General Terms & Conditions for FB Technologies OU (hereinafter Forex-battle)
1 Scope of Application
Forex-battle operates an online gaming portal at www.forex-battle.com (hereinafter Portal). A range of online games as well as other services is offered on the Portal. These services include, for example, the possibility of creating a profile page, participating in blogs and forums, uploading media such as photographs, texts and games and purchasing virtual items or other services. The players of Forexbattle games and services, as well as the users of the Portal, are hereinafter referred to as Users. In the following general terms and conditions (hereinafter referred to as Terms & Conditions), references made to “Games” or “Services” will pertain to the games and/or services offered by Forex-battle. The business relationship between Forex-battle and Users shall be exclusively based upon these Terms and Conditions, as well as the Data Protection Policy and the Imprint, which both constitute an integral part of the Terms and Conditions.
The contractual partner is FB Technologies OU. User Terms & Conditions are not considered part of the general contract unless FB Technologies OU approves these in writing.
The following Terms & Conditions apply to the use of the Portal and the Games and Services. The Games and Services can be accessed primarily through a personal computer connected to the Internet by telephone, ISDN, broadband or equivalent connection. In addition, various other Internetcapable devices may be used, whereby the scope of operation and/or display characteristics may be limited.
These Terms & Conditions expressly exclude questions which might arise with regard to the establishment of Internet access, connection to websites and online games, and third-party software such as web browsers or access software, as these Services are not provided by Forex-battle.
1.1.1 Forex-battle offers its Games and Services exclusively to Users with respect to the Cyprus Civil Code. The use of Forex-battle Games and Services for pecuniary or any other commercial purposes is hereby prohibited.
1.1.2 Only those individuals who have reached the age of 18 are entitled to use the full scope of Games and Services provided by Forex-battle. Individuals under a certain age who have the express consent of their legal guardian may nonetheless be prohibited from participating in particular games due to age restrictions specifically applicable to those Games.
1.1.3 By registering to use the Games or Services, the User expressly warrants and represents that (i) he/she has reached the age of majority and is legally competent and/or (ii) in case of being a minor, he/she has obtained an express consent of his/her legal guardian(s).
Furthermore, continued use of the Games and/or Services by minors that have reached the age of majority shall signify approval thereby of any and all declarations of intent previously made in connection with the user agreement, unless Forex-battle is notified in writing of such an approval being withdrawn within two (2) weeks of the date the minor reaches the age of majority.
1.1.4 Users residing in Cuba, Iran, North Korea, Sudan, and Syria are expressly prohibited from using the games.
1.2 Subject Matter of the Contract, Usage of and Changes to the Games and Services
1.2.1 Forex-battle offers its Users the possibility of using Games and Services which are offered by Forex-battle subject to existing technical and commercial capabilities.
1.2.2 Participation in the Games is for entertainment purposes only.
1.2.3 Forex-battle, as part of its Services, stores certain information on the Portal and offers its Users the possibility of uploading information to the Internet and creating personal profiles, etc., which can be viewed by other Users of Forex-battle Games and Services as well as by third parties. Furthermore, the User can also communicate with third parties via the Portal, upload and exchange photographs, videos, games, music and other media, publish blogs and comments, and rate games, other Users, third parties or transactions.
1.2.4 The use of Forex-battle Games and Services online is made possible through the provision of the necessary applications at the respective URLs by Forex-battle. Forex-battle also reserves the right to offer or sell its Games on other digital media and which may have a range of features that differ from the online versions of said games. Such a sale of these Games is not subject to these Terms & Conditions.
1.2.5 The use of Forex-battle Games and Services is expressly limited to individuals who previously created a customer account (hereinafter referred to as Account) at the time of registration. An Account can be created at the Portal or at the URL of the respective Game(s). An Account which has been created at the Portal enables the User access to any of the Games subject to the conditions set forth in Sec. 1.1 above.
1.2.6 Registration, i.e. an application to open an Account, can be accomplished by filling out a form electronically and providing the information requested therein. The use of Forex-battle Games and/or Services will be permitted from the time an account is created for the user by Forex-battle.
