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GENERAL TERMS & CONDITIONS FOR TANGRA STUDIOS Ltd.
1. Scope of Application
The following general terms and conditions regulate the use of online and mobile games and other services provided by Tangra Studios Ltd. (hereinafter referred to as Tangra Studios) on its Internet portal https://tangra.games, other Internet sites and different app stores (“Websites”). Tangra Studios offers a range of online games as well as other services which include, for example, downloading, installing, and participating in games, the possibility of creating a profile page, participating in blogs and forums, uploading media such as photographs, texts, and games and purchasing virtual currencies and items or other services. The players of Tangra Studios games and services 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 online and mobile games and/or services offered by Tangra Studios.
Tangra Studios offers Games and Services, which are based exclusively on these Terms & Conditions and the Privacy Policy, which constitute an integral part of the Terms and Conditions.
In addition to these general terms and conditions, any existing rules of the respective online or mobile game shall also apply. In the case of an inconsistency between these general terms and conditions and the rules of the game, the provisions of these general terms and conditions shall take precedence when settling the instance of contradiction. In addition, specific terms and conditions shall also apply to certain online or mobile games, specific versions and/or components of online or mobile games, and individual services offered on Tangra Studios' websites as appropriate. Users will be appropriately informed of any specific terms and conditions prior to use of the respective offer.
Users have the opportunity to use the services of Tangra Studios' contractual partners for various online and mobile games and other services. In these cases, a separate contract between the user and the respective contractual partner of Tangra Studios shall be concluded. Users will be informed of this in an appropriate manner prior to concluding the contract.
Other provisions or general terms and conditions of a user, which deviate from Tangra Studios' General Terms and Conditions, shall only apply if Tangra Studios gives prior written consent to their validity.
The present Terms & Conditions expressly exclude issues arising from the use of the Website and Games with third-party hardware (e.g., PC, Apple, mobiles, tablets, etc.) or software (e.g., Google Play, iTunes, Windows Store) or the User’s Internet connection to access the Services, as these services are not supplied by Tangra Studios.
1.1. Users
1.1.1. Online and mobile games and other services offered by Tangra Studios are intended solely for the purpose of entertainment. The use of these games or services for business or commercial purposes is strictly prohibited.
1.1.2. Only those individuals who have reached the age of 18 or who have the express consent of their legal guardians at the time of the registration are entitled to use the full scope of the games and services provided by Tangra Studios. 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. At the time of registration for Tangra Studios games and/or services, the User explicitly guarantees that he/she is of legal age or he/she has obtained the express consent of his/her legal guardian.
1.2. Subject Matter of the Contract, Usage of and Changes to the Games and Services
1.2.1. Tangra Studios offers its Users the possibility of using games and services, which are offered by Tangra Studios on the Internet and App Stores subject to existing technical and commercial capabilities.
1.2.2. Participation in the games is only for entertainment purposes.
1.2.3. Tangra Studios, as part of its services, stores certain information at https://tangra.games and offers its Users the possibility of uploading information on the Internet and creating personal profiles, etc. which can be viewed by other users of Tangra Studios games and services as well as by third parties.
Furthermore, the User can also communicate with third parties via the https://tangra.games 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. Games are Services provided by Tangra Studios for the term of the contract comprising the provision of Game software for use in its respective form on the Tangra Studios platforms or software of third parties. The use of Tangra Studios Games and Services online is made possible through the provision of the relevant applications on the respective URLs by Tangra Studios or third parties authorized by Tangra Studios. The (license) acquisition of Game software and/or individual elements is excluded unless stipulated otherwise by a specific provision. Tangra Studios also reserves the right to provide or sell its Games on other digital media that may have a range of features that differ from the online versions of such Games. The sale of such Games is not subject to these Terms and Conditions.
1.2.5. In order to use the online and mobile games and other services provided by Tangra Studios, users must create a customer account (hereinafter referred to as Account) at the time of registration and, if needed, install the app in question. After successful registration, the user creates an Account that the user can manage independently. The user Account cannot be transferred without the explicit consent of Tangra Studios.
1.2.6. Only natural persons are eligible for registration. Only individual persons are permitted to be authorized users (no groups, families, spouses or life partners, etc.).
1.2.7. Registration, i.e., an application to open an Account, can be accomplished by filling out a form and providing the information requested therein. The use of Tangra Studios games and/or services will be permitted from the time an account is created for the user by Tangra Studios.
1.2.8. Users can choose a player's name after registration. Users have no claim to a particular player name. The selected player name may not infringe upon the rights of third parties and violate existing legal prohibitions or common decency. Moreover, no email or web address may be used as a player name. Users must ensure that the information provided to Tangra Studios during registration is genuine and complete.
1.2.9. Certain games also allow registration using Facebook login credentials. The data required for registration shall be taken from the user's Facebook account for this purpose.
1.2.10. Users must register for their accounts themselves. Registration performed via third parties, especially those that register individual people commercially at various service providers (registration services and/or entry services), is not permitted.
1.2.11. Users agree to immediately provide Tangra Studios with any future changes to data entered upon registration, in particular any change to the email address. Users are obliged to confirm for Tangra Studios the accuracy of their data upon request.
1.2.12. Users are required to maintain strict confidentiality regarding all login data, identification, and passwords. The terms "login data", "identification", and "passwords" include all letter and/or character and/or number sequences used to authenticate the user and prevent unauthorized use by third parties. The password should not be identical to the player’s name, and it should consist of a combination of numbers and letters. Users are required to protect all login data, identification, and passwords from third-party access.
