General Terms and Conditions

This game is published by Travian Games GmbH, Wilhelm-Wagenfeld-Straße 22,

80807 Munich, hereinafter referred to as “TRAVIAN GAMES”. The services provided
within the framework of this game are provided exclusively on the basis of these
Terms and Conditions (the “terms”).

General information:
The publisher of the game and the website is Travian Games GmbH (Munich Dis-
trict Court, HRB 173511), Wilhelm-Wagenfeld-Straße 22, 80807 Munich, Ger-
many.
Managing Director: Jörg Strathaus, Frederik Hammes
In the event of any problems with the website, the game, or the purchase of cred-
its, you can reach our customer service at [email protected]. This
shall not incur any costs with the exception of those associated with sending the
email. Customer service will usually respond to your inquiry within 24 hours. You
may only communicate with customer service in the language of the relevant game
world of the game.
The statutory liability for defects shall apply; only the claim to compensation is
limited in accordance with § 13. Please also note §§ 12 and 13 with additional
information in this connection.
You can find out about the European Commission’s Online Dispute Resolution
(ODR) platform here: http://ec.europa.eu/consumers/odr. At present, we do not
use alternative dispute resolution (ADR), including through the ODR platform, as
a means of settling consumer complaints. If you have a complaint, please contact
us directly at [email protected].

1. Scope of application

(1) We hereby expressly object to the applicability of any terms and conditions
of the users of the games (hereinafter “user”). Any terms and conditions of
users shall only apply if TRAVIAN GAMES has provided its previous written
consent.
(2) In addition to these terms, the relevant applicable game rules, the relevant
applicable rules of the forums applicable, the data protection regulations
and the game instructions displayed on the website of the game shall apply.
(3) These terms are published exclusively on the websites of the game. The
user can also download and save them onto their hard disk, store them on
a permanent data carrier or print them out. These terms have also been
saved by TRAVIAN GAMES.
(4) The terms apply to all users of the game. Once the user has accepted the
game user contract, he accepts such as binding. When registering for the
game the user will be asked to accept the terms, which shall apply to any
use of the game.
(5) TRAVIAN GAMES offers the game solely to consumers as defined by § 13
of the German Civil Code (BGB). Use of the game for profit-making or other

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 commercial purposes is prohibited. Only persons aged 18 years at the time
of registration are entitled to participate in the game. Minors are only enti-
tled to participate in the game if the consent of their legal representative
has been granted prior to registration for the game. When registering, the
user expressly confirms that he has reached the age of 18 and, for minors,
that the consent of their legal representative has been obtained.

2. Amendment to the terms by TRAVIAN GAMES

(1) TRAVIAN GAMES reserves the right to amend or supplement these terms
at any time to take effect in the future should this be considered necessary
on justifiable grounds (in particular to adapt them to comply with changes
to the legal status and legislation or to new technological developments, to
close any regulatory loopholes and to expand the scope of services of TRA-
VIAN GAMES). Should such amendment substantially disrupt the contrac-
tual balance between the parties, the amendment shall be omitted.
(2) The user shall be notified of any amendments to these terms in an appro-
priate manner. Such notification shall either be carried out on the TRAVIAN
GAMES website, whereby a new window will appear when the user logs into
the launch page or game platform, by sending an in-game message to the
user's own game account or by email to the email address specified by the
user. In all cases, the user shall also be informed of the amendment
through a highlighted notification the next time he logs into the website or
starts the game.
(3) The user can object to the amendments to the terms in writing within one
(1) month after the notification and accessibility of the information, i.e. by
sending an email to [email protected] to state the objection.
(4) Should the user not object to the amended terms within a period of one (1)
month after the notification and the accessibility of the information to TRA-
VIAN GAMES, the amended or supplemented terms shall become binding.
(5) Should the user object within the period of notice, TRAVIAN GAMES shall
be entitled to terminate the contract with no prior notice, resulting in the
deletion of the game account. The original terms shall continue to be valid
up until the time of the termination of the contract. In this event, the user
may demand that the fee paid for credits previously activated but not used
(see §§ 5 and 6) be reimbursed or that such credits be transferred to an-
other game world; Credits shall be transferred only to game worlds of the
same game and country version where the Credits have been purchased.
The user can request reimbursement of credits allocated to premium fea-
tures (see § 9) that were activated and for which the period of use had not
yet commenced at the time the game or game world was discontinued. The
credits allocated to previously activated premium features for which the
period of use had commenced at the time the game or game world was
discontinued will not be reimbursed.
(6) In the notification of the amendments, TRAVIAN GAMES will specifically
draw the user’s attention to right to object and terminate the contract, the
period of notice and the legal consequences, in particular the consequences
of a failure to object.

