terms.php

<h3 class="pop popgreen bold">Terms</h3>
<div class="links">
	Terms of Use:
    <br />
    <br />
    <ul>
    	<li><a href="http://agb.traviangames.com/Travian_EN_Terms.pdf" target="_blank">General Terms and Conditions Travian Games GmbH</a></li>
        <li><a href="http://agb.traviangames.com/Travian_EN_Privacy.pdf" target="_blank">Privacy Policy</a></li>
    </ul>
</div>
<div>
General Terms and Conditions 
Travian Games GmbH, Wilhelm-Wagenfeld-Str. 22, 80807 Munich, Germany – hereinafter 
referred to as TRAVIAN GAMES – operates the online game Travian (hereinafter: “game“). 
The services provided within the framework of this game are provided exclusively on the basis of these Terms and Conditions (Terms).  
&sect;1  
Scope of application 
(1) These Terms apply to all contracts, offers, deliveries and services of TRAVIAN 
GAMES, also in the future. We hereby expressly object to the applicability of any 
terms and conditions of the users of the games (hereinafter “user“).  
Any terms and conditions of users shall only apply  if TRAVIAN GAMES has expressly accepted them in writing.  
(2) In addition to these Terms, the rules of the game applicable in each case, the rules of 
the forums applicable in each case, the data protection regulations and the instructions 
for the game which are shown on the website of the game shall apply. 
(3) These Terms will solely be published on the websites of the game. They can be 
downloaded into the random access memory, stored on a permanent data carrier or 
printed out. However, upon the user's written request, the Terms can also be sent by 
post.  
(4) The Terms apply to all users of the game. Upon conclusion of the game user contract, 
the user accepts these as binding. Upon registration for the game the user will be asked 
to accept the Terms. They shall apply for any use of the game.  
(5) TRAVIAN GAMES offers the game solely to consumers as defined by Section 13 of 
the German Civil Code [BGB]. Use of the game for profit-making or other commercial 
purposes is excluded. Only persons who have reached the age of 18 at the time of registration are entitled to participate in the game. Minors are only entitled to participate 
in the game if their legal representative's approval has been given prior to registration 
for the game. Upon registration for the game, the user expressly confirms that he has 
reached the age of 18 and - for minors - the existence of their legal representative's approval. TRAVIAN GAMES may determine that the legal  representative's approval 
does not suffice.  
(6) TRAVIAN GAMES reserves the right to amend or supplement these Terms with effect for the future at any time if this should appear necessary (for example in order to 
adapt them to cater for the legal situation and legislation, to expand the spectrum of 
services of TRAVIAN GAMES etc.) and provided that this does not discriminate 
against the user in bad faith. The user shall be informed of any amendments to these 
Terms in a suitable manner by notification. This notification shall either be effected by 
a special window opening on the website of TRAVIAN GAMES when logging onto 
the game platform, by sending what is known as an in-game message to the user's own 
account or by an email to the email address specified by the user. In all cases, the user 
shall also be informed of the amendment through a highlighted notification in the 
course of the next log-on to the website.  (7) The user can object to the amendments to the Terms within one (1) month after the notification and accessibility of the information. For reasons of securing evidence, the 
user is advised to direct the objection in writing or by email to TRAVIAN GAMES.   
(8) Should the user not object to the amended Terms within a period of one (1) month after the notification and the accessibility of the information vis-à-vis TRAVIAN 
GAMES or should he continue to use the game, the amended or supplemented Terms 
shall become binding for him. Should the user object within the period of notice, both 
parties shall be entitled to give notice of ordinary cancellation of the contract. Up until 
the time of the termination of the contract, the original Terms shall continue to be 
valid.   
(9) In such a case the user may demand that credits already activated but not used are 
transferred to a different game server or the fee paid for them is reimbursed to him. 
The credits allocated to already activated premium  features whose period of use had 
not yet commenced at the time when the game or game server was discontinued will 
be reimbursed. The credits allocated to already activated premium features whose period of use had already commenced at the time when the game or game server was 
discontinued will not be reimbursed.  
(10) In the notification on the amendments, TRAVIAN GAMES will especially draw attention to the possibility of an objection and cancellation, the period of notice and the legal consequences, in particular the consequences of a failure to object.  The user is advised to keep up-to-date on the latest version of the Terms and the rules of the game. 
&sect;2  
Description of the service 
(1) The service of TRAVIAN GAMES consists in the provision of the websites of the 
game and the provision of the game itself. TRAVIAN GAMES offers the game to registered users free of charge in a manner that enables the game to be played; only the 
game itself is free of charge, the user is responsible for any additional costs (such as 
for the transmission of data, hardware and software). In addition, TRAVIAN GAMES 
offers credits subject to a charge for purchase by the user which entitle the user, at his 
discretion, to activate premium features which provide additional functions and possibilities for the game and might create advantages in the game and within the gaming 
activities. Credits only apply to the game and the  game server and for the game account from which they were purchased. Credits cannot be exchanged or returned. Further details are provided on credits and premium features in &sect; 5-6.  