1.2.13. In the event that a user has reason to believe that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall inform Tangra Studios immediately and change their data or have it changed by Tangra Studios. In this case or in the event that Tangra Studios has concrete evidence of misuse of data, Tangra Studios has the right to temporarily block access to the user's account. If there is evidence of misuse of data, Tangra Studios shall inform the user.
1.2.14. Users are under no circumstances entitled to use the login data of another user unless the rules of the respective online or mobile game or other service allow for exceptions.
1.2.15. A user is allowed to create multiple Accounts at the https://tangra.games portal. Several games, however, prohibit the use of more than one Account by one and the same User ("prohibition of multi-accounts"). Detailed information is provided in the rules of the respective game(s). Tangra Studios 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 suspension of the User or other types of punishments.
1.2.16. Even in games where the user is permitted to have more than one Account, such Accounts may not communicate with each other or interact in any way, shape, or manner (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 or play with another Account of the same User.
1.2.17. The prohibition on pushing applies to the Accounts of different Users. An Account cannot be used to dishonestly gain advantages through the Account of another User through the transfer of Game items or currency, or by deliberately losing a game, battle, hand, etc. (“boosting”).
1.2.18. The use of programs that place an excessive load on the Services is strictly forbidden, and this applies to the use of any software that would influence normal gameplay, in particular programs that systematically or automatically control games or individual game functions (bots, macros, etc.). Users may not take measures that may cause an unreasonable or excessive burden on technical capacity. Users are not allowed to block, rewrite, or modify content generated by the game administration or to interfere with the game in any other manner. Any reproduction, analysis, or modification of the Games, Game components, or content provided within the scope of the Services is also prohibited.
1.2.19. Under no circumstances may users create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the online or mobile games, use software that allows the mining of data, or otherwise intercepts or collects information in connection to the online and mobile games, use virtual items that are being used in online or mobile games outside of the online or mobile games, purchase virtual items for "real" money, or sell or swap virtual items, sell, buy, or trade user accounts.
1.2.20 Users are also prohibited from running the online game (including all individual web pages) with programs other than the internet browser or the client program that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement the web interface. Also prohibited are scripts and completely or partially automated programs that provide users with an advantage over other users. This includes auto-refresh functions and other integrated browser mechanisms if they concern automated procedures.
1.2.21. It is prohibited to apply measures that hide advertisements. It is of no significance whether advertising is deliberately hidden or cannot be displayed in general e.g., by so-called pop-up blockers, text-based browsers, or similar.
1.2.22. The automated creation of user accounts, regardless of whether the home page is displayed or not, is not permitted.
1.2.23. Tangra Studios or contractors authorized by Tangra Studios hold all and exclusive rights to items used and virtual items provided in online or mobile games. Users will only receive a non-exclusive right of use to the virtual items for the duration of the user agreement.
1.2.24. The games and services can only be accessed by means of a standard web browser, a mobile device, or special tools which have been provided or expressly approved by Tangra Studios (Ban on of non-authorized scripts). In other words: The use of programs that cause excessive server load is 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 Gamingzone.com platform is prohibited.
1.2.25. The use of programming bugs and/or errors to achieve personal gain is strictly prohibited. Any identified bugs or errors should be reported immediately via the contact form.
1.2.26. The use of the Games and Services using anonymizer services (e.g. proxies) or other processes that conceal the location of the residence or the usual place of residence of the User is prohibited.
1.2.27. Once an Account has been created, the User may use the respective game and/or service or access the https://tangra.games game portal or enter the respective URL and logging in thereafter.
1.2.28. The User has no legal claim to open an Account or to publish content on Tangra Studios' websites, online games, mobile games, or other services.
1.2.29. Current technical and other requirements for the Games and Services are available on the https://tangra.games portal and/or the respective websites of the Games.
1.2.30. Tangra Studios’ Games and Services are continuously being updated, adapted, enhanced, and modified. For this reason, the Users can therefore only participate in the respective games, services, or other offers in their respective form provided at any given time.
1.2.31. Users are responsible for ensuring that their own software and hardware are suitable and up-to-date.
1.2.32. Use of the basic version of the Games is free. 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.
1.2.33. The User has no legal claim to demand the perpetuation of Tangra Studios’ Games and/or Services as they were at the time of concluding the contract. Tangra Studios reserves the right to cease operation of individual Tangra Studios’ Games and/or Services at any time without prior notice or justification. In such event, Users may, at their own discretion, request that any fees paid in advance within the scope of continuing obligations that have a time limit (premium memberships, subscriptions, etc.) be credited to other Games and/or Services, or that Tangra Studios refund any fees paid in advance. This right does not apply to fees for Services that have been fully rendered within the scope of individual obligations (e.g. individual orders). The User’s right to terminate the contract with immediate effect in the event of Games and/or Services that are unusable remains unaffected. Any further claims made by the User are excluded unless otherwise expressly stipulated in these Terms and Conditions.
2. Offer and Conclusion of Contract
2.1. By completing the registration process or downloading and installing a Game, the User enters into a binding contract (hereinafter referred to as "User Application") to use the Games and Services of Tangra Studios. For this purpose, all fields of the registration form marked as being "required" must be completely and correctly filled in.
2.2. The agreement between Tangra Studios and the User is considered valid only after Tangra Studios approves the User Application. Confirmation of the User Application can be explicitly communicated by Tangra Studios as a result of an action on the part of Tangra Studios which allows the User access to the Games and/or Services of Tangra Studios.
2.3. Tangra Studios 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 Tangra Studios’ Games and Services can, however, be sent together with the acknowledgment e-mail.
