General Terms and Conditions

Terms and Conditions
1    Subject matter of the terms of use, scope of validity, party to the contract

1.1    The following terms regulate the use of the online game “TERA” (hereafter referred to as “TERA”), offered by Frogster Online Gaming GmbH, Hardenbergstrasse 9A, 10623 Berlin (hereafter referred to as “Frogster”), on the Internet site tera-europe.com (hereafter referred to as the “TERA platform”) and the other service offers.

1.2    Frogster offers TERA and the other services within the framework of its technical and operational capabilities with an average annual availability of 98.0%. This does not in-clude periods of time during which the use of TERA and the other service offerings is interrupted or impaired due to compelling technical reasons or because of required maintenance work for which Frogster is not responsible according to general provi-sions or the provisions of this contract.

1.3    TERA and the other services are developed, updated, and adapted on an ongoing basis. Since all users have to use the same version of TERA or a service, the user can only take part in TERA or the other service in its current version for the given server.

1.4    TERA and the other services offered by Frogster are intended solely for the purpose of entertainment. Use for financial gain or commercial purposes is prohibited.

1.5    The user is responsible for the hardware and software he/she implements being up-to-date and suitable.

1.6    In addition to these terms of use, any applicable game rules for TERA shall apply. The user will be directed to any such game rules in due time and in an appropriate manner. In case of inconsistency between these terms of use and the game rules, the provi-sions of these terms of use shall take precedence, unless these terms of use expressly stipulate the precedence of the game rules in a specific case. Furthermore, special terms of use may apply to individual services offered on the TERA platform. The user will be informed of these special terms of use in a timely and appropriate manner prior to using the respective service. In the event of inconsistency, these special terms of use shall take precedence over these terms of use.

1.7    Within the scope of individual services, the user has the opportunity to use services of Frogster’s contractors, if applicable. In this case, a separate contract is formed be-tween the user and the respective contractor of Frogster. The user will be informed of this in a timely and appropriate manner prior to the conclusion of the contract.

1.8    Any regulations or General Terms and Conditions of Business of the user deviating from these terms shall only apply if Frogster has approved of their validity by prior written consent.

2    The conclusion of contracts and registration

2.1    The registration of the user is a precondition for the use of TERA and the other ser-vices. The use of TERA is effected in the form of a membership subject to a charge and with a limited validity period.

2.2    The acquisition of a TERA box, via the TERA platform, a retailer or another of TERA’s sales partners, is a prerequisite for user registration. The TERA box contains the regis-tration code, with which the user can register on the TERA platform by entering the necessary information.

2.3    When purchasing the TERA box, the user may choose between various versions of the TERA box (“Standard Box” or “Collector’s Box”). Depending on the version, the TERA box can contain various additional features and/or in-game items. On registration, the user has the option to upgrade the version of his/her box and thus gain additional fea-tures and/or in-game items.

2.4    Alternatively, the user can purchase a digital download package from the TERA plat-form or a third party (Frogster’s sales and business partners). When downloading from the TERA platform, the user must create an account on the TERA platform prior to purchasing, so no registration code is required. When purchasing from one of TERA’s sales and business partners, the user receives an email with the necessary registration code.

2.5    Additionally, the user can purchase time cards, both from retailers as well as digitally in various online shops, which allow the user to use TERA for the period indicated on the card. Time cards in this sense are either physical when purchased from retailers or digital when purchased online. Each card has a unique code (or another unique access feature) which grants the user access to TERA and the server of the relevant language version for a set period of time and for a single user account. The validity of the time card ends with the passing of the expiration date on the time card, when the playtime indicated on the time card is consumed, or when the user or Frogster prematurely ends this arrangement.