1.2.7 Users are authorized to create multiple accounts on the Portal. Several Games, however, prohibit the use of more than one Account by one and the same User (“prohibition of multiaccounts”). Detailed information is provided in the rules of the respective Game(s). Forex-battle strongly recommends that all Users with multiple Accounts carefully read the respective rules of the Game(s), because the use of multi-accounts in certain Games can lead to an immediate ban of the User.
Furthermore, even in Games permitting Users to have multiple accounts, communication, or any kind of interaction whatsoever, between accounts of the same User is prohibited (ban on “pushing”). In particular, an Account may not be used to create advantages for another Account from the same User, for example, to transfer items or game currency from one Account to another Account of the same User, or to allow one Account to fight against another Account of the same User.
1.2.8 After creating an Account, the User may use the respective Game and/or Service by opening the Portal or the corresponding URL, and then logging in.
1.2.9 The use of Games and Services is only authorized via web browser or special tools made available and expressly permitted by Forex-battle (ban on unauthorized scripts). In other words: The use of programs which cause excessive server load are strictly forbidden. The application of software to systematically or automatically control games or individual game functions such as bots, macros, etc. or to reproduce or evaluate games, game components or content provided on the Portal is prohibited.
1.2.10 The use of programming bugs and/oder errors to achieve personal gain is strictly prohibited. Recognized bugs should be reported as quickly as possible in the bug forum, by IRC or by e-mail.
1.2.11 The User is not entitled to open an account or to publish any information whatsoever on the Portal.
1.2.12 All respective, current technical and other Game and participation requirements for Services offered are contained on the Portal and/or the respective Game websites.
1.2.13 All Games and Services are updated, adapted, expanded and modified regularly. For this reason, the User is only granted the right to use the current version of the respective Games and Services.
1.2.14 The use of the Games in their respective basic version is free of charge. Some features are only available to paying customers (see Sec. 7 below). Use of the Services is free unless otherwise stipulated in the description of the respective Services.
1.2.15 The User has no right to retain the Games and/or Services of the version current at the time of the conclusion of the contract. Forex-battle reserves the right to cease operation of individual Forexbattle Games and/or Services at any time without prior notice or justification. At his or her own discrection, the User may request, in such an event, that fees paid in advance within the scope of continual obligations (e.g. for Premium memberships, subscriptions) be credited to his/her account for other Games and/or Services operated by Forex-battle, or that Forex-battle recompense all fees paid in advance. The right does not apply to fees for services, which have been fully rendered within the scope of individual obligations (e.g. individual orders). The User’s right to terminate the agreement with immediate effect due to Games and/or Services which are unable to be used remains unaffected. Further claims made by the User are hereby prohibited unless otherwise expressly described in these Terms & Conditions.
1.2.16 Every user has the right to register only one account. Otherwise, all your accounts will be blocked.
2 Offer and Conclusion of Contract
2.1 By filling in the registration form for the Account, the User enters into a binding contract (hereinafter referred to as “User Application”). For this purpose, all fields of the registration form marked as being “required” must be filled in completely and correctly.
2.2 The agreement between Forex-battle and the User is considered valid when Forex-battle approves the User Application. Confirmation of the User Application can be explicitly communicated by Forexbattle as a result of an action on the part of Forex-battle.
2.3 Forex-battle will promptly send a confirmation e-mail acknowledging receipt of the User application to the e-mail address provided by the User at the time of registration. This acknowledgment of receipt does not represent a binding approval of the User Application. The acceptance of the User application and the confirmation to access Forex-battle Games and Services can, however, be sent together with the acknowledgment e-mail.
3 Cancellation Policy and Sample
Without having to state any reasons, the User can revoke his/her declaration of intent to enter into a contractual agreement for Forex-battle Games and Services and to order Premium features within a period of fourteen (14) days.