3. Right of Withdrawal
3.1. Users may withdraw their contractual agreement to use Tangra Studios Games and Services and to order Premium/VIP features within a period of fourteen (14) days following the conclusion of such, without providing a reason for the cancellation.
3.2. The cancellation period is fixed at 14 days from the date of the conclusion of the contract.
3.3. To exercise the right of withdrawal, Users must notify Tangra Studios (Tangra Studios Ltd, Sofia, Bulgaria, email: contact@tangrastudios.com) with a clear statement with a letter sent via email of their decision to terminate the contract for the use of the Games and Services or to order Premium Features. The User may use the sample cancellation form provided below, but this is not mandatory. The withdrawal deadline shall be considered as fulfilled if the User sends the email regarding the right of withdrawal within the deadline set for such. For rapid processing, please specify the name of the Game and any Premium Features or Services, including the User’s name and User ID in the email subject line.
3.4. Consequences of withdrawal:
Should the User decide to cancel the contract, all payments made by the User to Tangra Studios, including any associated delivery/shipping costs (excluding any additional costs incurred by the User by selecting another type of delivery other than the cheapest standard shipping offered by Tangra Studios), shall be refunded immediately by Tangra Studios, and no later than 14 days after receipt by Tangra Studios of the withdrawal notification from the User. Tangra Studios shall use the same method of payment to refund the User as that selected for the original transaction unless explicitly agreed otherwise with the User; under no circumstances shall the User be charged fees for such refund.
3.5. Please note:
Withdrawal will not be permitted if digital content is supplied that is not held on a tangible medium if the execution has already commenced with the User’s express prior consent and the acknowledgment that they thereby lose their right of withdrawal.
End of the right of withdrawal
Sample cancellation form
(If you wish to cancel the contract, please complete this form and return it to us.)
To: Tangra Studios Ltd. Sofia, Bulgaria; email: contact@tangrastudios.com
I/We(*) hereby declare that I/We(*) withdraw from my/our* contract for the purchase of the following products*/the provision of the following Service (*)
Ordered on (*)/received on (*)
Name of the user(s)
Address of the user(s)
Signature of the user(s) (for notification on paper only)
Date
(*) Delete as applicable.
4. Availability
Tangra Studios offers online and mobile games and other services within the context of its technical and operational capabilities, with an average annual availability of 90% (ninety percent). This excludes periods during which Tangra Studios Website servers, individual Games, and/or Services are not available on the Internet due to technical or other problems that are beyond the control of Tangra Studios (force majeure, the liability of a third party, etc.) and periods when routine maintenance work is carried out. The liability of Tangra Studios regarding the unavailability of the Games, and/or Services through malicious intent and gross negligence remains unaffected. Tangra Studios may restrict access to its Games and Services where necessary for reasons of network security and for the preservation of network integrity, in particular with regard to the prevention of serious failures or disruptions to the network, software, or stored data.
5. Access to and acknowledgment of these Terms and Conditions, changes and further notifications, contact by the User
5.1. The User accepts these Terms and Conditions as binding when submitting their User Application and using Tangra Studios Games and/or Services. These Terms and Conditions apply to every login within the scope of the Services and to participation in the Games and/or other use of the Services.
5.2. Tangra Studios reserves the right to change or amend these Terms and Conditions with regard to future arrangements at any time provided this is deemed necessary and if the User is thereby not disadvantaged in a breach of good faith.
5.3. The User will be notified of the changes made to the Terms and Conditions either on the Websites, Games or by email. Changes to the Terms and Conditions will always be clearly indicated to the User the next time they log in. The amended Terms and Conditions shall be effective immediately provided the User has agreed to such. Furthermore, the conditions as stipulated in section 5.1 shall apply.
5.4 Should the User not agree to the amendments to the Terms and Conditions, both parties may terminate this contract with a notice period of one month, unless a mutual right of termination exists pursuant to section 8.2.1. The original Terms and Conditions will remain in effect until the termination comes into effect. Payments made for Games and/or Services prior to the termination date relating to a time-limited continuing obligation will be reimbursed to the User on a pro-rata basis. Any additional claims by the User shall be excluded.
5.5. When notifying Users of the changes, Tangra Studios will inform Users of their right to the non-acceptance of such and their right to termination.
5.6. Unless otherwise stipulated in these Terms and Conditions or in other agreements with the User, Tangra Studios will generally communicate with the User by email. Users will ensure that they are able to receive all the emails sent by Tangra Studios to the address they submitted at the time of registration and subsequently. They will also be responsible for the appropriate settings of the spam filter and for regularly checking all incoming emails sent to this email address. For other correspondence, Tangra Studios reserves the right to use any form of communication it considers necessary.
5.7. When contacting Tangra Studios, the User will state which Games and/or Services and which Game or Service Account the correspondence relates to.
6. Specific conditions for the use of alternative communication facilities (particularly discussion forums, chats, comments)
6.1. Tangra Studios may provide users with different communication facilities for self-created entries and posts on Tangra Studios' websites, in the game, and on social networks (particularly discussion forums, chats, blogs, guest books, etc. as well as the utilization of their comment functions, altogether known as the "communication facilities"), which the user may use when available. In this regard, Tangra Studios only provides users with the technical environment for an exchange of information. However, users do not have the right to claim communication features.
6.2. Users take full responsibility for the content and entries they post. Users agree to release Tangra Studios from any legitimate claims from third parties arising from a culpable violation of the users' obligations. Tangra Studios explicitly does not claim content entered by users as its own. However, users shall grant Tangra Studios the permanent, irrevocable, non-exclusive right to use the content and contributions posted by the users.