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 3. Description of the service

(1) The service of TRAVIAN GAMES comprises the provision of the game itself.
TRAVIAN GAMES may enable the user to purchase credits for a fee which
entitle the user, at their discretion, to activate premium features that pro-
vide additional functions and game options, and may create advantages in
the game and in the gaming activities. Credits only apply to the game, the
relevant national game world and to the game account from which they
were purchased. Credits cannot be exchanged or returned, notwithstanding
rules on liability, warranties, and the right of revocation. Please see §§ 5
and 6 for more details on credits and § 9 for more details on premium
features.
(2) The use of the game is only available to users who have accepted a game
user contract; if the game has to be purchased, the use of the game is only
available to users who have purchased the game and accepted a game user
contract. The use of the game is enabled from the time a game user con-
tract has been entered into. For this purpose, the user will receive a single,
non-transferable right to use the functions of the game in its current ver-
sion. The user is not automatically entitled to a game user contract. Not-
withstanding different regulations that apply to each game or game world,
the user may only have one game account. Please see § 4 for more details
regarding the conclusion of a game user contract.
(3) The game and the game worlds, the value of the credits and the premium
features are continuously updated, amended, extended and modified to en-
sure the game retains the interest of as many users as possible in the long
term. Therefore, the user only obtains a right to use the game, credits and
premium features in their current version at a given time. The user has no
right to request retention of the game, credits and premium features in the
version current at the time of accepting the contract.
(4) Should TRAVIAN GAMES subdivide a game into individual game worlds,
and/or organize the game or game worlds in game rounds or as a continu-
ally developing game and reset such game or game world at the end of a
game round, the user is not entitled to keep the game situation or position
they have reached at this time or to have it transferred to a different game
world. Nor is the user entitled to transfer his game account to another game
world. The term “game round” will also be used below if the game is de-
signed as a continually developing game over the long term; in this case
the term “game round” is intended to mean the “duration of the game”.
The same principle applies to the term “game world”.
(5) At the end of the game round, the user may request that any previously
activated but unused credits be transferred to another game world; Credits
shall be transferred only to game worlds of the same game and country
version where the Credits have been purchased. The credits allocated to
previously activated premium features for which the period of use had not
yet commenced at the time the game or game world was discontinued, will
be reimbursed. The credits allocated to previously activated premium fea-
tures for which the period of use had commenced at the time the game or
game world was discontinued will not be reimbursed. The transfer of credits
will take place by sending an email. The user shall be responsible for en-
suring that he does not lose the email.

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 (6) TRAVIAN GAMES reserves the right to discontinue the operation of the
game or of individual game worlds at any time without having to state the
grounds for such. TRAVIAN GAMES will provide appropriate prior notice of
the discontinuation of the game or the game world operation.

4. Conclusion of the game user contract via registration

or download

(1) Membership commences upon conclusion of a game user contract by TRA-

VIAN GAMES.
(2) By completing the registration form or starting the download process of the
game in an app store, the user makes a binding offer to enter into a game
user contract for an indefinite period.
(3) The user must register personally. Registration by third parties, in particu-
lar third parties who register individual persons with various telemedia pro-
viders for commercial purposes (registration services or entry services), is
not permitted.