The cancellation period totals 14 days and shall begin from the date of contract conclusion. In order to exercise the right of cancellation, the User must inform Forex-battle, Email: support@Forex-battle.com) about his/her decision to terminate his/her contract declaration on the use of Games and Services and the order of Premium Features through a clear statement (e.g. a letter sent in the mail, fax or email). To do this, the User may use the sample cancellation form provided below; the use of this form however is not mandatory. The cancellation deadline shall be considered met as long as the notification concerning the exercise of the right of withdrawal is sent by the consumer before the end of the cancellation deadline. In order to quickly process cancellations sent via email, it is useful to specify the name of the game as well as any premium features or services, plus the user’s name and user ID in the email’s subject line.
Consequences of Cancellation:
In case of user cancellation, all payments made by the User to Forex-battle, including any associated delivery/shipping costs (excluding any additional costs arising on the part of the user selecting another type of delivery other than the cheapest standard shipping offered by Forex-battle), must be returned immediately and at the latest within 14 days of Forex-battle receiving the notification of user cancellation. To repay the User, Forex-battle shall use the same means of payment used by the User for the original transaction, unless the User explicitly agrees upon otherwise; under no circumstances shall the User be charged any fees for this repayment.
Cancellation shall not be considered valid if digital assets are delivered which are not supplied on a tangible medium, when the execution has already begun with User’s express prior consent and his/her acknowledgment that he/she thereby shall lose his/her right of cancellation.
End of Cancellation Policy
Sample Cancellation Form
(Should you wish to cancel the contract, then please fill out this form and send it back to us.)
•Address:FB Technologies OU, Kaara tee 32, Laiakula, Viimsi vald, Harju maakond, P.C.74008, Estonia; E-Mail: support@Forex-battle.com
•I/We(*) hereby give notice that I/We(*) withdraw from my/our* contract on the purchase of the following goods*/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 for notification on paper)
(*) Delete as applicable.
Forex-battle guarantees that its Games and Services will be available 90% (ninety percent) of the time on a yearly average. Excluded from this percentage are time periods in which Forex-battle portal servers, individual Games and/or Services are not available on the Internet due to technical or other problems which are outside the control of Forex-battle, such as force majeure, third-party fault, etc. as well as periods in which routine maintenance work is carried out. The liability of Forex-battle with regard to inaccessibility of the games and/or services by intent and gross negligence remains unaffected. Forex-battle can restrict access to its Games and Services if required for network security and preservation of network integrity, especially with regard to the prevention of severe breakdowns or interruptions of the network, software or stored data.
5 Access to these Terms & Conditions, Changes and Further Notifications, Contact by the User
5.1 The User accepts these Terms & Conditions as binding by submitting his/her User Application and using Forex-battle Games and/or Services. These Terms & Conditions apply for each login to the Portal, especially when any of the Forex-battle Games and/or Services are used. The Terms & Conditions can be printed out or saved onto digital media before sending the User Application.
5.2 Forex-battle reserves the right to change or amend these Terms & Conditions with regard to future arrangements at any given time, provided this is deemed necessary and if the User is not put at a disadvantage in a breach of good faith.
5.3 The User will be notified of the changes made to the Terms & Conditions either by e-mail or on the website of the Games and Services offered by Forex-battle. Changes to the Terms & Conditions will always be provided to the User with a highlighted announcement at the next login. The modified Terms and Conditions shall be effective immediately, provided that the User has agreed to them. Furthermore, the conditions as stipulated in the second and third sentence of section 5.1 shall apply.
5.4 If the User objects to the changes of the Terms and Conditions, both parties are entitled to terminate this agreement with a one-month notice unless both parties have the right to terminate without notice according to Sec 8.1. Until termination has been finalized, the original Terms & Conditions will remain in effect. Any payment made for Games and/or Services which extend beyond the termination date will be reimbursed to the User on a pro-rata basis. Further claims by the User are considered hereby invalid.
5.5 Forex-battle, in the course of informing the User about such changes, will especially inform the User about the possibility of objecting to the changes, cancellation of Services.
5.6 Unless otherwise stipulated in these Terms & Conditions or in other agreements with the User, Forex-battle will generally communicate with the User by e-mail. The User will ensure that he/she can receive all e-mails sent by Forex-battle to the address he/she submitted to Forex-battle at the time of registration and at subsequent times. He/she is responsible for settings and maintenance of the spam filter and for regularly checking all incoming e-mail sent to this address. Forex-battle reserves the right to correspond with Users using whichever form of communication they deem necessary.