(2) The use of the game is only open to users who have concluded a game user contract 
via their registration and have created a game account. The use of the game is allowed 
from the time when a game user contract has been concluded and TRAVIAN GAMES 
has opened a game account for the user for the game server concerned. For this purpose the user receives a simple, non-transferable right to use the free functions of the 
game in its current version. The user is not entitled to having a game user contract 
concluded or a game account opened. Notwithstanding different regulations per game 
or game server, the user may only have one game account. Further details are provided 
on the conclusion of a game user contract and on the opening of a game account in &sect;3.  
(3) The game and the game servers, the value of the credits and the premium features are 
continuously updated, adjusted, extended and modified in order to keep them interesting for as many users as possible in the long time. Therefore, the user only obtains a 
right to use the game, the credits and the premium features in their current version at any given time. The user does not have a right to request maintenance of the game, the 
credits and the premium features in the version current at the time of the conclusion of 
the contract.   
(4) At the discretion of TRAVIAN GAMES, the game is subdivided into individual game 
servers. The game and individual game servers are organised in game rounds or as a 
continually developing game at the discretion of TRAVIAN GAMES. The respective 
game server will be reset at the end of a game round. The user is not entitled to keep 
the game situation or position he has reached at this time or to having it transferred to 
a different game server. Nor is the user entitled to transfer his game account to another 
game server. At the end of a game round, the user may demand that already activated 
but unused credits are transferred to a different game server. The credits allocated to 
already activated premium features whose period of use had not yet commenced at the 
time when the game or game server was discontinued will be reimbursed. The credits 
allocated to already activated premium features whose period of use had already 
commenced at the time when the game or game server was discontinued will not be 
reimbursed. The term “game round“ will also be used below if the game is organised 
as a continually developing game in the long term; in this case, the term “game round“ 
is intended to mean the “duration of the game“.  
(5) TRAVIAN GAMES reserves the right to discontinue the operation of the game or of 
individual game servers at any time without having to state reasons for this. In this 
case, the user can demand that credits already activated but not used are transferred to 
a different game server. The credits allocated to already activated premium features 
whose period of use had not yet commenced at the time when the game or game server 
was discontinued will be reimbursed. The credits allocated to already activated premium features whose period of use had already commenced at the time when the game 
or game server was discontinued will not be reimbursed.  
&sect;3  
Conclusion of a game user contract and the opening of a game account 
(1) Membership commences upon conclusion of a game user contract and upon opening a 
game account for a game server by TRAVIAN GAMES. 
(2) Upon filling in the registration form, the user makes a binding offer for the conclusion 
of a game user contract concluded for an indefinite period. For this purpose, all data 
fields in the registration form must be filled in completely and correctly. Each game 
user contract refers to the participation in a specific game server of the game with a 
specific account.   
(3) The user must register personally. Registration by third parties, in particular third parties who register individual persons with various teleservice providers for profitmaking purposes (registration services or entry services), is not permitted. 
(4) TRAVIAN GAMES will confirm receipt of the application for the conclusion of a 
game user contract concluded for an indefinite period by sending an email to the email 
address stated upon registration. In this confirmation message, the user will receive an 
activation link. By clicking on the activation link, the game account will be activated 
for the game server selected by the user. By activating the game account, TRAVIAN 
GAMES simultaneously accepts the application for the conclusion of a game user con-tract. The user is not entitled to the conclusion of a game user contract and to the 
opening of a game account.  
(5) The user can arrange at any time for the game account to be deleted for the game 
server via the contact points set up in the game. This shall not affect the effectiveness 
of the concluded game user contract.  
&sect;4  
Information on withdrawal  
Right of withdrawal 
The user can revoke his contractual declaration to conclude a game user contract and to 
purchase credits in text form (e.g. letter, fax or  email) within a period of two weeks 
without having to state reasons for this. The period of notice commences at the time this 
information is received in text form but not before the contract is concluded nor before 
TRAVIAN GAMES has fulfilled its duty to inform according to Article 246 Section 2 in 
conjunction with Section 1 (1) and (2) of the Introductory Law to the German Civil 
Code [EGBGB] and its duties according to Section 312e (1) sent. 1 of the German Civil 
Code in conjunction with Article 246 Section 3 of the Introductory Law to the German 
Civil Code. The timely dispatch of the revocation notice shall be deemed sufficient to 
comply with the withdrawal deadline.  
Any revocation is to be directed to: 
Travian Games GmbH  
Wilhelm-Wagenfeld-Str. 22,  
80807 Munich 
Germany  
  
Fax: +49 (0)89 – 324 915 967 (Germany) 
E-Mail: protest@traviangames.com 
Consequences of withdrawal: 
In case of an effective withdrawal, the performance received on both sides shall be returned and any benefits derived from the use are to be surrendered. If the user cannot 
return the performance to TRAVIAN GAMES at all or can only do so in part or only in 
a worse state, the user must then compensate the value to TRAVIAN GAMES. This 
might result in the user nevertheless being obliged to make the payments under the contract for the period up until revocation. This shall not apply to the provision of credits if 
the deterioration of the credits is solely attributable to the examination thereof - as 
would have been possible for the user if he were purchasing an item at a shop. A duty to 
compensate the user for the value exists if he has used the credits in a manner that is 
incompatible with the principles of civil law - such as those of good faith or unjustified 
enrichment. In other respects, the user may avoid his duty to compensate the value by 
not using the credits as if they were his own property and refraining from anything that 
lowers their value. Any obligation to reimburse payments must be fulfilled within 30 
days. This period commences for the user when he issues his declaration of revocation, 
for TRAVIAN GAMES at the time of receipt of the respective declaration.   Premature lapse of the right of withdrawal: 
The right of withdrawal of the user lapses prematurely if the game user contract or the 
contract on the purchase of credits is completely fulfilled by both sides upon the express 
request of the user before the user has exercised his right of withdrawal.  