5. Purchasing credits

(1) TRAVIAN GAMES may provide the user a service in the game that enables
them to unlock premium features ("credits") (§ 9). Credits are a game unit
that allows the user to unlock premium features. Credits are purchased by
the user for a fee and can also, at the discretion of TRAVIAN GAMES, be
unlocked by certain actions the user carries out in the game.

(2) The user has the option of accessing the game shop via the credits symbol,
where a range of credit packages are available to purchase at varying costs.
All offers presented there are non-binding and only represent an invitation
to place an order. In addition to the various payment methods, information
is displayed on the period in which the credits will be credited. The key
contract information is also summarized again at a further stage. Here the
user has the opportunity to identify and correct any input errors by changing
the package size or payment method for instance. The user can cancel this
order process at any time without consequences by closing the window and
restarting the process. A binding offer for the purchase of the credit package
selected is given to the user once he clicks the “Buy” button. Another page
also opens when the user clicks the “Buy” button where the user must enter
all the information required to transact the payment. The credits purchased
will be credited immediately after the payment is verified.
(3) TRAVIAN GAMES is permitted to request advance payment for the purchase
of credits. The number of credits to be allocated, the game money to be
used and the conditions of the respective premium features are displayed in
the appropriate list in the game.
(4) TRAVIAN GAMES does not store the contract text for orders. However, users
shall receive email confirmation of their order, which contains the text of
the contract. The language available for the text of the contract is the re-
spective language of the game world of the game.

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(5) The value of credits varies according to the tariff chosen and can be modified
at any time. The prices stated on the website at the time of the order shall
apply. All prices are given including the value added tax (insofar as value
added tax is levied). Dispatch costs are not incurred. The current technical
and other requirements are listed on the game's website.
(6) Should TRAVIAN GAMES incur any chargeback costs or cancelations arising
from the user’s conduct, TRAVIAN GAMES shall suspend any services and
block the user’s game account with immediate effect. The user’s obligation
to pay any outstanding fees shall remain unaffected. The user may unlock
his account upon payment of the fees due, plus a processing fee. The user
shall also bear any costs for the repayment of the fees due and chargeback
costs. The chargeback costs shall be in a sum equivalent to €5. The user
may provide evidence that no damages or costs were incurred or that such
were substantially lower. Game accounts cannot be unlocked in the following
countries: Egypt, Algeria, Armenia, Azerbaijan, Bahrain, Djibouti, Indonesia,
Iraq, Yemen, Jordan, Qatar, Kuwait, Lebanon, Libya, Morocco, Mauretania,
Oman, Autonomous Palestinian Territories, Saudi Arabia, Somalia, Sudan,
Tunisia, United Arab Emirates, Vietnam and Western Sahara.
(7) Any credits for activated premium features whose period of use had com-
menced shall be reimbursed proportionately for the duration of the blocking
of the account. Thus, any benefits the user has obtained from the premium
features while their account was blocked will be incorporated in the reim-
bursement.

6. Right to use credits

(1) When the user’s game account is credited with credits, the user is granted
a single right of use for the credits purchased for the duration of the game
round. Regarding the transfer of credits, the term “sell” shall mean the
“transfer to the user of a single, non-transferable right of use for the credits
for the duration of the game round, for which a return service must be pro-
vided”, unless otherwise stipulated in the wording or context used. The term
“buy” therefore means the “acquisition by the user of a single, non-trans-
ferable right of use for the credits for the duration of the game round”. The
terms “buyer”, “seller”, “sale” and “purchase” and similar terms have cor-
responding meanings.
(2) Credits are only valid for the relevant national game world from which they
are purchased or to which they have been transferred. The user acknowl-
edges that credits are solely a game function and are not real money. TRA-
VIAN GAMES reserves the right to set up a program to exchange credits for
real money or to allow such exchange between users. Details can be found
in the game rules of the respective game. If TRAVIAN GAMES has neither
set up such a program nor allowed such exchanges, any trading or exchange
of credits for real money is prohibited (for clarification: if the game rules do
not address this topic, the trading or exchange of credits for real money is
prohibited). Any return of credits is not permitted, except in the cases stip-
ulated in § 2 (5) sentence 3 and § 7, and irrespective of the liability and
warranty regulations as well as any right to revocation.
(3) Notwithstanding any other agreements and the rights of TRAVIAN GAMES,
the right to use credits shall end in any case when the existing game user