5.7 Upon contacting Forex-battle, the User will indicate which Games and/or Services and which Game and/or Service Account his/her correspondence pertains to.
6 Instructions and Rules of the Games
6.1 Instructions and rules of the Games and/or Services will be published on the portal and/or on the websites of the respective Games and/or Services.
6.2 The User is consciously aware that he/she plays together with numerous other Users in online games, and that he/she communicates with different Users of Services over the Portal. In order to ensure successful interaction between the Users in the Games, it is imperative that the rules are observed by all Users. By using Forex-battle Games and Services, the User thereby acknowledges the rules and participation requirements as legally binding.
6.3 The User will also refrain from undertaking any other activity which could interfere with the normal operation of Games and/or Services or disrupt the successful interaction between Users.
7 Fees, Payment Conditions, Late Payment
7.1 Online Games
7.1.1 Basic Version
Forex-battle provides Users access to the Games in principle as of the creation of a User Account (see Sec. 1.2 above). In this case, the User will initially only be provided with a basic version of the Game. The creation of an Account and the use of the basic version are free of charge. The basic version of the Game can be used indefinitely and without restrictions in Game function, without prejudice to Forex-battle’s right to withdraw the Game. In the basic version, the User does not have full access to all Game features.
7.1.2 Premium features
The User has the option of receiving features which are not available in the basic version (hereinafter referred to as “Premium Features”) in return for payment. The Premium Features offered may vary from one Game to another. Information pertaining to the prices of the Premium Features offered, the functions included with these Premium Features and their requirements for use can be obtained from the website of each respective Game. Depending on the Premium Feature and price, a one-time payment may have to be made in order to credit an Account with features or items which may be used for certain purposes subject to the respective rules of a Game, or to make payments which are due periodically, such as on a daily, weekly, monthly, quarterly, semiannual or yearly basis. All prices listed include all possible applicable taxes.
All Games are updated regularly. Forex-battle therefore reserves the right to offer new Premium Features at any time. In the course of adapting and developing the Games, Forex-battle also reserves the right to discontinue individual Premium Features and/or to offer them in the basic version (see Sec. 7.1.1 above). All Users are excluded from reimbursement of fees paid.In the event of a permanent discontinuation of a Forex-battle Game, section 1.2.15 shall apply.
If the User is a minor, he or she expressly declares when ordering the premium features that he or she has received the means of payment necessary for these services or were freely available to him or her.
If there is a possibility of downloading software to a mobile phone allowing access to individual Games, the rules for Premium Features will also apply for payment of these accrued costs.
7.1.3 Subscription / Automatic Renewal
If payments for Premium Features are to be made at regular intervals, the User effectively enters into a subscription for these Premium Features that will automatically be renewed if it is not cancelled by the User before the end of the set time limit as stipulated in Sec 8.2 below. The subscription terms are described in the rules for the respective Games.
7.1.4 Payment Conditions and Due Date of Payment
Forex-battle is authorized to ask for advance payment for the use of Premium Features (see Sec. 7.1.2 above). Such payment will be due upon conclusion of the contract and will be debited from the bank account or charged to the credit card account provided by the User, inasmuch as the User has not opted for another form of payment, for example, payment by text message for Premium Features. The amount to be collected will be displayed as “WWW.FOREX-BATTLE.COM” or Forex-battle on credit card bills or bank account statements.
7.1.5 Adjustment of Fees
Forex-battle reserves the right to reduce prices or to offer new products, services or methods of payment at any time either on a temporary or permanent basis. In addition, Forex-battle is authorized to change prices at any given time with six week’s notice either in writing or by e-mail sent to the address provided by the User. The changed price will take effect if the User does not object to the changed price within six weeks. The contractual relationship will be carried forward according to the conditions and prices which were changed. Forex-battle, in the course of notifying the User about these changes, will inform the User about the possibility of objecting to the changes, cancellation of services, the set time limit and legal ramifications in the case of failing to submit an objection. If the User objects within the set time limit, both parties reserve the right to terminate this agreement at the end of one month, unless the right to terminate immediately according to Sec 8.1 already exists. Until termination of the contract, the original Terms & Conditions will remain in effect. Until termination of the contract, the original Terms & Conditions will remain in effect. Any payment made for Games and Services which extend beyond the termination date will be reimbursed to the User on a pro-rata basis. Further claims by the User are considered invalid.