2.6    The user declares his/her intention to conclude the user contract set out in these terms of use by entering the code included in the TERA box and the required data while in-stalling the client software or on the TERA platform and clicking on the button that concludes the registration or initiates the installation (after payment if applicable). The acceptance of a registration request takes place by sending a confirmation of acceptance by email and activating the user and the user account. The user receives an activation link along with the confirmation of acceptance. Frogster activates the user and the user account after the user has clicked on the activation link. Upon activation by Frogster, a user contract is concluded between Frogster and the user which is governed by these terms and conditions.                  

2.7    The registration is carried out personally. Registration via third parties, especially a third party that registers individual people with several teleservice providers on a com-mercial basis (registration services and/or so-called entry services) is not permitted.

2.8    Registration is reserved only for natural persons. Only individuals are accepted as authorised users (no groups, families, life partners, etc.).

2.9    Insofar as the user is a minor, he/she hereby expressly guarantees that the aforemen-tioned age limit is observed and that the consent of his/her legal representative is available.

Furthermore, the continued use of the internet pages by previously minor users after having reached the age of majority is regarded as an approval of all declarations of in-tent previously submitted by the user in connection with the user contract, unless the approval is expressly withdrawn towards Frogster in written form within two (2) weeks following this date.

2.10    Upon registration, the user chooses the validity period of his/her fixed-term member-ship with a monthly subscription fee. On the same page, the user chooses his/her payment method and payment service provider. None of the payment service providers available are affiliated with Frogster. On completion of payment, the user consents to    membership under the terms selected. Membership begins with the activation of the user account.

2.11    The first 30 days of playtime from installation and registration are included in the pur-chase price of the TERA box or the download price of the client software. Unless the user cancels the arrangement according to the provisions of these terms and condi-tions before these 30 days have passed, membership will automatically be extended by the period of time selected by the user on registration.

2.12    The user has to provide certain data, e.g. a player name and a registered email ad-dress. The user is not entitled to receive a particular player name. The player name may not violate any rights of third parties and may not offend legal regulations or common decency. Moreover, no email or web address may be chosen as the player name. The user hereby guarantees that the information provided to Frogster upon registration is true and complete.

2.13    Upon successful registration, the user opens a user account, which he/she manages independently.

2.14    The user account is not transferable without a prior written approval by Frogster. The submission of the approval by email is sufficient to fulfil the written form requirement.

3    Special information on the conclusion of contracts for purchasing special features and virtual objects

3.1    Furthermore, the user may purchase individual services, features and virtual objects.

3.2    The user declares his/her intention to conclude the contract for purchasing features and virtual objects by selecting the feature or the virtual object he/she would like to purchase on the respective page of the TERA platform and declares this intention to Frogster via the corresponding “BUY NOW” button. The contract is formed by Frogster sending a confirmation email and providing the feature or the virtual object in the user account of the user.

3.3    For the payment, activation and settlement of the features and the virtual objects, Frogster offers a range of payment methods. Frogster reserves the right to remove payment methods from the TERA platform or add new ones at its own discretion.

3.4    By activating a permanent feature or virtual object, the user is entitled to the provision of the feature in accordance with the provisions of the respective applicable specifica-tion of the feature or virtual object.

3.5    By activating a fixed-term feature or virtual object, the user is entitled to the provision of the respective feature or virtual object for a fixed term; in this case, these terms of use shall apply as well. In the event that the main user contract is terminated, the supplemental user contract is terminated as well, irrespective of its originally agreed term. Further details on this are set out in Clause 10 of these terms of use.

3.6    If a minor user would like to purchase premium currency, he/she guarantees that the money for the payment of the premium currency has been provided to him/her by his/her legal representative, earmarked for this purpose or for free use.