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 contract between TRAVIAN GAMES and the user expires, especially if such
contract is terminated. In this event, the user may request that any previ-
ously activated but unused credits be transferred to another game world;
Credits shall be transferred only to game worlds of the same game and
country version where the Credits have been purchased.

7. Notice of revocation

Right of revocation

You have the right to withdraw from the game user contract, the contract
for the purchase of the game, and the contract for the purchase of credits
within fourteen days without indicating a reason.

The withdrawal period will expire after 14 days from the day of contract
conclusion.

To exercise your right of withdrawal, you must inform us (Travian Games

GmbH, Wilhelm-Wagenfeld-Straße 22, 80807 Munich, Germany, tel. +49
(0)89 324915-0, fax +49 (0)89 324915-970, [email protected])
of your decision to withdraw from this contract by means of an unequiv-
ocal statement (such as a letter sent by post, fax or email). You may use
the attached template withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your com-
munication concerning your exercise of the right of withdrawal before the
withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all pay-
ments received from you, including the costs of delivery (with the excep-
tion 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.

End of the notice of the right of withdrawal

Revocation form template

(In the event you wish to withdraw from this contract, please com-
plete this form and send it back to us.)

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 - To: Travian Games GmbH, Wilhelm-Wagenfeld-Str. 22, 80807 Mu-
nich, Germany, tel. +49 (0)89 324915-0, fax +49 (0)89 324915-970,
[email protected]:

I/we (*) hereby give notice that I/we withdraw from my/our con-
tract of sale of the following goods / for the provision of the following
service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if this form is notified on paper)
- Date

(*) Delete as appropriate.

Special notice:

The right to revocation shall expire prematurely for contracts for the de-
livery of digital content not stored on a physical data carrier, if TRAVIAN
GAMES has already begun executing the contract, after the user

1. has given their express consent that TRAVIAN GAMES may begin
execution of the contract before expiry of the withdrawal period,
and
2. has acknowledged that they shall lose their right of withdrawal by
providing their consent to start contractual execution.

When sending a notice of withdrawal via email, the user is advised to state the
username, game account and the game world (if applicable) in the subject line of
the email.

8. Offsetting, rights of retention

The user may only offset counterclaims against receivables due from TRAVIAN
GAMES if such are undisputed or legally established. The user may only exercise
a right of retention if his counterclaim relates to the same contract. The user may
not assign any claims against TRAVIAN GAMES to third parties.

9. Premium features

(1) Credits enable the user to unlock premium features during the game. TRA-
VIAN GAMES reserves the right to require that game money (§ 10) be used
to unlock premium features.
(2) TRAVIAN GAMES offers premium features for the game to its users at its
discretion. In particular, premium features may include the following:
Item: Virtual item which is available to the user during the game
round (e.g. furniture);