7.2 Late Payment
In case of late payment, Forex-battle is authorized to charge interest set at 3% above the applicable legal lending rate in Luxembourg. Forex-battle is also entitled to discontinue Services and to suspend the User’s Account(s) if payment is overdue. During the Account suspension period, no charges for subscriptions which have been entered into will accrue. Forex-battle, however, is authorized to impose a processing fee for suspending an Account, for informing the User of Account suspension, for reactivating the Account or for creating a new Account upon payment in full. The amount of the processing fees can be found on the Portal by accessing the respective Game and Service. The User is entitled to prove that no damage occurred or that a substantially lower level of damage was caused due to late payment.
7.3 Direct Debit Reversals, Cancellation Fees
If Forex-battle incurs costs and/or losses or if Forex-battle is charged a cancellation fee due to a cancelled direct debit payment as a result of User fault or circumstances leading back to the User, the User shall bear all cancellation fees generated as a result of these actions.
Forex-battle is entitled to demand payment of the costs incurred from repeated attempts to debit the charges from the User’s account together with the original fees. If payment of fees is made by direct debit or credit card, and a debit reversal occurs, Forex-battle will charge a service fee of EUR 9.60 per direct debit/credit card transaction plus banking fees accrued. The User is entitled to prove that no damage occurred or that a substantially lower level of damage was caused due to late payment.
7.4 SEPA Procedure
Any direct debit authorization the User may have previously given to Forex-battle shall convert into a SEPA direct debit authorization. Forex-battle shall inform the User in advance before debiting his/her account (within five banking days prior)
7.5 No Guarantee of Prizes
Forex-battle does not guarantee prizes to Users. In particular, the Users do not have the right to claim the payment of prizes, unless such a claim is explicitly outlined in these Terms & Conditions.
A claim to the payment of a prize can only be permitted if Forex-battle has explicitly offered/advertised such a prize.
A claim to the payment of a prize also does not exist if Forex-battle learns that a potential claim to a prize may be the result of technical or legal manipulations and/or the result of any other kind of criminal conduct, in general. By using Forex-battle Games and Services, Users thereby agree that Forex-battle may conduct a thorough investigation at any time pertaining to the legality of the claim for prizes, and while this claim is under investigation may withhold the payment of the prize from the User without his/her express consent. A claim to a prize will also be forfeited if the User has not complied with the rules of the Game. If there is reason to doubt a claim, it is up to the User to provide sufficient evidence that he/she complied with the rules of the Game. The User acknowledges and explicitly accepts this obligation to provide evidence even when it is not usually common legal practice to do so.
7.6 No Set-off; No Right of Retention; No Cession
The User may only set off a claim by Forex-battle for outstanding accounts if his/her counterclaims cannot be disputed or have been declared legally binding. The User can only withhold payment if his/her counterclaim is related to the same Terms & Conditions. The right of the User to assign his/her claims to a third party is invalid.
If you purchase a product or service from us in the EU, you will have seven calendar days to cancel your purchase, starting on the first day after the date of delivery or purchase and receive a refund. The date of purchase will be considered the date of delivery. You do not have this right if the service or product has been delivered and used. You will not receive a refund or other compensation for unused virtual items if you cancel or close your account (whether voluntarily or involuntarily), the virtual items you have purchased will be forfeit and we will provide you with no compensation whatsoever in this regard.
8 Term, Termination
All contracts entered into between the User and Forex-battle are for an indeterminate period of time unless a limited period of time has been expressly specified in the Terms & Conditions.
8.2 Orderly Termination
Subject to the condition that the period of termination is respected, each party is legally entitled to terminate the contractual agreement without provision of any reasons, provided that the following is fulfilled:
8.2.1 If no limited period of time has been agreed upon for a contract, both parties may terminate the contractual agreement in a due and orderly manner with immediate effect.