6.3. As the Forum at https://forum.tangra.games would be the most used alternative way of communication and exchange of information the Forum Rules would serve as general terms of use to all the communication facilities.
7. Game instructions and Game rules
7.1. The Game instructions and the Game rules of the relevant Games and Services will be published on the Websites of the respective Games or Services.
7.2. Users acknowledge that they play and communicate with numerous other Users in the Games worlds and it is therefore imperative that the rules are upheld by all Users to ensure an enjoyable gameplay experience. When participating, the User accepts the rules and conditions for the participation in the Games and Services as legally binding.
7.3. The User will also refrain from undertaking any activity which could disrupt the normal operation of the Games and/or Services or disrupt the successful gameplay interaction between Users.
8. Fees, payment conditions, late payment
8.1. Basic version
Tangra Studios provides Users access to the Games and Services essentially and to the extent necessary, through the creation of a User Account and otherwise after downloading and installing a Game or Service. In this case, the User will initially only access a basic version of the Game or Service. The creation of an Account and the use of the basic version are free of charge. The basic version of the Game or Service can be used indefinitely and with no restrictions in the Game function (notwithstanding the right of Tangra Studios to terminate the Games or Services). However, the basic version does not allow Users full access to all the Game features or services.
8.2. Premium features and virtual currency
8.2.1. The User may acquire virtual currency (e.g., tokens, credits, etc.) or features for a fee that are not available in the basic version (“Premium Features”) e.g., advanced game functions or additional virtual Games products. No intangible and/or tangible assets are transferred when acquiring Premium Features, and the assignment of such to third parties is prohibited.
8.2.3. Premium Features may vary depending on the Game or Service. Information regarding the cost of the Premium Features offered, the functions included with such and their requirements for use can be viewed on the respective Game or Website. Depending on the specific Premium Feature and cost, one-time payments may be made to credit a Game with currency, features, or items which may be used for certain purposes subject to the relevant Game rules, or payments may be due periodically, i.e. on a daily, weekly, monthly, quarterly, six-monthly or yearly basis. All the charges are gross amounts and include the applicable taxes in the currency applicable to the user's region.
8.2.4. The Games are constantly evolving, and Tangra Studios, therefore, reserves the right to offer new Premium Features at any time. In the course of adapting and developing the Games, Tangra Studios also reserves the right to discontinue individual Premium Features with effect for the future and/or to offer them in the basic version (see section 8.1 above). In the latter case, claims from Users for the reimbursement of fees already paid are excluded.
8.2.5. Section 1.2.33 shall apply in the event of permanent discontinuation of a Game.
8.2.6. Users can submit their offers to purchase the available features by selecting the desired item and desired payment method offered in the respective online game or mobile game, clicking on the Buy button, and thus concluding the order process.
8.2.7. The payment options vary according to the online or mobile game, the participant's country, and the technically feasible payment options available in the market. Tangra Studios reserves the right to amend its payment options.
8.2.8. The money is collected via the service provider commissioned by the user for the respective payment process or via a transfer made by the user. For mobile games, money is collected via the respective app store. In individual cases, the general terms and conditions included by the authorized service provider may be applicable in addition to the general terms and conditions of Tangra Studios.
8.2.9. After completion of the payment process or, in the case of a transfer, after the receipt of the money in Tangra Studios' account, Tangra Studios shall credit the purchased features to the user's account. The credit simultaneously represents that the user has accepted a contract from Tangra Studios regarding the purchase of available features.
8.2.10. In mobile games on the portals of individual business partners and in online and mobile games that have been integrated into social networks, the conclusion of the contract may deviate from the procedure described here. In these cases, users will be informed of the specific procedure for concluding a contract.
8.2.11. The user acknowledges and agrees that all information provided as part of a payment transaction (in particular bank account, credit card number, etc.) is complete and correct.
8.2.12. If the User is a minor, they shall expressly declare when ordering the Premium Features that they have the means to pay for such Services or that such means were freely available to them.
8.2.13. If payment is made through a mobile-based method of payment, (e.g., Premium SMS, Premium Call, short codes, etc.), the order and payment of the terminal with the mobile application shall be deemed authorized and initiated by the owner on the User’s behalf if the User and the terminal owner are different persons.
8.2.14. If access via downloadable software for mobile phones is available for specific Games, the rules governing Premium Features will also apply to the payment of any costs arising.
8.3. Virtual currency transfers
8.3.1. A User may give virtual currency to another using the "send currency" tool in the games that support this feature. This tool is usually found in the profile pages. However, it is not allowed to send these gifts in exchange for money or an equivalent to money. Doing so could result in both accounts being blocked or a virtual currency penalty being stipulated at the reasonable discretion of Tangra Studios. Details about those cases can be found in the Rules.
8.3.2. The only permissible method for transferring virtual currency between accounts is the "send currency " tool (see above). Losing virtual currency on purpose (e.g. purposefully losing a poker hand at the table) in order to send virtual currency to a buddy (or to yourself at another account) represents a breach of the general terms and conditions. Doing so could result in the account being blocked and a virtual currency penalty being stipulated at the reasonable discretion of Tangra Studios. Details about those cases can be found in the Rules.
8.3.3. The misuse of scripts or manual processes in order to create virtual currency is not permitted. Doing so could result in Tangra Studios blocking the respective user account or stipulating a virtual currency penalty. Details about those cases can be found in the Rules.
