Terms and conditions

The current Terms and Conditions (**German: Allgemeine Geschäftsbedingungen, AGB**) for Drifting Souls 2 can be found at the following link on the game website: https://ds2.drifting-souls.net/ds?module=portal&action=infosAgb.

For the game rules issued on the basis of § 4 see here.

Since the original Terms and Conditions can only be found in German, an English translation can also be found. No liability is assumed for the correctness and up-to-dateness, see also Drifting Souls Wiki:Legal notices.

## English translation by DeepL

§ 1 Basics

I. Drifting Souls 2 (hereinafter: Game) is an online browser game operated by *[personal data censored by wiki author]* (hereinafter: Operator). The Operator makes the Game available to all users (hereinafter: Players). The Operator is represented by the Game administration.

II. all contents published within the framework of the game, as well as media and messages are subject to the provisions of these AGB as well as other regulations issued by the operator or the game management. In case of conflict between the AGB and other regulations, the AGB shall prevail.

III. by clicking on the checkbox "accept AGB"/(German: "AGB akzeptieren") the player confirms that he/she has taken full note of the AGB and their provisions. By sending the data, the player submits an offer to the operator and the game management to conclude an end user license agreement.

IV. These agreements and other regulations can be changed by the operator or the game management with effect for the future. Such a change will be made only for an important reason. The players will be informed about such a change in due time and must agree to it.

§ 2 End User License Agreement

I. The End User License Agreement is free of charge and comes into effect upon receipt of the offer in accordance with § 1 para. 3 AGB and the activation of the Player Account (hereinafter referred to as Account) by the Operator or the Game Management.

II. the player has no right to participate in the game. An existing end user license agreement can be terminated by the player, the operator or the game management at any time.

III. The Game is generally only available to persons over the age of 16. If the operator becomes aware of circumstances according to which a player is under the minimum age, the player must provide consent from a parent or legal guardian upon request.

§ 3 Account

I. An existing end user license agreement entitles the player to an account. With this account he can participate in the game, change his name as well as his profile picture, write messages and participate in the internal forum (Com-Net). The account shares the fate of the terminated or otherwise ineffective end user license agreement.

II. the operator reserves the right to change or delete account names, display names as well as all contents brought in by the player for technical, ethical as well as legal reasons.

III. the creation of multiple accounts (multiaccounting) is prohibited. Violations of this may result in termination of the end user license agreement with the multiaccounts as well as termination of the end user license agreement with the main account of the player.

IV. Each account is bound to the respective player. Keeping a third party account is not allowed and may lead to termination of the End User License Agreement with the main account of the third party as well as the own Player.

V. In case of inactive accounts, the End User License Agreement shall be deemed terminated. An account is considered inactive if it has not been accessed for at least 6 months or if it has been in vacation mode (VAC) for at least 12 months.

VI. the player is obliged to handle the access data to his account with the utmost care and to prevent it from getting lost under any circumstances. The loss of the access data must be reported to the operator immediately.

§ 4 Game rules

I. The player is not allowed to use mechanisms, software, programs or other routines that could interfere with the server or systems without the permission of the operator. He is not allowed to take any measures that could lead to an unreasonable overload of the systems. The use of special software, in particular for the systematic or automatic control of the games or individual game functions (bots, macros), for the reproduction or evaluation of the games, is prohibited.

II. it is forbidden to exploit bugs or errors in the programming of the game and in the course of the game, which could represent an advantage for the player, for one's own purposes and/or for the purposes of others. If bugs or errors are intentionally exploited, this may lead to termination of the end user license agreement without notice.

III. it is forbidden to use software that enables "data mining" or otherwise collects information related to the game without the permission of the operator.

IV. It is forbidden to use, buy for real money or sell or trade game content outside the games.

V. The Operator or the Game Management may issue further rules at any time with effect for the future; see § 1 paragraph 4 AGB. For the relationship between the AGB and the other rules of the game, cf. § 1 para. 2 AGB.

§ 5 Liability

I. Basically, any liability of the operator is excluded and takes place only in individual cases and in accordance with the following regulations.

II. the operator is liable for damages and compensation of futile expenses ("damages") due to violation of contractual or non-contractual obligations only:

* 1. in case of intent or gross negligence,
* 2. in case of negligent or intentional injury to life, body or health,
* 3. in case of negligent or intentional violation of essential contractual obligations,
* 4. due to the assumption of a quality guarantee,
* 5. on the basis of mandatory liability under the German Product Liability Act (Produkthaftungsgesetz) and in the area of application of § 44a of the German Telecommunications Act (Telekommunikationsgesetz), or
* 6. due to other mandatory liability.

III. damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless caused by intent or gross negligence or based on liability for injury to life, body or health or based on the assumption of a quality guarantee or based on product liability.

§ 6 Protection of personal data

I. The operator stores only the data directly necessary for participation in the game. These can only be viewed by the operator and are not used or traded for advertising or other commercial purposes.

II. the stored data include:

the e-mail address of the player provided for registration purposes

the IP address; this is stored for 30 days and then automatically deleted

a "session cookie" to authenticate the player; this is automatically deleted when the respective browser is closed. The Game does not use any "third party cookies".

III. the player can demand the deletion of his personal data at any time and without giving reasons. In such a case, the end user license agreement ends with the deletion. A renewed participation in the game is only possible again under the conditions of § 1 paragraph 3 AGB.

§ 7 Changes of the AGB

I. According to § 1 para. 4 AGB, the AGB can be changed. In such a case, the player will be informed about the changes via the internal messaging system (PM) as well as by means of an announcement on the start page of the game.

II. these agreements shall be deemed accepted if the player has not objected to them within 14 days of being informed thereof. Terms and conditions that are changed in the future shall also be deemed accepted if the player does not object to them within 14 days after being informed about them.

III. the objection is to be reported to the operator or the game management. The consequence of the objection is the termination of the end user license agreement.