8.2.2 If a contract (e.g. gaming or service usage contract) for using the Games and Services and/or premiumm features has been agreed upon for a set period of time (see Sec. 7.1.2 and Sec. 7.1.3), said contract will be automatically renewed for the same period after the original contract expires. unless the contract has been terminated by the user at least 14 days prior to the end of the contract period.
8.3 Just grounds for termination
8.3.1 The parties may also terminate the contractual agreement for important reasons at any time without prejudice to the above regulations.
8.3.2 In the event that Forex-battle is responsible for a premature termination of the contractual agreement for important reasons, the User will receive a pro-rata refund for any payments made by them, if applicable, (especially for Premium Features) which apply to the period after the termination becomes effective. All other claims of the User are considered invalid unless otherwise specified in these Terms & Conditions.
Forex-battle has the right to terminate the contractual agreement especially for, but not limited to, the following reasons:
•The User is late in paying fees of at least EUR 5.00 and has not paid despite having received two reminders.
•The User knowingly violates any law or the rules of the Games and Services, and does not discontinue his/her actions despite having received a warning. A warning is not required in case of a severe offense where it would be unreasonable to expect Forex-battle to remain bound by the contract.
•The User has not used their Account for a period of four weeks despite having received a reminder.
Cases in which it would be unreasonable to expect Forex-battle to remain bound by the contract generally include the following:
•The User violates criminal law.
•The User violates the prohibition of multi-accounts which may be stipulated in the respective Game’s rules (see Sec. 1.2 above).
•The User violates the prohibition of pushing (see Sec. 1.2 above).
•The User violates the prohibition of non-authorized scripts (see Sec. 1.2 above).
•The User violates the prohibition of exploiting programming errors (bugs) (see sec. 1.2)
•The User deliberately provides false information upon registration 2, User application form) or while completing payment of Premium Features (see Sec. 7.1).
In the event that Forex-battle correctly terminates the contractual agreement for important reasons, Forex-battle is entitled to charge the amount of 75% percent of all fees which the User would have had to pay for the rest of the term had the User terminated the contract of their own volition within the set time limit as governed by the contractual agreement. The User’s right to prove that no damage occurred or that a substantially lower level of damage was caused due to the termination remains unaffected.
8.4 Written Form for Termination
If there is no option for terminating the contract in the respective Games, the termination must be submitted in written form, whereas e-mail is considered to be in compliance with the requirement of written form. A termination for important reasons can only be declared in written form and must include the reason(s) for the cancellation.
9 Responsibilities and Other Obligations of the User; Liability for Information Uploaded by the User; Copyright
9.1 User Responsibilities
It shall be the primary responsibility of the User to pay any and all applicable fees, unless he/she uses the basic version of the Games and/or Services (see paragraph 7 above). Furthermore, the User shall comply with all applicable game rules and provide accurate and complete information to Forex-battle upon entering into this agreement and through the duration thereof. Therefore, the User declares that all information relating to his/her person or other facts relevant to the contract (especially bank or credit card details) and which he/she provides on the User application or during the course of the contractual agreement are complete and correct to the best of his/her knowledge. The User is obligated to inform Forex-battle about any changes to this information without undue delay. The User is obliged to follow the game rules. In the case of repeated violation of the rules despite warnings to this effect, or in the case of a severe breach of the rules (see Sec. 8.3), Forex-battle reserves the right to suspend all services immediately and without warning, and to terminate the contract.
9.2 Installation of Software
Forex-battle is not liable for damages or loss of data on the User’s computer which may be caused by the installation of software which does not originate from Forex-battle.
9.3 Further Obligations of the User
9.3.1 Forex-battle provides the available Games and Services online for use with a web browser. Forex-battle neither provides nor installs any of the software required by the user on their local computer, especially but not limited to the operating system, web browser(s) or plug-ins such as Flash or Java, if applicable. Forex-battle also does not provide any support services for such software installations. It is solely the User’s responsibility to maintain the computer in a state which enables the use of Fore