End of the information on withdrawal 
The user is advised to state the user name, the game account and the game server in the subject line of a notice of revocation by email.  
&sect; 5 Credits 
(1) TRAVIAN GAMES will possibly provide a service to the user in the game which 
simulates means of payment within the game (“game money“). Game money is activated by certain actions of the user within the game. The user is aware that game 
money is a game function but not real money. Any trade or exchange of game money 
for real money between users is expressly prohibited. Any exchange of the game 
money for real money is excluded.  
(2) TRAVIAN GAMES might also provide a service to the user in the game which enables premium features to be activated (“credits“). Credits are purchased by the user 
subject to a charge but may also be activated by certain actions by the user within the 
game at the discretion of TRAVIAN GAMES. The user is aware that credits are a 
game function but not real money. Any trade or exchange of the credits for real money 
is expressly prohibited. Any exchange or return of credits is excluded. Credits only 
apply to the game and the respective national game servers through which they were 
acquired.  
(3) The number of credits to be allocated, the game money to be put down and the conditions of the respective premium features are shown in the appropriate list in the game.  
(4) Unless the wording or context used specifies otherwise, the term “sell“ in connection 
with the transfer of credits means the “transfer to the user of a simple, non-transferable 
right of use to the credits, which is limited in time to the game round, for which counterperformance must be rendered“. Therefore, “buy“ means the “purchase of a simple, 
non-transferable right of use to the credits, which is limited in time to the game round, 
by the user“. The terms “buyer“, “seller“, “sale“ and “purchase“ and similar terms 
have analogous meanings.  
(5) Without prejudice to all other agreements and the rights of TRAVIAN GAMES the 
right to use the credits ends at all events when the game user contract existing between 
TRAVIAN GAMES and the user ends, in particular if it is cancelled. In this case, the 
user can demand that credits already activated and not used are transferred to another 
game server.  
(6) The value of the credits varies according to the tariff chosen and can be modified at 
any time. The latest technical and other requirements at any given time are shown on 
the website of the game. &sect; 6  
Premium features  
(1) Credits enable the user to activate premium features in the course of the game. 
TRAVIAN GAMES reserves the right to demand that game money is put down to activate premium features.  
(2) TRAVIAN GAMES offers users one or more of the following premium features for 
the game at its discretion:  
• Item: Virtual object which is available to the user for the duration of the game 
round (e.g. piece of furniture)  
• Artefact: Virtual object which is available to the  user for the duration of the 
game round or for a shorter period and creates one or more advantages for the 
user during the game (e.g. armour with special features) 
• Buff: Additional function which creates one or more one-off advantages for the 
user during the game (e.g. calling NPC (“non-player character“) traders). 
• Boost: Additional function which creates one or more advantages for the user 
during the game for a certain period (e.g. improved extraction of raw materials) 
• Premium membership: Additional function which enables the user to have an 
extended range of functions for the game (e.g. access to statistics) 
• Trading cards: Virtual collecting cards which represent a random compilation 
of premium features; each trading card stands for a premium feature  
• Wheel of fortune: Purchase of a randomly selected premium feature  
The website of the respective game server shows the premium features that are offered, which tariff they are offered at, which functions they have and what is required 
for them. TRAVIAN GAMES reserves the right to introduce new premium features.  
(3) Insofar as TRAVIAN GAMES offers trading cards, TRAVIAN GAMES shall ensure 
that the value of the premium features acquired is equivalent to the credits allocated. 
TRAVIAN GAMES reserves the right to make a system available for the game or individual game servers within which the user can exchange individual or several of the 
trading cards acquired by him for individual or several new trading cards.  
(4) Insofar as TRAVIAN GAMES offers a wheel of fortune, TRAVIAN GAMES shall 
ensure that the value of the premium features acquired is at least equivalent to the 
credits used. 
(5)TRAVIAN GAMES reserves the right to provide a platform to the users for the game 
or individual game servers within which users can exchange premium features among 
one another or trade with them. 
(6) TRAVIAN GAMES reserves the right to at any time offer new premium features or 
modify individual premium features or to no longer  offer them. In this case 
TRAVIAN GAMES will offer other features as a replacement and/or reimburse the 
credits allocated to the user at the option of the user if premium features have already 
been activated whose duration of use had not yet commenced at the time of the modification or at the time when these are no longer offered in the future.  Already activated premium features whose duration of use had already commenced at the time of 
the modification or at the time when these are no longer offered in the future will not 
be reimbursed. (7) If the game user contract existing between TRAVIAN GAMES and the user ends (for 
instance through cancellation or the discontinuation of the game or a game server), already activated premium features whose duration of  use had already commenced at 
the time of cancellation will not be reimbursed, even if their duration of use has not 
yet expired. The credits allocated to already activated premium features whose duration of use had not yet commenced at the time of cancellation will be reimbursed.  