4    Revocation instructions
Right of revocation
You can revoke your contractual declaration in writing (e.g. letter, fax, email) within 14 days without giving reasons. This time period begins upon receipt of this revocation instructions in writing, but not before we have fulfilled our duty to inform you as per Article 246 § 2 in conjunc-tion with § 1 para. 1 and 2 Introductory Act to the German Civil Code (EGBGB) as well as our duties as per § 312g para. 1 Clause 1 German Civil Code (BGB) in conjunction with Article 246 § 3 Introductory Act to the German Civil Code (EGBGB). The time period shall be deemed to be observed in the case of dispatch of the revocation in good time. The revocation has to be ad-dressed to:
Frogster Online Gaming GmbH,
Hardenbergstrasse 9a,
10623 Berlin
Consequences of revocation
In case of an effective revocation, any services received by either party shall be returned, and, where applicable, the benefits derived from such services (e.g. interest) shall be surrendered. If you are unable to return or to surrender the services or benefits (e.g. benefits from usage) re-ceived either partially or wholly, or can only do so in a deteriorated condition, you are liable for compensation to us. Obligations regarding reimbursement of payments must be met within 30 days. This time period begins for you with the dispatch of your revocation notice, for us upon its receipt.
Special notes
Your revocation right prematurely expires, if the contract is fulfilled by both parties at your ex-plicit request before you have exercised your right of revocation.
End of revocation instructions

5    General obligations of the user

5.1    The user’s main obligation is to observe these terms of use as well as the applicable game rules and pay the membership fees. Furthermore, the user’s main obligations in-clude the correct and complete provision of data requested by Frogster upon concluding the contract or in the course of the contractual relationship and required for the establishment, execution or termination of the contractual relationship. Therefore, the user hereby guarantees that the data on his/her person and other facts relevant to the contract in the aforementioned sense (in particular bank details and/or credit card number) provided upon registration and in the course of the contractual relationship is complete and correct. The user undertakes to promptly inform Frogster of any change to this data; upon request of Frogster, the user shall confirm this data. Frogster re-serves the right to demand an appropriate proof of identity, which will deleted immedi-ately after verification. In the event of repeated violation in spite of a warning notice or in case of severe violation, Frogster is entitled to block the contractual services imme-diately without granting a grace period and terminate the contract.

5.2    User data
The user undertakes to inform Frogster of any future changes to his/her registration data, especially a change to the email address, without delay. The user undertakes to confirm to Frogster the correctness of his/her data upon request.

5.3    Login data, identifications, passwords

5.3.1    The user undertakes to keep login data as well as all identifications and passwords strictly confidential. The user may enter login data only on Internet pages operated by Frogster.

5.3.2    The term “login data” as well as “identification and passwords” includes all letter and/or character and/or number sequences used to authenticate the user and to exclude use by unauthorised third parties. The password should not be identical with the player name and should consist of a combination of numbers and letters.

5.3.3    The user undertakes to protect all login data, identifications and passwords against unauthorised access of third parties.

5.3.4    In the event that the user has reason to believe that third parties have or could have obtained this information, he/she is obligated to inform Frogster immediately and change his/her data or have it changed by Frogster. In this case or in the event that Frogster has evidence of data abuse, Frogster is entitled to temporarily block the ac-cess of the user. The user shall be permitted again the use as soon as the suspicion of data abuse has been cleared up.

5.3.5    The user is under no circumstances entitled to use the login data of another user, unless the rules of the game provide for specific exceptions.

5.4    Use of the TERA platform and TERA platform content

5.4.1    The TERA platform includes content of all kinds that is protected by trademarks, copyrights or by other means in favour of Frogster or for the benefit of third parties. Unless explicitly permitted by Frogster, the user is not entitled to edit, copy, distribute, reproduce publicly, use for advertisement or use beyond the contractually agreed purpose the TERA platform or its content or any portion thereof. Only the technical reproduction for the purpose of browsing as well as the permanent reproduction solely for private use shall be permitted. Copyright information and brand names may not be changed, suppressed or eliminated.

5.4.2    The term "content" is understood to be all data, images, text, graphics, music, sounds, sound sequences, videos, software programmes and codes as well as other information provided by Frogster on its Internet pages. The term "content" in particular includes all services available for download as well.