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 Artifact: Virtual item which is available to the user during the game
round or for a shorter period and provides one or more advantages
for the user during the game (e.g. armor with special features);
Buff: Additional function which provides one or more one-off ad-
vantages for the user during the game (e.g. calling NPC (“non-player
character”) traders);
Boost: Additional function which provides one or more advantages for
the user during the game for a certain period (e.g. improved extrac-
tion of raw materials);
Premium membership: Additional function which enables the user to
have an extended range of game functions (e.g. access to statistics);
Trading Cards: Virtual collecting cards which represent a random
compilation of premium features of the same or different type; each
Trading Card represents a premium feature;
Wheel of fortune: Purchase of a randomly selected premium feature
using credits or game money.
The website of the relevant game world shows the premium features available, the
tariff, their functionalities and what is required for them. TRAVIAN GAMES reserves
the right to introduce new premium features.
(3) Insofar as TRAVIAN GAMES offers trading cards, TRAVIAN GAMES shall en-
sure that the value of the trading cards acquired is equivalent to the credits
allocated. TRAVIAN GAMES reserves the right to make a system available
for the game or individual game worlds within which the user can exchange
individual or several of the Trading Cards he has acquired for one or several
new Trading Cards and/or credits.
(4) Insofar as TRAVIAN GAMES offers a wheel of fortune, TRAVIAN GAMES shall
ensure that the value of the premium features acquired is at least equivalent
to the credits used.
(5) TRAVIAN GAMES reserves the right at any time to offer new premium fea-
tures, to modify individual premium features, or to cease offering them. In
this event, TRAVIAN GAMES will offer other features as a replacement
and/or credit the credits allocated to the user at the user’s request had pre-
mium features been activated for which the period of use had not yet com-
menced at the time of the modification or at the time these are no longer
offered in the future. Previously activated premium features for which the
period of use had commenced at the time of the modification or the future
failure to offer will not be reimbursed.
(6) TRAVIAN GAMES reserves the right to set up a program to exchange pre-
mium features, accounts, virtual items or credits for real money, or to allow
such exchange between users. Details can be found in the game rules of the
respective game. If TRAVIAN GAMES has neither set up such a program nor
allowed such exchanges, any trade or exchange of premium features, ac-
counts, virtual items, or credits for real money is not permitted (for clarifi-
cation: if the game rules do not address this topic, the trading or exchange
of premium features, accounts, virtual items, or credits for real money is
prohibited).
(7) If the game user contract existing between TRAVIAN GAMES and the user
ends (such as by termination or the discontinuation of the game or a game

8
 world), previously activated premium features for which the period of use
had commenced at the time of cancellation will not be reimbursed, even if
their period of use had not yet expired. The user may request to be credited
the credits for previously activated premium features for which the period
of use had not yet commenced at the time of such termination.

10. Game money

TRAVIAN GAMES may provide a service to the user in the game which simulates a
means of payment within the game (“game money”). Game money is unlocked
when the user carries out certain actions in the game. The user acknowledges that
game money is solely a game function, and not real money. TRAVIAN GAMES
reserves the right to set up a program to exchange game money for real money
or to allow such exchange between users. Details can be found in the game rules
of the respective game. If TRAVIAN GAMES has neither set up such a program nor
allowed such exchanges, any trade or exchange of game money for real money is
prohibited (for clarification: if the game rules do not address this topic, the trading
or exchange of game money for real money is prohibited).

11. Obligations of the user

(1) A user may not have several accounts for one game world simultaneously.
However, the user is permitted to have one game account in several game
worlds simultaneously. TRAVIAN GAMES reserves the right to allow several
game accounts per user for a game or individual game worlds. In this event,
TRAVIAN GAMES shall indicate this in an appropriate manner to the user.
Accounts may not be sold, traded, gifted, or otherwise transferred at any
time under any circumstances unless explicitly authorized by TRAVIAN
GAMES. A user may not share their account. A user may not disclose their
password to anyone else.
(2) The user undertakes to comply with the laws and regulations applicable to
him when using all the games and websites operated by TRAVIAN GAMES.
He undertakes to comply with the game rules applicable. Furthermore, he
undertakes to refrain from the following actions:
• Dissemination of statements with abusive, harassing or violent content or
with content glorifying violence or with inflammatory, sexist, obscene, por-
nographic, racist, morally reprehensible content or with other offensive or
prohibited content (which includes all names within the game e.g.
username, name of the avatar, name of the village, town, alliance, guild,
tribe, clan, vehicle, island, association, etc.).
• The insulting, harassment, threatening, frightening behavior against, or def-
amation and embarrassment of other users.
• Dissemination of statements with advertising, religious or political content
(which includes all names within the game e.g. username, name of the av-
atar, name of the village, town, alliance, guild, tribe, clan, vehicle, island,
association, etc.).