&sect; 7  
Terms of payment, set-off, rights of retention 
(1) TRAVIAN GAMES shall be entitled to request a fee in advance for the acquisition of 
credits. The fee is due from the user upon acquiring a simple right of use to the credits 
restricted to the game round. TRAVIAN GAMES offers  various payment methods. 
TRAVIAN GAMES will also offer an anonymous payment method if this is technically feasible and reasonable for TRAVIAN GAMES. The user has no right to request 
the provision or maintenance by TRAVIAN GAMES of certain payment methods. 
Payments shall be debited to the bank account or credit card stated by the user or shall 
be otherwise collected at the option of the user.  
(2) All payment services are processed by our subsidiary TG Payment GmbH. TG Payment GmbH accepts receipt of payments for TRAVIAN GAMES in particular. TG 
Payment GmbH is a wholly owned subsidiary of TRAVIAN GAMES and is solely responsible for processing all payment services. The  user can make payment to TG 
Payment GmbH with a debt-discharging effect, i.e. he fulfils his duty to pay vis-à-vis 
TRAVIAN GAMES by making payment to TG Payment GmbH. TRAVIAN GAMES 
has the right to disclose user data to TG Payment GmbH for this purpose insofar as 
this is necessary for the calculation of the fee and for settlement with the user. Furthermore, TRAVIAN GAMES is entitled to provide user data to TG Payment GmbH 
insofar as receivables due to TRAVIAN GAMES by the  user have been assigned to 
TG Payment GmbH and this is necessary to collect the receivables.   
(3) If TRAVIAN GAMES is returned direct debits or cancels direct debits as a result of 
behaviour for which the user is responsible, TRAVIAN GAMES is entitled to stop the 
services and to immediately freeze the user's game account. This is without prejudice 
to the user's obligation to pay the fee. The user can cause the freeze on his game account to be lifted by paying the fees owed plus a processing fee. The user pays the 
costs for repeating the payment of the fee owed and the processing fee. The processing 
fee covers the costs for the return debits or cancellations, the freezing of the account, 
the notification of the freeze and the lifting of the freeze or the opening of a new account. In case a direct debit is returned or cancelled, the processing fee amounts to an 
equivalent of EUR 5. The user is free to furnish proof that no damage was caused or 
no costs were incurred at all or that these are substantially lower. It is not possible to 
lift the freeze for the countries of the MENA region, for the United Arab Emirates, for 
Indonesia and for Vietnam. 
(4) The credits allocated to already activated premium features whose duration of use had 
already commenced will be reimbursed in due proportion for the period of the freeze. 
In this connection the advantage that the user may have gained through the premium 
features in the period of the freeze will be taken into account through set-off.   
(5) The user may only set off counterclaims which are uncontested or declared legally 
valid from claims by TRAVIAN GAMES. The user may only exercise a right of reten-tion if his counterclaim is based on the same contractual relationship. Any assignment 
of the user's claims against TRAVIAN GAMES to third parties is excluded.  
&sect; 8  
User's duties 
(1) A user may not have several accounts for one game server at the same time. A breach 
of this rule can result in an immediate freeze or deletion of all of the user's accounts. 
However, the user is allowed to have one account each in various game servers at the 
same time. TRAVIAN GAMES reserves the right to allow several game accounts per 
user for a game or individual game servers. In this case, TRAVIAN GAMES shall 
point this out to the user in a suitable manner.  
(2) The user must ensure that the password he has received for his access is kept secret 
and is changed on a regular basis for security reasons. If a third party uses the game 
account of a user after he has obtained the user's access data because the user did not 
sufficiently protect it against third-party access, the user must tolerate being treated as 
if he had acted himself. The user is at liberty to furnish proof that he was not the person acting and that he sufficiently safeguarded the game account against third-party 
access.  
(3) With its websites TRAVIAN GAMES only provides a platform for the communication among players. The user himself is responsible for the contents of this communication. The platform only serves the purpose of game-related communication. It is 
prohibited to flood the communication platform with news, chain letters, snowball systems and other forms of spamming.  
(4) The user undertakes to observe the laws and regulations applicable to him when using 
the game and the websites of the game. Furthermore, he undertakes to refrain from the 
following actions:  
• Dissemination of statements with abusive, harassing or violent contents or with contents glorifying violence or with inflammatory, sexist, obscene, pornographic, racist, 
morally reprehensible contents or with other offensive or prohibited contents (which 
includes all names within the game e.g. user name,  name of the avatar, name of the 
village, town, alliance, guild, tribe, clan, vehicle, island, hotel, association, etc.).  
• The insulting, harassment, threatening, frightening, defamation and embarrassment of 
other users.  
• Dissemination of statements with advertising, religious or political contents (which includes all names within the game e.g. user name, name of the avatar, name of the village, town, alliance, guild, tribe, clan, vehicle, island, hotel, association, etc.). 
• The spying out, disclosure or dissemination of personal or confidential information of 
other users or employees of TRAVIAN GAMES or any other disregard of the private 
sphere of other users or the employees of TRAVIAN GAMES. 
• Dissemination of untruthful allegations about the race, religion, sex, sexual orientation, origin, social status of other users or the employees of TRAVIAN GAMES 
(which includes all names within the game e.g. user name, name of the avatar, name of 
the village, town, alliance, guild, tribe, clan, vehicle, island, hotel, association, etc.).  