5.4.3    The user undertakes to abstain from any measure that may compromise or interrupt the proper function of the TERA platform or individual services offered on them, as well as from accessing any data that the user is not authorised to access. The retrieval of the content may only take place in such a manner that the use of the TERA platform and its content by other users is not affected. The transfer of data or software that can influence hardware or software from recipients is not permitted.

5.4.4    Any use of the TERA platform for commercial purposes, especially advertisement, requires the express prior written consent of Frogster.

5.4.5    The user is not entitled to publish any content on the TERA platform.

5.4.6    The use of the TERA platform by means of an anonymisation service or similar meas-ures that are suitable to hide or conceal the true IP address and/or the identity of the user is not permitted.

5.5    Links
It is permitted to establish a link to the Internet pages of Frogster to the extent that it only serves as a cross reference. Frogster reserves the right to withdraw this permis-sion. However, it is not permitted to include or present the TERA platform or its content via a hyperlink in a subwindow (frame).

5.6    Use of client software
Frogster grants the user the non-exclusive (simple) right to install and use the client software limited to the duration of validity of the user’s registration with Frogster. A duplication of the client software is only permitted to the extent to which it is required for the contractual use of the software. Any form of commercial use of the software is strictly prohibited. Any change to the client software, retranslation of the provided pro-gramme codes into another code form (decompilation), or other method of reversing the various manufacturing stages of the software (reverse-engineering) is prohibited unless this is necessary in order to obtain the information required to establish the in-operability of the client software with another program, the information is only obtained by the user him/herself, the information cannot be obtained otherwise (in particular from Frogster), and the information is used for no other purpose than to establish the inoperability.

6    Special terms of use for online games
6.1    The user is prohibited from any form of manipulative intervention in TERA. In particu-lar, the user is not entitled to use measures, mechanisms or software that could inter-fere with the function or the course of the game. The user must not take measures that may cause an unreasonable or excessive load on the technical capacity. The user is not allowed to block, rewrite or modify content generated by Frogster or to interfere in any other manner with the game.

6.2    The user is also prohibited from running TERA (including all individual web pages) with programmes other than the Internet browser or the client programme that has been provided. This refers in particular to so-called bots and other tools designed to replace or supplement the web interface. Scripts and completely or partially automated programmes that provide the user with an advantage over other users are also prohibited. These include auto-refresh-functions and other integrated mechanisms of the Internet browser, if they involve automated operations.

6.3    The user may under no circumstances
a)    create or use cheats, mods and/or hacks as well as any other third party soft-ware products that may change the gaming experience of TERA,
b)    use software that allows "data mining" or otherwise intercepts or collects infor-mation relating to TERA,
c)    use the virtual objects used in TERA outside of TERA, buy or sell them for "real" money, swap them or attempt such activities.
This also includes all evasions, similar actions or actions that correspond in their effect to the aforementioned bans.

6.4    Login is only permitted via the TERA platform and via the websites of cooperation partners integrated by Frogster (e.g. social networks). The automated opening of the user account outside the websites provided by Frogster or their cooperation partners, regardless of whether the home page is displayed or not, is not permitted.

6.5    Frogster, the licensor or the contractors authorised by Frogster exclusively hold all rights to fee-based virtual objects used in TERA. By posting information within TERA or within the scope of using other services of Frogster (in particular possibly operated communication platforms), the user provides Frogster with the non-exclusive, world-wide, free-of-charge and revocable right to publish, send, list, present, display, repro-duce and distribute this content in whole or in part on the TERA platform and in TERA as well as on further gaming sites for any commercial or non-commercial purpose. The information provided by the user within TERA can be viewed by third parties worldwide via the Internet. By providing the information, the user declares his/her consent to this. The user can withdraw the rights granted by deleting the content from the games or other services or requesting in writing that Frogster delete the content.

