This is a translation of our german Terms and Conditions (AGB).
You can find the german (original) version at www.4m7.de/agb.
1. Area of Application, Change of Terms and Conditions
The website 4M7, available under Top-Level-Domain 4m7.de ("4M7") is an offer from Tom Hofer. The performance and services will be offered based on these Terms and Conditions, Privacy Police and Site Notice. The Terms and Conditions will be published on the web pages of 4M7 and you can read them at any time.
The Terms and Conditions apply to every user of 4M7.
4M7 reserves the right to change these Terms and Conditions in the future. This kind of change only will take place, if there are changes in laws or introduction of new functions, which enlarge or change the offer of 4M7. The interest of the user will not be affected unreasonably. Changes of the Terms and Conditions have to be approved by the user. The user has to accept to be informed about it. Furthermore the user will be referred to Terms and Conditions beeing changed by a tip on the first page of 4M7, where it is possible to accept the new version of the Terms and Conditions. If there is no written objection by the user within a reasonable deadline of at least four weeks after having received the email the Terms and Conditions will be active. If the user disagrees the change of the Terms and Conditions, 4M7 is allowed to delete the account of the user. Changing the Terms and Conditions the user will be informed by way of email of having the possibility to disagree, the date of deadline and the legal consequences.
2. Contents of efforts
The performance of 4M7 includes the supply of 4M7. 4M7 aims to supply 4M7 uninterruptibly within technical possibilities. Because 4M7 is free of charge the user is not entitled to the availability of 4M7.
The offer of 4M7 will be developed further and changed to keep 4M7 attractiv to as many users as possible. There is no right of the user to use or keep certain functions, which were deleted or adapted.
4M7 reserves the right to finish the service of 4M7 at any time without indication of reasons.
By completing the registration on 4M7 the user will receive an account and will be member of 4M7.
There are requirements to become member: The user must be 16 years old at least or at least 7 years old and his legal representitive agrees.
Beeing registered the user has to choose a nickname. There is no right of having a certain nickname. Producing contents they will be referred to this nickname.
Each user is allowed to have one account using 4M7 only. There is no right to have more than one account. 4M7 is allowed to close these accounts involved. If there are more than one player using the same IP-address, 4M7 has to be informed.
If there should be a suspicion by 4M7, that an account has been used without permission, 4M7 is allowed to change the access to this account. In this case, the user will be informed immediately.Der Nutzer wird in diesem Fall unverzüglich über diese Änderung informiert.
There is no possibility to transfer one account to a different user, only if 4M7 agrees.
There is the possibility to buy units of a virtual currency ( credits ) with costs. Buying credits the user gets access to special features ( with costs ) ( „premium-features“) of 4M7, which can be bought using an certain amount of these credits. Credits only are a counting unit to regulate the access to premium-features, they are not a currency. There are special cases the user can achieve credits without having payed, e.g. having a voucher („unentgeltlich erworbene Credits“).
Buying credits the user always has to accept the actuell prices shown on the page. 4M7 is allowed to chage these prices at any time. The user has to buy the credits in advance. The licence agreement ist closed as soon as 4M7 has transfered the amount of credits demanded to the account.
There is no right to use credits eventually already transfered in case of reversal, cancellation or event of default.
Even having premium-features 4M7 still has the right to change these features at any time. The user has no right to keep a premium-feature in the original form.
It is not allowed to deal with credits using real money.
The user has no additional rights buying credits except the rights promised to use a certain premium-feature. Users having bought credits have the same rights and duties as users not having bought credits.
Premium-features are marked by 4M7 and the user will always be informed to use these. The user has to confirm using his credits. The right to use premium-features for some time is marked using credits ( once, limited according to time or permanent ).
Only in case 4M7 goes out of business the user can get back credits. In case the account is deleted because of rough breachs of the rules or because of the own initiativ of the user, there is no right to get back credits. There is no right to get back Credits the user got without paying. In case 4M7 goes out of business completely there is no right for the user to get back the amount of credits he has payed for.
5. Assignment of Rights
4M7 admits the simple, spartial unlimited right of copying, editing and public providing of contents, produced by the user, as well as text, graphics and links.
6. Right of Withdrawal
The user is allowed to withdraw the contractual statement within a deadline of 14 days without giving reasons. This has to be done in written text ( e.g. letter, email ). The deadline starts after having received this instruction in written words, but not before having closed the contract, as well as 4M7 has not fulfilled his duty of information following article 246 § 2 in combination with § 1 paragraph 1 and 2 EGBGB as well as the duties of 4M7 according to § 312g paragraph 1 sentence 1 GCC connected with acticle 246 § 3 EGBGB. For keeping the deadline to withdraw it will do sending the cancellation in time.
The revocation must be sent to:
Consequences of cancellation:
Gewerbestr. Süd 41
In case the cancellation will be activ the efforts received from both sides are conceded back. If there had been rights of using ( e.g. interests ), they have to be given back as well. In case the user is not able to give back things he has used ( e.g. benefits of use ) or only partly or in less good conditon, he has to supply compensation for lost value. This can be followed by fulfilling the duties of payment according to the contract up to deadline. Duties of payment have to be fulfilled within 30 days. The deadline fort he user starts by sending the cancellation, for 4M7 receiving the cancellation.
The right of cancellation will expire early, as long as the contract will be fulfilled expressly wished by both sides, before the user has executed his right of cancellation.
As long as the user got credits he is allowed to use these playing. The operator will start the contract at once induced by the user. The user declares to this his agreement by express by concluding the contract of using implied by using his credits. Moreover the user has to confirm his knowledge that doing so he will concede his right of cancellation. This legal consequence is regulated in § 356 paragraph 5 of the German Civil Code.
7. Privacy, Userdata and Account
There you can find out about the handling, storage and deletion of your data
8. Liability Limitation
As far as 4M7 is concerned basically any liability of damage produced by using 4M7 is excluded.
Exceptions are the responsibility of purpose, rough carelessness, damage of life, of body or health as well as in case of responsibility forced by law.
In this context the danger of health reasons by exceeding use of computer games should be mentioned.
9. Choice of Law
The law of the German Republic of Germany has to be applied. Excluded are the United Nations Convention on Contracts for the International Sale of Goods and the German private international law. In case the user has no general place of jurisdiction inside of Germany or he is a trader according to the Commercial Code, the place of jurisdiction for every legal dispute will be the residence of the operator. Moreover the operator is allowed to complain using the general place of jurisdiction of the user.
10. Final Clause
In case parts of these conditions are not according to applicable law, no more or not completely, remaining parts still are unaffected as far as the contence and the validity are concerned. Parts, which should be invalid, will be replaced by regulations, which are next to these according to commercial aspect.