8.4. Subscription / automatic renewal
If payments for Premium Features are required for a specific period of time, the User shall register for a subscription or a continuing obligation for such Premium Features that will automatically be renewed if it is not canceled by the User before the end of the fixed term pursuant to section 9.2 below. The subscription terms are provided in the respective Game rules.
8.5. Payment conditions and due date of payment
8.5.1. Tangra Studios is authorized to request advance payment for the use of Premium Features (see section 8.2 above). Such payments will be due upon conclusion of the contract and via the payment method selected by the User, (e.g. bank account, credit card, Premium SMS, etc.). The amount to be collected will be listed on the credit card bill or bank statement against Tangra Studios.
8.5.2. The calculations forming the basis of the billing shall be considered applicable insofar as there is no indication of manipulation.
8.6. Amendments to charges
8.6.1 Tangra Studios retains the right to revise the fees for features available for purchase or to offer new products, services, or methods of payment at any time, either on a temporary or permanent basis. This includes Tangra Studios' right to increase or decrease the fees for all individual features in all future cases of purchases of purchasable features.
8.6.2. Charges within the scope of continuing obligations may be modified with a notice period of two weeks either in writing or by email sent to the email address provided by the User. The amended cost will take effect if the User does not object to the modified charge within two weeks. The contractual relationship will continue under the modified conditions and costs. When notifying the User of such changes, Tangra Studios will inform the User of their right to object to such, to cancel the Services, the deadline, and the legal implications in force if they fail to submit an objection within the period specified. Should the User object within the deadline, both parties reserve the right to terminate this contract with a notice period of one month, unless a mutual right of termination exists under section 9.1. The original tariffs will remain in effect until the termination of the contract. Any fees (payments) made for continuing obligations that extend beyond the termination date will be reimbursed to the User pro-rata. Further claims by the User shall be excluded.
8.7. Late payment
In the event of late payment, Tangra Studios is authorized to charge interest at the current legal rate prevailing at the time. Tangra Studios is also entitled to discontinue the Services and suspend the User’s Account(s) when payment becomes overdue. No compensation for any current subscriptions shall be made during the Account suspension period.
8.8. Direct debit reversals, cancellation fees
8.8.1. Should Tangra Studios incur cancellation fees arising from a fault of the User arising from circumstances for which the User is responsible or owing to canceled transactions (back charges), the User shall bear all the costs associated with such.
8.8.2. Tangra Studios reserves the right to demand payment of the costs incurred by repeated attempts to debit the charges from the User’s account in addition to the original charge. Tangra Studios also reserves the right to demand an admin fee of up to EUR 5.00 per canceled transaction The User reserves the right to prove that no damage or a substantially lower level of damage was incurred.
8.9. No guarantee of gains or prizes
8.9.1. Tangra Studios cannot guarantee any gains or prizes to Users. In particular, Users have no right to claim the payment of a prize unless such claim is explicitly stipulated in these Terms and Conditions.
8.9.2. A claim to the payment of a prize is only permitted if Tangra Studios has explicitly offered or advertised such.
8.9.3. Moreover, claims to payments of prizes shall be excluded if Tangra Studios 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 Tangra Studios Games and Services, Users thereby agree that Tangra Studios may conduct a thorough investigation at any time pertaining to the legality of claims for prizes, and may withhold the payment of such from Users without their consent while the claim is under investigation. Claims to prizes will also be forfeited if the User has not complied with the rules of the Game. If a reason to doubt a claim arises, Users must provide sufficient evidence that they acted in accordance with the Game Rules. The User acknowledges and explicitly accepts this obligation to provide evidence, even if this is not expressly the case in law.
8.10. No offsetting, right of retention, or cession
The User may only offset a claim from Tangra Studios for outstanding accounts if their counterclaims are legally established. Users may only exercise their counterclaim if such is based on the same contract. The right of Users to assign their claims against Tangra Studios to a third party is excluded.
9. Term, termination, blocking of Users
9.1. Duration
Unless expressly stated otherwise for the respective online game, mobile game, or another service, the contract for the use of the Tangra Studios' website, online games, mobile games, and other services runs for an indefinite period. The contract begins upon accreditation or activation of an account by Tangra Studios.
9.2. Ordinary termination
Either party may terminate the contractual agreement with a period of notice and without providing the reasons for such, as follows:
9.2.1. If no limited contractual term has been agreed for a contract, both parties reserve the right to an ordinary termination at any time and with immediate effect.
9.2.2. If a contract for Games or Services for the use/provision of Premium Features has been agreed for a determinate period (see also section 8.2), such contract will automatically be renewed for the same period upon the expiry of the original contract. This shall not apply if the User terminates the contract within a period of 14 days prior to the end of the contractual term.
9.3. Termination on serious grounds
9.3.1. The mutual right of the parties to terminate the contract at any time on serious grounds shall remain unaffected by the above provisions.
9.3.2. If Tangra Studios is responsible for the extraordinary termination of the contractual agreement, the User will receive a pro-rata refund for any payments made by them for the respective time-limited Services, if applicable, (for time-limited Premium Features in particular) which apply to the period after the termination becomes effective. Further claims of the User shall be excluded unless otherwise specified in these Terms and Conditions.
9.3.3. Tangra Studios has the right to terminate the contractual agreement in particular for, but not limited to, the following reasons:
9.3.3.1. If the User has defaulted on payment of the fees and has not paid despite having received two reminders.
9.3.3.2. If the User knowingly violates any laws, Game rules, and/or rules governing the use of the Services and does not desist, despite having received a warning. A warning is not required in the event of a serious offense where it would be unreasonable to expect Tangra Studios to remain bound by the contract.