• The spying out, disclosure or dissemination of confidential information of TRAVIAN 
GAMES. • Dissemination of untruthful allegations about TRAVIAN GAMES (which includes all 
names within the game e.g. user name, name of the avatar, name of the village, town, 
alliance, guild, tribe, clan, vehicle, island, hotel, association, etc.).  
• Pretending to be an employee of TRAVIAN GAMES or an affiliated company or 
partner of TRAVIAN GAMES.  
• Use of legally protected pictures, photos, graphics, videos, pieces of music, sounds, 
texts, brand names, titles, names, software or other contents without the consent of the 
holder(s) of the rights or having permission to do so by law or legal provision.  
• Use of prohibited or illegal contents.  
• Use of errors in the programming (called bugs).  
• Taking measures which lead to an overload of the servers and/or can considerably adversely affect the game play for other users. 
• Hacking or cracking and the encouragement or incitement to carry out hacking or 
cracking.  
• Dissemination of pirated software and the encouragement or incitement to disseminate 
pirated software.  
• Uploading of files containing viruses, Trojan horses, worms or destroyed data.  
• Use or dissemination of “auto“ software programs, “macro“ software programs or 
other “cheat utility“ software programs.  
• Modification of the game, the websites of the game or parts thereof.  
• Use of software that enables what is referred to as “data mining“ or in any other manner intercepting or gathering information related to the game.  
• Disruption of transmissions from and to the game servers and the website servers of 
the game.  
• Infiltration of game servers or the website servers of the game.  
Non-observance of these rules may, after a prior warning notice, lead to an immediate freeze 
or deletion of the game account or an instant extraordinary cancellation of the game user contract for good cause. In case of serious violations, a warning is not necessary. A violation is 
serious particularly if, when considering all the facts and circumstances of the individual case 
and taking the interests of both TRAVIAN GAMES and the user into account, TRAVIAN 
GAMES cannot be reasonably expected to await any further violation.  
(5) The user is only entitled to use the game via customary web browsers. Any additional 
use via additional programs, scripts or other supporting tools is expressly prohibited. 
Non-observance of this prohibition may lead to an immediate freeze or deletion of the 
game account or an instant extraordinary cancellation of the game user contract for 
good cause. In case of serious violations, a warning is not necessary. A violation is serious particularly if, when considering all the facts and circumstances of the individual 
case and taking the interests of both TRAVIAN GAMES and the user into account, 
TRAVIAN GAMES cannot be reasonably expected to await any further violation.  
(6) The user undertakes to adhere to the rules of the game. Non-adherence may, after a 
prior warning notice, lead to an immediate freeze or deletion of the game account or 
an instant extraordinary cancellation of the game user contract for good cause. In case of serious violations, a warning is not necessary. A violation is serious particularly if, 
when considering all the facts and circumstances of the individual case and taking the 
interests of both TRAVIAN GAMES and the user into account, TRAVIAN GAMES 
cannot be reasonably expected to await any further violation. 
(7) The games and game servers are intended to bring as much fun to the users for as long 
as possible. In order to provide the function of the games and game servers as per contract, TRAVIAN GAMES is therefore interested in preventing other users from disregarding the prohibition of using additional programs, scripts or other supporting tools. 
TRAVIAN GAMES has the right to use suitable programs in order to detect such 
breaches of contractual obligations by users and to identify the respective user in case 
TRAVIAN GAMES has a well-founded suspicion that a user is acting in breach of his 
contractual obligations. The user's attention shall be expressly drawn to the Privacy 
Policy of TRAVIAN GAMES.  
(8) Unless otherwise specified in these Terms or any other agreement with the user, 
TRAVIAN GAMES shall usually communicate with the user by email. The user shall 
ensure that emails sent by TRAVIAN GAMES to the email address stated by the user 
at the time of registration, or at a later time, actually reach him. This shall be ensured 
by appropriate settings of the spam filter and by checking this address regularly. In 
other respects TRAVIAN GAMES reserves the right to freely choose the form of correspondence for any other written communication. 
(9) Whenever the user contacts TRAVIAN GAMES, the user  is advised to state his 
player's name, the game server and the game account to which his inquiry refers.  
&sect; 9  
Defects in the game 
(1) TRAVIAN GAMES provides use of the game and the websites of the game to the user 
in the version existing at the respective point of time. Without prejudice to any claims 
in case there are defects in the game or in the websites of the game, the user is not entitled to request that a certain state and/or functional scope of the game be maintained 
or set up.    
(2) As a contribution to the proper operation of the game, the user is advised to always 
meaningfully document any defects that occur in the game or in any other supplies or 
services of TRAVIAN GAMES and in particular, to report them by recording the error 
reports displayed.   
(3) For the user's own protection, and in particular for reasons of securing evidence, the 
user is recommended to direct any notices of defects to TRAVIAN GAMES in writing 
(by fax, letter or email).  
(4) TRAVIAN GAMES shall not assume any guarantees in the legal sense, unless expressly otherwise agreed in writing. &sect; 10  
Rights of the user in case of defects 
(1) Insofar as TRAVIAN GAMES provides services free of charge, TRAVIAN GAMES 
shall not be liable under any circumstances for any damage other than that caused by 
gross negligence or intent. In the event of any defects of title, TRAVIAN GAMES 
shall only be liable beyond this for fraudulently concealed defects.  