6.6    The use of private servers, i.e. those servers of the user or third parties that enable, establish or maintain unauthorised connections to TERA or the server, in particular
a)    connections to servers not provided with appropriate authorisations, which emulate or attempt to emulate the service,
and
b)    connections by means of programmes or tools not expressly approved of by Frogster,
is not permitted.

7    Special terms of use for communication facilities (particularly discussion forums, chats, blogs, comments) on the TERA platform

7.1    The user undertakes not to distribute any content (e.g. images, videos, links, names, words) of political, religious, advertising, offensive, harassing, violent, sexist, porno-graphic as well as other morally reprehensible or objectionable, in particular racist as well as extreme right or left-wing, nature within the scope of TERA and other services of Frogster. Furthermore, the user undertakes not to use any legally protected terms, names, images, videos, music, games or other material during the use of TERA or other services offered by Frogster without the necessary permission. The user shall immediately remove any content that is objected to by Frogster. Frogster expressly reserves the right to remove this content by themselves. The user shall observe all relevant legal regulations, in particular regarding the protection of young people, data protection, general right of privacy, as well as those set out by criminal law, copyright law and trademark law at all times.

7.2    Frogster may provide the user different communication facilities (especially discussion forums, chats, blogs, guest books, etc. as well as comment functions) for posting his/her own content and contributions on the TERA platform, which may be used as available. Frogster only provides users with the technical environment for the exchange of information. However, users are not entitled to claim such communication facilities.

7.3    The user assumes responsibility for his/her content and contributions and undertakes to fully indemnify Frogster from and against any claims of third parties. Frogster explicitly claims no title to the content posted by users. Frogster points out that Frogster has no active monitoring system of the content posted. In addition, each user has the option to inform Frogster of suspected illegal content. Frogster will then respond as soon as possible and edit or delete reported content, if necessary.

7.4    The user is prohibited from publishing or distributing content on the TERA platform and in particular within the scope of the communications facilities provided on them that
a)    violate the law, are improper or immoral;
b)    violate trademarks, patents, utility or design patterns, copyrights, trade secrets or other rights of third parties;
c)    are of obscene, racist, violent, pornographic nature, harmful to young people or otherwise threaten or affect the development of children and adolescents;
d)    are of abusive, harassing or defamatory nature;
e)    include chain letters or pyramid schemes;
f)    falsely suggest that they are provided or supported by Frogster;
g)    contain personal data of third parties without their express consent;
h)    are of commercial, in particular promotional, nature.

7.5    The inclusion of Internet sites or company or product names is only permitted when it is not primarily for the purpose of advertising.

7.6    All users of the communication facilities provided on the TERA platform are required to observe an acceptable choice of words. Abusive criticism or attacks on people in derogatory manner shall be avoided.

7.7    Notwithstanding any other rights under these terms of use, Frogster is entitled to amend and in whole or in part delete content and contributions that violate these rules. Frogster is also entitled to temporarily exclude users who violate these rules in whole or in part from the further use of TERA, the TERA platform and other services.

8    Consequences of breaches of duty

8.1    Frogster is not liable for damages resulting from a breach of duty by the user.

8.2    Notwithstanding any additional legal or contractual rights, in particular those within the scope of the rules of TERA, Frogster may take the following measures, at their own discretion and considering the legitimate interests of the respective user, if there are actual indications of a user culpably infringing statutory regulations, third party rights, these terms of use or the respective applicable supplemental terms and game rules:
a)    change or deletion of content,
b)     giving a warning to the user,
c)    publication of misconduct in TERA while naming the respective user,
d)    temporary or permanent blocking of a user from TERA and some or all content of the TERA platform,
e)    exclusion of a user,
f)    issuing a temporary or permanent virtual ban from the house in case of violation of section 6, or
g)    immediate termination of the user contract.

8.3    If a user has been blocked or excluded, he/she may not log in again without prior con-sent of Frogster. The user is not entitled to claim the waiver of an exclusion, a virtual ban from the house or any other measure.

