game registration after gaining possession of the access data because User did not sufficiently secure these from third party access, then the User must allow being treated as if he/she has acted on his/her own. The same applies to the third party use of any mobile terminal device. If the User does not play games with his/her own mobile terminal device or his/her own data connection then User must obtain consent from the respective owner. For this event, User guarantees BullNetwork that such consent was provided.
7.6 The User will inform BullNetwork immediately as soon as he/she becomes aware that unauthorized third parties have knowledge of the access data or unauthorized third parties use his/her mobile terminal device. BullNetwork points specifically out that for security reasons access data should be changed regularly.
7.7 In case of a justifiable suspicion that access data are known to unauthorized third parties or mobile terminal devices were used by third parties, then for security reasons BullNetwork has the right but it is not obliged to change the access data at its own discretion but without prior notification or BullNetwork has the right to block the account or game registration. In this case, BullNetwork informs the authorized User immediately and upon request, it provides the new access data within a reasonable time. The User has no claim for his/her original access data to be restored.
7.10 BullNetwork points out expressly that customer service representatives and personnel ordered to monitor compliance with game rules are not authorized to agree on any changes to the use agreement. This affects specifically hosts, game masters and customer service representatives.
7.11 The User is obliged to maintain his/her terminal device in a condition that allows using the games. BullNetwork provides system requirements and compatibility information to the best of its knowledge. To use the games, the User's terminal device must comply at least with the minimum system requirements and he/she must have an Internet connection; neither is provided by BullNetwork. Due to the multitude of terminal devices, system configurations, network operators and operating systems, it is impossible for BullNetwork to check and ensure the games ability to work in all constellations. BullNetwork recommends the User to consult in addition to the system requirements and compatibility information published by BullNetwork in accordance with the best of its knowledge to consult also discussion forums and lists with frequently asked questions (FAQ) about the respective games. It can happen that games cannot be used with all browsers, mobile terminal devices or connected devices or games may subject to limitations even if this is not specifically stated in the system requirements and the compatibility information.
§ 8 Advancements / quality / roll-back/ beta tests / deficiencies
8.1 It is in the nature of the offered games that these are continuously advanced and updated. Changes can be the result of loading updates, which ensure and improve playability. By changing and advancing games, BullNetwork intends to provide Users fun with the games for as long as possible. Therefore, BullNetwork grants the User access to games in their available form or version. Changes and advancements can affect system requirements and compatibility requirements. The User has no claim for maintaining or reconstruction of a specific condition of scope of services of the game. Any of the User's claims for deficiency, which refer to the technical playability of the game itself, shall remain unaffected thereby. Due to the continuous advancement of the games, BullNetwork reserves the right to offer new virtual currencies and premium features and/or to remove them from the offer, to change them or to provide them in the free base version. The User consents for BullNetwork and its licensors to change the games and virtual currencies continuously and to add, delete, re-introduce and change premium features. In addition, the User consents for BullNetwork and its licensors to be able and to change properties, functions, or capacities of every game element or the virtual currencies and premium features at their own discretion (which can improve or reduce the effectiveness and function of premium features significantly, which can change their distribution or which can remove them entirely). If the User paid already for a future period for virtual currency or premium features and he/she can no longer use these for the above-referenced reasons or these are also provided for the free basic version, the BullNetwork will offer other virtual currency or premium features for the game and/or reimburse prorated the User for the amount according to the User's choice. In these cases, the User has the right to terminate the use agreement effective immediately. Further claims of the User are excluded in this context.
8.2 BullNetwork points out that the games are in accordance with the state of the art but any absence of defects in the games cannot be guaranteed. For this reasons, the User must take into consideration that games do not work flawlessly in each function. BullNetwork tries its best to provide games without glitches, which ensure complete playability of games. However, any minor software glitches in the games - as with any software - cannot be completely excluded. The User can only claim any damages for deficient games if playability or use is seriously and lastingly impaired.
8.3 The User knows that games can be subject to technical limitations. This applies specifically to the maximum memory capacity or maximum size of data and the maximum number of news and publications.