(2) Insofar as TRAVIAN GAMES requests a fee for services, TRAVIAN GAMES shall 
have unlimited liability in case of intent and gross negligence. In addition, TRAVIAN 
GAMES is liable for the negligent breach of essential contractual duties or the breach 
of a guarantee. Essential contractual duties are defined as those duties which make the 
proper implementation of the contract possible in the first place, the breach of which 
jeopardises the fulfilment of the object of the contract and the fulfilment of which the 
user may rely on. In the latter case, however, TRAVIAN GAMES is not liable for 
damage which is not typical and could not be foreseen. The limitation period for 
claims based on sentences 2-4 is two years. TRAVIAN GAMES is not liable for any 
simply negligent breach of other duties.  
(3) The limitations and exclusions of liability above shall not apply in the event of death, 
physical injury and impairment of health or in the event that TRAVIAN GAMES accepts a guarantee. The liability of TRAVIAN GAMES based on the Product Liability 
Act and based on the scope of application of Section 44a of the German Telecommunications Act [TKG] remains unaffected.  
(4) The foreseeable damage is restricted in terms of amount to EUR 100 per game account.  
(5) In other respects, any liability for the recovery of the user's data is restricted in terms 
of amount to the costs required to recover data which would have been lost even if the 
user had carried out reasonable data back-up measures on a regular basis or which can 
be reconstructed from machine-readable data material at a reasonable expense even if 
no reasonable data back-up measures were carried out in any other manner on a regular basis. 
(6) The limitations and exclusions of liability above shall also apply as regards the liability of the employees, workers, associates, representatives and vicarious agents of 
TRAVIAN GAMES, particularly in favour of the stockholders, employees, representatives, executive bodies and the members thereof regarding their personal liability.   
&sect; 11 
Duration of the contract and termination 
(1) The contracts between the user and TRAVIAN GAMES on the use of the basic version of the game servers are concluded for an indefinite period of time, unless otherwise determined in the specific offer of TRAVIAN GAMES.   
(2) Should a fixed duration not have been agreed upon for the game user contract, both 
parties may give notice of the ordinary cancellation of the game user contract at any 
time with four weeks' notice. The game user contract must be cancelled in writing. Fax 
or email are considered written forms.  
(3) It is not necessary to give reasons for an ordinary cancellation.   (4) The right of the parties to give notice of the extraordinary instant cancellation of the 
game user contract for good cause remains unaffected by the provisions above. Reasons must be given to give extraordinary instant cancellation for cause.   
(5) Without prejudice to &sect; 8 par. 1, 3-7 TRAVIAN GAMES is entitled to give notice of 
cancellation for good cause if  
• the user has not used his game account for four weeks despite receiving a 
warning in this connection,  
• there are other circumstances which justify an immediate termination of the 
game user contract.  
(6) For technical reasons, there is a few days' delay in the final deletion of the user's data 
and the game account.  
&sect; 12  
Data protection and advertising 
(1) TRAVIAN GAMES shall handle all personal data which the user submits during the 
contractual relations strictly confidentially and in compliance with all relevant data 
protection regulations.  
(2) For technical reasons, participation in the game and the game-related services is not 
possible without saving user data. The user agrees to the electronic saving and processing of his data by applying to open a game account or by using game-related services.   
(3) Should a player request the complete deletion of his data, this shall automatically result in the deletion of his game account and the cancellation of the game user contract.  
(4) Upon deletion of the account, TRAVIAN GAMES deletes the data of the user from its 
system. However TRAVIAN GAMES remains entitled to continue to inform the 
user of innovations via emails also after the deletion of the account (for example 
in order to inform the user of the start of new game servers after the automatic 
end of a game server). The user may, of course, revoke his consent at any time in 
writing (e.g. by email) without incurring any costs, apart from the costs of transmitting the written revocation (at base rates). The user shall also be given the opportunity in all information sent by TRAVIAN GAMES and in every newsletter 
to refuse to accept further information and to dispatch an appropriate revocation.
(5) The user is aware that the websites and the game operated by TRAVIAN GAMES 
might be partially financed by advertisements.  The user therefore consents to 
TRAVIAN GAMES possibly enabling affiliated subsidiaries or associated companies to contact the user for advertising purposes. As long as the user does not 
object, his data may also be used for sending the user advertisements which reflect his interests (based on the information he has submitted to TRAVIAN 
GAMES and on his actions within the websites and games operated by 
TRAVIAN GAMES). The user may, of course, revoke his consent at any time in 
writing (e.g. by email) without incurring any costs, apart from the costs of transmitting the written revocation (at base rates). The user shall be given the opportunity in all advertising messages sent by TRAVIAN GAMES to refuse to accept 
further information and to dispatch an appropriate revocation.  
(6) In other respects, the TRAVIAN GAMES Privacy Policy applies.  &sect; 13  
Final provisions 
(1) These Terms and all contracts concluded on the basis of these Terms shall be subject 
to the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions of German private international law is excluded.  