9    Payment

9.1    The user is obligated to pay the fees for the period of validity as established at the time of registration or the latest contract amendment for the use of TERA and the other related services provided by Frogster.

9.2    The user must pay the fee indicated on the relevant time card for the playtime on said card.

10    User fees for additional content and memberships

10.1    The membership fees agreed within the scope of the respective registration will be payable for the user accounts. The membership fees to be paid shall be settled monthly in advance for open-ended memberships and as one-off payments in advance upon commencement of the respective term for fixed-term memberships.

10.2    Furthermore, Frogster may offer individual services and, within the scope of TERA, individual features and virtual objects against payment. The user is not entitled to such offers.

10.3    The agreed fees are due for payment upon conclusion of the contract. The debit pay-ment is usually carried out by the respective authorised service provider, whereby the collection may take place a few days in advance to guarantee continuous usability. The General Terms and Conditions of Business included by the authorised service provider may be applicable in addition to these terms of use. The user will be directed to such additionally applicable terms and conditions in due time and in an appropriate manner.

10.4    The user hereby guarantees that all information provided within the scope of the pay-ment process (in particular bank details, credit card number, etc.) is complete and cor-rect.

10.5    The payment options vary depending on the online game, the country of the participant and the market availability of technically feasible payment options. Frogster reserves the right to amend their payment options at any time.

10.6    Frogster reserves the right to change the fees of the in-game features (including virtual currencies). This includes Frogster’s right to increase or decrease fees for individual in-game features and virtual objects for all future transactions.

10.7    In case of default in payment, statutory interest will be charged. Frogster is also enti-tled to block the user account, claim further damages and terminate the provision of services.

10.8    Should Frogster incur back charges or cancellation fees through a fault of the user (including insufficient funds in the account), the user shall bear the relating costs. Frogster is allowed to demand these costs and the accrued fees by repeated debiting. If the payment is made by credit card, back charges of up to 50 EUR per credit card transaction plus bank charges incurred by Frogster will be charged. Frogster is entitled to claim further damages.

11    Contract term; deletion of user accounts

11.1    The contract begins with the activation of the user account.

11.2    The initial membership duration is established as 30 days by the registration code included in the TERA box. Unless the user cancels the membership before the first 30 days have passed, membership will automatically be extended by the fixed period of time selected by the user on registration and the user must pay the membership fee for this period.            

11.3    It is possible for either party to terminate the contract without notice at the end of each membership period.

11.4    If neither the user nor Frogster terminates the contract before the expiration of the current membership period, then the membership will automatically be extended by the period of time selected by the user.

11.5    Either party is entitled to terminate the contract for good cause without giving notice. Frogster has good cause if, for example,
a)    the user is in default with the payment of the fees and fails to settle the payment despite reminders,
b)    there actual indications of a behaviour that substantially affects the game ex-perience of other players,
c)    cheats, mods and/or hacks as well as any other form of software, tools or scripts are used that alter the gaming experience or the mechanism of TERA,
d)    third parties play on the user account of the user, unless the rules of the game provide for specific exceptions,
e)    the user plays on the user account of a third party or uses more than one user account for TERA,
f)    the user uses virtual objects that are used in TERA outside of TERA, attempts to buy or sell them for "real" money, or attempts to swap them, or
g)    the user culpably violates laws, these terms of use, applicable supplemental terms and/or the rules of the game.

11.6    Any termination must be made in writing. Termination by email is sufficient to fulfil the written form requirement. The termination can also be effected via a termination func-tion integrated into the TERA platform or the user account.

11.7    If membership is cancelled, the account remains open and can be reactivated by the user within 3 months. The provisions under Clause 2 then apply to the conclusion of the contract. If the user expressly requests the deletion of the account including all data, this will be done, unless Frogster is obligated to keep the data.