9
• The spying, disclosure or dissemination of personal or confidential infor-
mation of other users, employees of TRAVIAN GAMES or any other disregard
of the private sphere of other users or employees of TRAVIAN GAMES.
• Dissemination of untruthful allegations about the race, religion, sex, sexual
orientation, origin, social status of other users or employees of TRAVIAN
GAMES (which includes all names within the game e.g. username, name of
the avatar, name of the village, town, alliance, guild, tribe, clan, vehicle,
island, association, etc.).
• The spying out, disclosure or dissemination of confidential information of
TRAVIAN GAMES.
• Dissemination of untruthful allegations about TRAVIAN GAMES (which in-
cludes all names within the game e.g. username, name of the avatar, name
of the village, town, alliance, guild, tribe, clan, vehicle, island, association,
etc.).
• Pretending to be an employee of TRAVIAN GAMES or an affiliated company
or partner of TRAVIAN GAMES.
• Use of legally protected pictures, photos, graphics, videos, music tracks,
sounds, text, brand names, titles, names, software or other content without
the consent of the holder(s) of the rights or having permission to do so by
law or legal provision.
• Use of prohibited or illegal content.
• Use of errors in the programming (bugs).
• Actions leading to an overload of the servers and/or can considerably ad-
versely affect the game play for other users.
• Hacking or cracking and the encouragement or incitement to carry out hack-
ing or cracking.
• Dissemination of pirated software and the encouragement or incitement to
disseminate pirated software.
• Uploading of files containing viruses, Trojan horses, worms or destroyed
data.
• Use or dissemination of “auto” software programs, “macro” software pro-
grams or other “cheat utility” software programs.
• Modification of the game, the websites of the game or parts thereof.
• Use of software that enables what is referred to as “data mining” or in any
other manner intercepting or gathering information related to the game.
• Disruption of transmissions from and to the game servers and the website
servers of the game.
• Disruption of transmissions from and to the game servers and the website
servers of the game.
(3) The user undertakes to comply with the rules of the game.
(4) TRAVIAN GAMES only provides a platform for communication between play-
ers; the user is responsible for the content of such communication. The
platform is solely provided for communication regarding the game. The
flooding of the communication platform with messages, chain letters, snow-
ball systems or any other form of spamming is strictly forbidden.