(2) If the user has his place of residence or habitual  place of abode outside the Federal 
Republic of Germany, the registered office of TRAVIAN GAMES shall be the place 
of jurisdiction. This also applies if the user's place of residence or habitual place of 
abode is unknown at the time when legal action is brought. 
(3) Should provisions of these Terms be invalid, this shall not affect the validity of the 
remaining provisions.  
Travian Games GmbH 
Wilhelm-Wagenfeld-Strasse 22 
80807 Munich 
Germany 
Local Court of Munich, HRB 173511 
VAT ID No. DE 246258085 
Managing director: Florian Bohn  
Phone: 089/324 915 0 (no game support) 
Fax: 089/324 915 973 (only for plus support) 
Email: 
General: mail@traviangames.com
     
Last revised 15 October 2010  
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Privacy Policy of Travian Games GmbH
This is the Privacy Policy of Travian Games GmbH, Wilhelm-Wagenfeld-Str. 22, 80807 Munich, 
Germany (hereinafter: “TRAVIAN GAMES“). It applies  to all websites and games operated by 
TRAVIAN GAMES and/or by its subsidiaries.  
TRAVIAN GAMES shall handle all personal data which the user submits during the business relations 
strictly confidentially in compliance with all applicable data protection regulations. Details are 
provided in this Privacy Policy.  
In the event that a link contained on the website operated by TRAVIAN GAMES redirects the user to 
another website not operated by TRAVIAN GAMES, TRAVIAN GAMES draws the user's attention to 
the fact that the present Privacy Policy does not apply to this third-party website. TRAVIAN GAMES is 
not responsible for how the operator of this website handles user data. In particular, TRAVIAN 
GAMES is not responsible for the website not operated by TRAVIAN GAMES not having same data 
protection standards as those that TRAVIAN GAMES offers its users. Hence, TRAVIAN GAMES 
recommends the user to carefully read the privacy policies of linked websites.  
Which personal data does TRAVIAN collect, use and store? 
TRAVIAN GAMES collects, processes and stores the personal data which the user voluntarily submits 
to TRAVIAN GAMES by electronic or other means of communication (e.g. in standard forms or 
otherwise on the websites and games operated by TRAVIAN GAMES).  
This includes data which the user provides to other users when communicating with them on the 
websites and games operated by TRAVIAN GAMES.  
In order to register for the use of the games operated by TRAVIAN GAMES or in order to purchase a 
premium membership, the user must provide certain personal details, including his email address. If 
the user would like to purchase a premium membership for a user fee, this means that TRAVIAN 
GAMES will require further information from the user, such as his postal address, bank account 
and/or credit card information.  
TRAVIAN GAMES advises the user to handle his data carefully and sparingly and to carefully consider 
what and with whom he would like to communicate via the websites and games operated by 
TRAVIAN GAMES. Certain information, e.g. communications between users, is also visible for other 
users of the websites and games operated by TRAVIAN GAMES.  
  
Here are some examples of data stored by TRAVIAN GAMES:  
When a user accesses the websites and games operated by TRAVIAN GAMES, TRAVIAN GAMES 
automatically stores the domain name and/or the IP-address of the computer via which the user 
contacts TRAVIAN GAMES, the date and the length of  time spent on the websites and games 
operated by TRAVIAN GAMES and the pages of the websites and games operated by TRAVIAN 
GAMES accessed by the user.  
TRAVIAN GAMES stores the user's email address. TRAVIAN GAMES may use it to send newsletters 
and information on the games of TRAVIAN GAMES to the user. The user may, of course, revoke his 
consent at any time in writing (e.g. by email) without incurring any costs, apart from the costs of 
transmitting the written revocation (at base rates). The user shall be given the opportunity in all 
information sent by TRAVIAN GAMES and in every newsletter to refuse to accept further information 
and to dispatch an appropriate revocation.  
What does TRAVIAN GAMES do with the user's data? 
TRAVIAN GAMES collects, processes and stores the personal data of the user only insofar as TRAVIAN 
GAMES assumes that this reasonably serves legal business purposes. In other words: TRAVIAN 
GAMES collects, processes and stores the data of users so that TRAVIAN GAMES can better 
understand the users of the websites and games operated by TRAVIAN GAMES and thus offer them 
better services. For example, TRAVIAN GAMES may not only use the stored data to directly process the licence agreement including all related possibilities of use (e.g. use of the games; participation in 
services related to the games; use of the services provided by customer support) but also in order to 
detect malfunctions or the abuse of websites and games operated by TRAVIAN GAMES.  
For this reason, TRAVIAN GAMES will collect and store records which reflect how the websites and 
games operated by TRAVIAN GAMES are used, e.g. in-game user activities and in-game 
communication between users or communication within game-related services. This includes the 
monitoring of playing patterns and checks for possible manipulations of game operations which can 
then serve to detect abusive or improper activities of users. TRAVIAN GAMES uses special programs 
to detect infringements of the rules of the games,  e.g. programs which can detect the use of 
unauthorized scripts and which can store the IP address and other data which the browser transfers 
as header information. Should TRAVIAN GAMES discover that a user is acting in breach of his 
contractual obligations, e.g. by using unauthorized scripts, TRAVIAN GAMES expressly reserves the 
right to merge the IP address of the respective user with other data which TRAVIAN GAMES has on 
this user in order to bring the infringement to the attention of the user. TRAVIAN GAMES might then 
take further steps against the respective user in order to restore regular game operations.  