9.3.3.3. If the User has not used their Account for a period of time (that period would be different for the different Games and/or Services) despite having received a reminder from Tangra Studios.
9.3.3.4. Cases in which it would be unreasonable to expect Tangra Studios to remain bound by the contractual agreement generally include the following:
9.3.3.4.1. If the User violates criminal law.
9.3.3.4.2. If the User violates any of the prohibitions detailed in section 1.2 above.
9.3.3.5. Should Tangra Studios be justified in terminating the contractual agreement on serious grounds, Tangra Studios is entitled to claim the corresponding damages from the User.
9.4. Blocking of the User
9.4.1. Notwithstanding the right of termination, Tangra Studios is entitled to temporarily block the User’s access to the Services should any suspicion arise of abuse of the Games or Services provided by Tangra Studios (in particular a violation of the prohibitions in section 1.2 and or any other unauthorized manipulation) and/or with respect to the User’s conduct that would entitle Tangra Studios to an extraordinary termination in accordance with section 9.3.
9.4.2. Tangra Studios cannot be held responsible for any scores or achievements obtained and, should the player be blocked, shall not be liable for any tangible and/or intangible damages owing to the loss of opportunity to participate during the period of the suspension.
9.4.3. Tangra Studios reserves the right to apply other restrictions in case of lesser violations which include but are not limited to: removing content, issuing warnings, suspending a user from certain functions (e.g. chat or Forum).
9.4.4. If a user has been blocked or excluded, they may not log in again to a service provided by Tangra Studios without the prior consent of Tangra Studios.
10. Responsibilities and other obligations of the User, liability for information uploaded by the User, copyright
10.1. Obligations
The primary obligation of the User is to pay all applicable charges unless they are using the free basic version of the Game and/or Services (see section 8 above). In addition, the primary obligation of the User is also to comply with all the applicable Game rules and provide accurate and complete information required by Tangra Studios when concluding this agreement and during the term thereof. Users, therefore, declare that all the information relating to their person or other facts relevant to the contract (in particular bank and credit card details) and which User’s state on the User application form or during the contractual agreement is, to the best of their knowledge, complete and correct. The User shall notify Tangra Studios immediately of any changes to this information, and shall confirm the data following a corresponding request from Tangra Studios. In the event of a repeated violation of the rules, despite warnings to this effect, or a serious breach in accordance with section 9.3, Tangra Studios reserves the right to suspend all the contractual Services and deliveries immediately and without warning and to terminate the contract.
10.2. Installation of software
Tangra Studios shall not be liable for any damages or loss of data arising from the installation of hardware or software that has not been provided by Tangra Studios and which the User has used on their computer, mobile phone, or other (mobile) terminal (“Terminal”) to access the Games and Services.
10.3. Further obligations of the User
10.3.1. Tangra Studios may sometimes provide the Games or Services online. Tangra Studios neither provides nor installs any of the software required locally on the User’s Terminal (in particular operating systems, web browsers, and plug-ins, including Unity or Java). Tangra Studios can provide no support for such software. The User shall be responsible for maintaining the Terminal in a state which enables the use of Tangra Studios Games and Services, and Tangra Studios cannot provide technical support for the installation of any software required locally.
10.3.2. The User shall treat all non-public Accounts and access data (login, passwords, Account ID, etc.) in a strictly confidential manner with respect to third parties. The obligation of confidentiality also applies to friends, acquaintances, family members, and other players (e.g. group members) or other Users of the Services. Users should immediately notify Tangra Studios if they learn or suspect that an unauthorized third party has accessed such access data. Tangra Studios advises Users to use the contact form to do this for evidence reasons. Should a third party use an Account after obtaining the User’s access data because the User failed to take sufficient protective measures against unauthorized access, Users must assume the same liability for such misuse as if they themselves actually performed such action owing to the risk and uncertainty caused regarding who manipulated the Account and who will be liable in the event of a contractual or legal infringement of said Account. Tangra Studios reserves the right to consider all input into an Account using the User’s access data as input carried out by the authorized User. Tangra Studios recommends Users change their passwords regularly as a security measure. Users are solely responsible for the access to and use of their Accounts.
10.3.3. Should Tangra Studios have justifiable grounds to suspect that an unauthorized third party is unlawfully in possession of a non-public Account or access data, Tangra Studios may, but is not required to do so, and at its own discretion, change the account access data without prior notice, or suspend the respective Account as a security measure. Tangra Studios will promptly inform the authorized User and will, upon request, promptly communicate the new access data to such User. The User has no right to request Tangra Studios to restore the original access data.
10.3.4. The User is neither entitled to sell their complete Account nor any individual Game items, Premium Features, or Game functions to a third party or to transfer such in any other way. This shall not apply to the sale or transfer of offers or products created and provided by Tangra Studios for this purpose.
10.3.5. Although Tangra Studios protects its systems against viruses, virus infections can never be completely eliminated. In addition, unauthorized third parties may also send emails using Tangra Studios' name but without the consent of Tangra Studios, and such emails may contain viruses, spyware, or links to web content which may also contain viruses or spyware. Tangra Studios has no influence over such occurrences. The User agrees to check all incoming emails sent or supposedly sent by or in the name of Tangra Studios for potential viruses. This also applies to emails from other Users of the Games or Services.
10.3.6 The User agrees to adhere to the instructions of Tangra Studios, its employees, assignees, and vicarious agents, including specifically, but not limited to administrators and moderators of forums for a specific Game and/or Service.