10
(5) Any additional use via additional programs, scripts or other supporting tools
is expressly prohibited.
(6) The game and game worlds are intended to provide as much fun for all users
for as long as possible. Hence, TRAVIAN GAMES wishes that users comply
with stipulations (1) to (5) of such rules and obligations. TRAVIAN GAMES
therefore reserves the right to use the appropriate programs and trained
personnel to detect any such contractual violations by the user, and to iden-
tify the user in the event of any reasonable suspicion of a breach of contract.
Users are expressly advised to consult the TRAVIAN GAMES Privacy Policy.
(7) Violation of any of the rules and obligations set out in (1) to (5) may be
punished with the withdrawal of the game progress and/or an immediate
temporary block on the game account, depending on the nature of the vio-
lation. Should a violation be detected, one of the appropriately trained TRA-
VIAN GAMES employees shall decide in good faith on the consequences of
such violation in each individual case. The user accepts that the decision of
the employee is final. In addition, the user accepts that TRAVIAN GAMES
cannot disclose the mechanisms used for detecting violations, as such mech-
anisms could be easily circumvented.
(8) Violation of any of the rules and obligations set out in (1) to (5) may, after
a prior warning notice, lead to an immediate block or deletion of the game
account or a termination with immediate effect of the game user contract
on justifiable grounds. In the event of serious violations, a warning is not
necessary. A violation is considered serious particularly if, when considering
all the facts and circumstances of the individual case and taking the interests
of both TRAVIAN GAMES and the user into account, TRAVIAN GAMES cannot
be reasonably expected to anticipate further violations.
(9) TRAVIAN GAMES reserves the right to prohibit the user to register for the
game again in future following a permanent block or deletion of the game
account or an extraordinary termination of the game user contract.
(10) The user must ensure that the access password he received remains secret
and, for security reasons, change his password regularly. Should a third
party access the user’s game account after acquiring the access data be-
cause the user failed to adequately secure such data from access by other
users, the user shall be treated as if he himself had acted. The user is enti-
tled to provide evidence that he has not acted, and that he has adequately
secured the game account from access by other users.
(11) Unless otherwise specified in these terms or in any other agreement with
the user, TRAVIAN GAMES shall normally communicate with the user by
email. The user shall ensure that he receives emails sent by TRAVIAN
GAMES to the email address supplied by the user at the time of registration
or at a later date. This shall be ensured by appropriate settings of the spam
filter and by checking the relevant email address regularly. In other respects
TRAVIAN GAMES reserves the right to select the form of correspondence for
any other written communication.
(12) When the user contacts TRAVIAN GAMES, the user is advised to state his
player's name, the game world and the game account to which his inquiry
refers.

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 12. Game defects

(1) TRAVIAN GAMES provides use of the game and the websites of the game to
the user in the version existing at the respective point in time. Without prej-
udice to any claims in the event of defects in the game or in the websites of
the game, the user is not entitled to request that a certain state and/or
functional scope of the game be retained or established. The user is likewise
not entitled to request that the game is never offline, such as for mainte-
nance works.
(2) As a contribution to the correct operation of the game, the user is advised
to always appropriately document any defects that occur in the game or in
any other deliveries or services of TRAVIAN GAMES and, in particular, to
report them, documenting any error messages that occur.
(3) For the user's own protection, and in particular for reasons of securing evi-
dence, the user is recommended to direct any notices of defects in writing
to TRAVIAN GAMES.
(4) TRAVIAN GAMES shall not assume any guarantees in the legal sense, unless
expressly otherwise agreed in writing.

13. Liability of TRAVIAN GAMES

(1) In the event the user does not have to purchase the game, and does not
purchase any credits for a monetary fee during their use of the game, TRA-
VIAN GAMES shall only be liable for damages incurred through the contrac-
tual use of the game and only in the case of intent (including bad faith) and
gross negligence. In cases of legal defects TRAVIAN GAMES shall also only
be held liable for defects that were fraudulently concealed. Otherwise para-
graphs (5) to (8) shall apply.
(2) In all other cases, the regulations of the following paragraphs (3) to (8) shall
apply for the liability of TRAVIAN GAMES until the end of the respective
game round in which the user purchased the credits for a monetary fee.
(3) TRAVIAN GAMES shall have unlimited liability in the event of intent and
gross negligence. In addition, TRAVIAN GAMES is further liable for the neg-
ligent breach of essential contractual obligations. Essential contractual obli-
gations are defined as such obligations that enable the proper implementa-
tion of the contract in the first place, the breach of which jeopardizes the
fulfillment of the object of the contract and the fulfillment of which the user
may rely on. In the latter case, however, TRAVIAN GAMES is not liable for
damage which is not typical and could not be foreseen. The limitation period
for claims stipulated in sentences 2-4 is two years. TRAVIAN GAMES is not
liable for any simply negligent breach of other obligations.
(4) The foreseeable damage is restricted in terms of amount to €100 per game
account.
(5) The limitations and exclusions of liability above shall not apply for the con-
cealment of a defect in bad faith, in the event of death, physical injury and
impairment of health or in the event that TRAVIAN GAMES accepts a guar-
antee. The liability of TRAVIAN GAMES based on the Product Liability Act
remains unaffected.