11.8    In the presence of legitimate reasons, Frogster is entitled to delete the user account. The respective reasons and prerequisites for the deletion of user accounts can be ob-tained from the game rules of TERA.

11.9    In the event that Frogster has declared the termination of the user contract without cause or permanently suspended the operation of the TERA platform before the end of the current membership period and for a reason the user is not responsible for, the user will receive a refund equal to the amount he/she has paid for the temporary use of features or virtual objects.  

11.10    Unless otherwise agreed upon in these terms of use, any further claims of the user for the reimbursement of already effected payments shall be excluded.

12    Limitation of liability

12.1    The user is directly liable to third parties for violation of their rights. The user under-takes to reimburse Frogster for all damages resulting from the non-observance of the obligations of these terms of use. The user indemnifies Frogster from and against all claims asserted against Frogster by third parties for violation of their rights through content posted by the user or the violation of other obligations. The user takes over the costs of legal defence of Frogster including all court and lawyer costs. This shall not apply if the user is not responsible for the infringement.

12.2    The liability of Frogster, on whatever legal grounds, whether arising from breach of contract or tortious act, is ultimately determined in accordance with the following regu-lations:

12.2.1    Insofar as Frogster provides the respective service giving rise to liability free of charge, Frogster is only liable for intent and gross negligence.

12.2.2    In case of fee-based services, Frogster’s liability is limited to cases of intent and gross negligence, although unlimited in cases of personal injury. In case of slight negligence, however, Frogster is only liable for the breach of essential contractual obligations, such as delay or impossibility of performance, which Frogster can be made responsible for. The liability in the event of breach of such an essential obligation is limited to the typical contractual damage, whose occurrence could be expected by Frogster upon conclusion of the contract on account of the circumstances known at that time. “Essential contractual obligations” as previously stated are those obligations whose fulfilment is essential to enable the proper implementation of the contract and the achievement of its purpose and whose observation the customer may rely upon.

12.2.3    Frogster assumes no liability for disturbances within the network that are not caused by Frogster.

12.2.4    Frogster is liable for loss of data in accordance with the foregoing paragraphs only if such a loss could not have been avoided by adequate backup measures on the part of the user.

12.2.5    The foregoing limitations of liability shall not apply in the case of explicit guarantees by Frogster, in case of malice and injury to life, body or health, or in the case of mandatory statutory regulations.

13    Data privacy

13.1    Personal data of the user is only collected, processed or used if the user has given his/her consent or this is required or permitted by the Federal Privacy Act (Data Protection Act), the Telemedia Act (TMG) or another legal provision.

13.2    Further details are elucidated in the Frogster Privacy Statement [Link].

14    Applicable law, place of jurisdiction

14.1    The law of the Federal Republic of Germany shall apply, excluding the CISG.

15    Amendments to these terms of use, miscellaneous, communication, severability clause

15.1    Frogster reserves the right to amend these terms of use. The main obligations of both parties will remain unaffected by these amendments. Users will be sent the amended terms by email at least six weeks before they come into force and informed of the in-tended validity of these new terms of use as well as the right of the user to object to the validity of these terms of use. If the user does not object to the validity of the new terms of use within six weeks after receiving them, the new terms of use are considered as accepted. Frogster will inform its users of the meaning of the six-week period, the right of objection and the legal consequences of their silence on such change in an appropriate manner.

15.2    The user may transfer rights and obligations under this contract only with the prior written consent of Frogster.

15.3    The user is only entitled to set-off if his/her counterclaim has been established by a court of law or recognised by Frogster or is uncontested. The user may only exercise a right of retention as far as it concerns claims arising from this contract.

15.4    Frogster usually communicates with the user – unless stated otherwise by theses terms of use - by email. The user makes sure that the email address specified upon registration is checked regularly for messages from Frogster. When getting in touch with Frogster, the user has to indicate the specific online game and the specific user account he/she is referring to.
Stand: April 2012