10.3.7. The User agrees that they shall not, under any circumstances, use the Account, login name, or password of another User.
10.4. The User’s obligations regarding information submitted
10.4.1. Users shall exercise due care when selecting the information, they make available to other Users when uploading such within the scope of the Services.
10.4.2. The User shall not use the Services to spread any content (e.g. images, videos, links, names, words) that contains promotional, political, religious, insulting, offensive, violent, sexist, pornographic, or other immoral or objectionable material, in particular racist, politically extreme left- or right-wing content, persons or depictions. In addition, the User agrees not to use any copyrighted or otherwise legally protected terms, names, images, videos, music, games, or other material. If in doubt, the User shall promptly remove any content contested by Tangra Studios. Tangra Studios is also entitled to remove such questionable content itself. The User undertakes to respect any applicable laws and regulations at all times, especially with regard to youth protection, data privacy, protection of personal rights, protection against slander and defamation, copyright laws, and trademarks.
10.4.3. The User is not authorized to use the Services for illegal or unauthorized purposes. In particular, Users are strictly prohibited from using the usernames or email addresses of other Users to send unsolicited emails, promotional messages, or for any other commercial exploitation without their express prior consent.
10.4.4 Tangra Studios reserves the right to delete any content submitted by the User that is in culpable violation of the above rules and regulations.
10.4.5. Tangra Studios is in particular entitled to delete any information submitted by the User in whole or in part should concrete evidence arise of a breach of these Terms and Conditions, the instructions and rules of the respective Services, or which is otherwise illegal. In the case of information, this includes:
10.4.5.1. Information that is obviously offensive, racist, fanatical, or which glorifies violence;
10.4.5.2. Information that is of a harassing, insulting, threatening, obscene, defamatory nature or which is libelous to other persons;
10.4.5.3. Information that is sexist, pornographic, or otherwise harmful to minors or which contains links to websites unsuitable for minors;
10.4.5.4. Information that is false or misleading and/or which is intended to promote illegal activities;
10.4.5.5. Illegal or unauthorized copies or the distribution of works protected by copyright, for example by providing illegal computer programs or links to illegal computer programs, information on how to bypass copy protection measures, illegal copies of music, links to illegal copies of music or other copyright infringements;
10.4.5.6. The sending of junk mails, “ chain letters” and/or unsolicited mass emails, instant messages, and spamming;
10.4.5.7. Restricted sites or images that are hidden or password-protected;
10.4.5.8. Information promoting or endorsing criminal activities or providing instructions for committing criminal activities including, but not limited to, the production or purchase of arms, child pornography, fraud, drug trafficking, gambling, stalking, spamming, distribution of computer viruses, and other harmful files, copyright infringement, patent infringement and/or theft of trade secrets;
10.4.5.9. Information soliciting other Users to disclose personal information for commercial or illegal purposes, or inducing them to disclose login data;
10.4.5.10. Information promoting commercial or sales activities, such as contests, raffles, swapping offers, classified ads, and/or pyramid schemes;
10.4.5.11. Information containing image(s) of other persons without their express consent.
10.4.6. The User is not entitled to request Tangra Studios to restore such deleted information. Moreover, Tangra Studios is also entitled to exclude the User from further participation in the respective Services and, in the case of repeated infringements of the aforementioned prohibitions despite written notice, to terminate the User’s Account without prior warning. Tangra Studios reserves the right to make any further necessary and additional claims, particularly the entitlement to damages.
10.4.7. Users will inform Tangra Studios if they become aware of an abuse of the Services by other Users or third parties (e.g. the dissemination and sending of content that is prohibited under section 10.4.5.). Tangra Studios requests that such information be provided in writing (e.g. email) to ensure that effective measures can be taken.
10.5. The User’s liability regarding information submitted
10.5.1. Users are solely responsible for any text, files, images, photographs, videos, sounds, music, copyrighted or other material, information, etc. (“ Uploaded Information”) which they upload within the scope of the Services or share with other Users. Tangra Studios neither condones nor approves such information.
10.5.2. Tangra Studios has no control over the Uploaded Information within the scope of the Services. Tangra Studios does not evaluate the Uploaded Information before it is made public but reserves the right to review and evaluate all the Uploaded Information for breaches against these Terms and Conditions and/or game rules. If Tangra Studios learns that specific Uploaded Information is illegal, it will delete such immediately.
10.5.3. Any liability on the part of Tangra Studios for Uploaded Information, in particular, the accuracy, completeness, and reliability of content, material, or information is excluded.
10.6. User Copyright
10.6.1. The User retains all the rights to the Uploaded Information. By posting information on the Websites and within the scope of other Services, the User grants Tangra Studios a non-exclusive, free of charge license, revocable at any time if such content is removed, to make the content available to the public within the scope of the Services and to edit (format, size, etc.), publicly offer, display, reproduce and distribute such content for the purposes of adapting it to the requirements of the Services.
10.6.2. Furthermore, Tangra Studios has no right of use to the Uploaded Information provided by the user and Tangra Studios is not authorized to use or distribute Uploaded Information outside the scope of the Services.
10.6.3. The User acknowledges and accepts that any Uploaded Information within the scope of the Services may be accessed globally through the Internet. Users also declare that they agree to these conditions when submitting any information.
10.6.4. This license shall become invalid when the User deletes any content from the Services.
10.7. Tangra Studios Copyright
10.7.1. Tangra Studios' websites and mobile games include various content that is protected by trademarks, copyrights, or other means for the benefit of Tangra Studios or third parties. Unless explicitly permitted within these general terms and conditions, users may not edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes any of Tangra Studios' websites, mobile games, or the content or any portion thereof. Only technical copies intended for browsing purposes and permanent copies intended solely for private use shall be permitted. Copyright information and brand names may not be changed, hidden, or removed.