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(6) In other respects, any liability for the recovery of the user's data is restricted
in terms of amount to the costs required to recover data which would have
been lost even if reasonable data back-up measures had been carried out
on a regular basis or which can be recovered from machine-readable data
material at a reasonable expense even if no reasonable data back-up
measures were carried out in any other manner on a regular basis.
(7) The limitations and exclusions of liability above shall also apply with regard
to the liability of the legal representatives, vicarious agents and employees
of TRAVIAN GAMES.
(8) Any amendment to the burden of proof to the disadvantage of the user is
not bound by the abovementioned regulations.

14. Contract duration, termination

(1) The contract between the user and TRAVIAN GAMES is for an indefinite pe-
riod unless otherwise determined in the specific offer of TRAVIAN GAMES.
(2) The game user contract may be terminated at any time with immediate
effect by both parties without having to state the grounds for such, unless
a fixed-term notice period has been expressly agreed.
(3) The right of the parties to a termination with notice of the game user con-
tract on justifiable grounds remains unaffected by the provisions above. Ex-
traordinary termination with no prior notice on justifiable grounds is only
permitted when such grounds are stated.
(4) Without prejudice to § 8 (8), in particular TRAVIAN GAMES is entitled to give
notice of cancellation of the game user contract on justifiable grounds, if:
• the user has not used his game account for a period described in
detail in the game rules following notification of such from TRAVIAN
GAMES;
• the user engages in real-money transactions outside of a program set
up by or without the permission of TRAVIAN GAMES (for clarification:
TRAVIAN GAMES is not obliged to set up such a program or to allow
real-money transactions, and if TRAVIAN GAMES has not set up such
a program or has not given permission, real-money transactions are
prohibited).
(5) For technical reasons, a period of several days will elapse before the per-
manent deletion of the user's data and the game account.
(6) The termination of a game user contract and/or game account must be
made in writing. Fax or email is also considered a valid written form.
Should the game user contract be terminated, no exchange of game money for
real money shall ensue; this also applies to credits, except as described in § 2 (5).
Please see § 9 (7) regarding the conversion of previously activated premium fea-
tures into credits in the event of a termination.
In the event of the deletion of a game user account, the validity of the game user
contract shall remain unaffected.

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 15. Data protection, advertising

(1) TRAVIAN GAMES shall handle all personal data which the user submits dur-
ing the contractual relations strictly confidentially and in compliance with all
relevant data protection regulations.
(2) For technical reasons, participation in the game and the game-related ser-
vices is not possible without saving user data. The user agrees to the elec-
tronic saving and processing of his data by applying to open a game account
or by using game-related services.
(3) Should a user request the deletion of his data in its entirety, this shall au-
tomatically result in the deletion of all the game accounts he has created in
the games operated by TRAVIAN GAMES and the cancellation of the game
user contract.
(4) In other respects, the TRAVIAN GAMES Privacy Policy applies.

16. Final provisions

(1) These terms and all contracts accepted on the basis of these terms shall be
subject to the laws of the Federal Republic of Germany. The application of
the UN Convention on Contracts for the International Sale of Goods and the
conflict of legal provisions of German private international law are excluded.
(2) If the user has his place of residence or habitual place of abode outside the
Federal Republic of Germany, the registered office of TRAVIAN GAMES shall
be the place of jurisdiction. This also applies if the user's place of residence
or habitual place of abode is unknown at the time such legal action is insti-
gated.
(3) Should provisions of these terms be invalid, this shall not affect the validity
of the remaining provisions.

Travian Games GmbH

Wilhelm-Wagenfeld-Straße 22
80807 Munich

Munich District Court, HRB 173511

VAT No. DE 246258085
Managing Director: Jörg Strathaus, Frederik Hammes

Email: [email protected]

Version: September 02, 2019

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