10.7.2. The term "content" includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided by Tangra Studios. The term "content" also includes, in particular, all services available for download.
10.7.3. Any use of Tangra Studios' websites or mobile games for commercial purposes, especially advertising purposes, requires the express prior written consent of Tangra Studios.
10.7.4. In the case of offers that require the prior installation of client software, Tangra Studios grants the user an unrestricted, non-exclusive, non-transferable, personal, and time-limited in terms of the user agreement right to install the client software and use it for the agreed purposes according to these general terms and conditions and the rules of the respective game. The software may not be used for commercial purposes in any manner. Modifications to the client software and a back-translation of the relinquished programming code into other code forms and other types of reverse engineering of the software's various production levels are prohibited if these are not required for establishing interoperability. TangraStudios is liable for damages to the user in accordance with the statutory liability provisions.
11. Claims for defects
11.1. Tangra Studios grants the User access to the Games and Services in their current version only (section 1.2). Users have no right to demand the maintenance or restoration of a specific version or range of functions of the Games and Services and/or a score. When purchasing Premium Features, the User is granted all the statutory and contractual rights. The User acknowledges and agrees that, similar to any other software, the Games and Services provided by Tangra Studios can never be totally free of errors. The Games and Services can only, therefore, be considered defective if their playability or usability is severely compromised, and over a prolonged period of time.
Users shall document any faults regarding the Games and Services and/or other services or products supplied by Tangra Studios, and will provide a full written report of the error messages displayed. Before reporting potential bugs, Users must consult the instructions for the Games and Services and any other troubleshooting tools provided by Tangra Studios (in particular FAQ lists and discussion forums for problems). Users will use their best endeavors to support Tangra Studios in its attempts to remove the bug or defect from the relevant Game or Service.
11.2. Users will immediately notify Tangra Studios of any faults upon detection of such. For the purposes of evidence, it is advisable to submit such reports in writing (by mail, letter, or the Support contact form) to Tangra Studios.
11.3. Excluded from any warranty shall be defects and errors caused by external influences, faulty handling by the User, force majeure, or any changes or manipulations that are not carried out by Tangra Studios.
11.4. Tangra Studios can assume no liability for legal guarantees.
12. Liability and limitation of liability
12.1. Users shall be directly and immediately liable to third parties for violating any of their rights. The User shall indemnify and hold Tangra Studios harmless from any damage caused by the User’s failure to observe these Terms and Conditions. The User shall indemnify and hold Tangra Studios harmless from any claims by third parties against Tangra Studios for violations of their rights arising from content posted by the User or due to an infringement of other obligations. Users shall also be liable for any costs incurred by Tangra Studios for legal defense, including court costs and legal fees. This shall not apply if the User is not liable for such infringement.
12.2. Insofar as Tangra Studios offers Services free of charge, Tangra Studios shall assume no liability for any damages other than malicious damage or damage arising from gross negligence. This does not apply however to liability for injury to life, bodily injury, damage to health, or in the event of the provision of a guarantee by Tangra Studios.
12.3. Insofar as Tangra Studios provides Services for a fee, Tangra Studios shall assume unlimited liability for malicious intent and gross negligence. In the event of minor negligence, Tangra Studios shall only be liable for breaches of material contractual obligations or breaches of a guarantee. Material contractual obligations include those that enable the contract to be properly executed and on the performance of which the User can rely on. The above limitations of liability do not apply to injury to life, bodily injury, damage to health, or in the event of the provision of a guarantee by Tangra Studios. Tangra Studios’ liability under product liability legislation shall remain unaffected.
12.4. The obligation to pay damages shall be limited to foreseeable damages arising from a violation of material contractual obligations.
12.5. Foreseeable damages shall be limited to €100.00 per Account.
12.6. The above exclusions or limitations of liability shall also apply to the liability of the personnel, workers, employees, representatives, and agents of Tangra Studios, especially regarding the personal liability of shareholders, workers, representatives, company bodies, and their members.
12.7. Tangra Studios shall only be liable for any advice or responses provided that relate to queries regarding the content of the products supplied by us.
12.8. Tangra Studios expressly disassociates itself from the content of any sites to which direct or indirect references, “links”, exist from within the Services offered by Tangra Studios. Tangra Studios shall assume no responsibility whatsoever for such content or sites, and the relevant operators shall be exclusively liable for any content provided on such.
13. Final Clauses
13.1. Any notifications and declarations made to Tangra Studios by the user must be made in writing, and this shall also apply to the amendment or cancelation of the requirement of the written form.
13.2. The legal place of jurisdiction is Sofia, Bulgaria.
13.3. The law of the Republic of Bulgaria shall apply to these Terms and Conditions, including any future amendments, to any contracts concluded based on these Terms and Conditions, and to any further claims of any kind arising thereof, to the exclusion of the provisions pertaining to the UN Convention on contracts for the international sale of goods.
13.4. Should any provisions of these Terms and Conditions be or become invalid, the validity of the other provisions shall remain unaffected.
Sofia, Feb, 2022
Tangra Studios Ltd.
“Lozenets”, “Tsvetna gradina” str. 22
1421 Sofia, Bulgaria
e-mail: contact@tangrastudios.com
Chief Executive Officer:
Savina Savova
HTC Reg. 202606647
VAT ID No.:BG202606647