For the purpose of handling payments, TRAVIAN GAMES has the right to disclose user data to service 
providers instructed to collect the user fee insofar as this is necessary for the calculation of the fee 
and for settlement with the user. Furthermore, TRAVIAN GAMES is entitled to provide user data to 
third parties to whom receivables due to TRAVIAN GAMES from the user have been assigned 
provided that this is necessary to collect the receivables. TRAVIAN GAMES shall inform the user of 
the names of such third parties. If TRAVIAN GAMES cooperates with third parties in order to provide 
its services, TRAVIAN GAMES shall oblige such parties to comply with applicable data protection laws 
and to ensure adequate data protection.  
TRAVIAN GAMES may also use the information provided by or stored on the user purely for internal 
checks as regards demography, user interests and user behaviour. This use is carried out 
anonymized. TRAVIAN GAMES may also statistically evaluate information on the user in an 
anonymized and aggregated form for advertising and  market research. If and as far as TRAVIAN 
GAMES uses user data to create user profiles, TRAVIAN GAMES shall never pass on such profiles 
without the prior consent of the user and shall immediately stop such utilization of user profiles if the 
user objects to such use of his data.  
Only after their prior consent shall TRAVIAN GAMES  enable third parties to contact the user for 
advertising purposes. As long as the user does not object, his user data may also be used for sending 
the user advertising messages which reflect his interests (based on the information he has submitted 
to TRAVIAN GAMES and on his actions within the websites and games operated by TRAVIAN GAMES). 
What other data do we collect and how are they used?
Your web browser or your client software transfers geographic data, information on your computer 
(e.g. performance data, gaming data processing, type of browser) and data on the use of our 
products and services (e.g. time of login and logout). TRAVIAN GAMES uses these data to create 
summary statistics of its community. Furthermore, TRAVIAN GAMES can use these data for purposes 
of security and system integrity (e.g. to prevent hacking and cheating) or for purposes of prosecution. 
Please note that the use of your data may vary depending on the product and/or on the service. 
Please check the documentation of your game. TRAVIAN GAMES shall sometimes relate this 
information to your personal data, if TRAVIAN GAMES is of the opinion that our Terms of Use have 
been infringed or if TRAVIAN GAMES is ordered to do so by prosecuting authorities.  
TRAVIAN GAMES will also request you to enter a user name and a password. TRAVIAN GAMES 
requests you not to use your real name, the name of another person or the name of a protected 
brand as a user name.  If you are a registered user, your details in TRAVIAN GAMES databases can be stored to adjust the 
website to your specifications, to transmit user-specific information on TRAVIAN GAMES, its partners 
or third-party providers or for other business purposes.  
What are IP (internet protocol) addresses and how does TRAVIAN GAMES use these? 
An Internet Protocol ("IP")-address is a unique identification number assigned to your server or the 
server of your Internet service provider ("ISP"). TRAVIAN GAMES ascertains IP-addresses in certain 
cases for purposes of system management, account authentication and system administration. 
TRAVIAN GAMES might also use IP-addresses to restrict access to the servers of the company and to 
exclude individual systems so that the abuse of these servers is prevented.  
TRAVIAN GAMES might use these IP-addresses in connection with the data of a certain account or
user if TRAVIAN GAMES is of the opinion that our Terms of Use have been infringed or if TRAVIAN 
GAMES is requested to do so by a judicial authority. 
Disclosure to third parties 
We treat your data strictly confidentially and do not disclose them to external third-parties. 
However, TRAVIAN GAMES might be legally obliged to disclose your data in individual cases, such as 
to investigating authorities, whereby data are then only disclosed as far as required by law.  
TRAVIAN GAMES shall engage subsidiaries or sister companies or third parties to provide services on 
our behalf in an individual case. This particularly applies to payment processing via external service
providers (Paypal, Global Collect etc.). These external companies are obliged to treat your data 
confidentially, safely and in accordance with the law and may only use your data insofar as this is 
required to perform their task.  
Amendments to or deletion of personal data 
The user may change his personal data at any time (e.g. in order to update or correct such data) or 
delete his personal data completely. If the user would like TRAVIAN GAMES to change his personal 
data or to stop using his data, the user may contact TRAVIAN GAMES at privacy@traviangames.com.  
TRAVIAN GAMES will then make the required changes or delete the user data as quickly as possible. 
However, TRAVIAN GAMES points out to the user that for technical or organizational reasons, some 
measures may still be carried out after the user has submitted his request for deletion, if such 
measures had already been initiated but not completed by that time.  
  
Information on personal data 
Upon request, TRAVIAN GAMES shall notify the user without delay of all personal data saved on him 
free of charge. This information will usually be provided electronically, normally by email.  
TRAVIAN GAMES reserves the right to amend this Privacy Policy at any time, however TRAVIAN 
GAMES shall always observe the respectively applicable laws on data protection. TRAVIAN GAMES 
advises users to obtain information on the current Privacy Policy each time they visit websites and 
games. If TRAVIAN GAMES would like to use the personal data of users to a greater extent than 
previously, TRAVIAN GAMES shall, of course, notify users thereof in advance.  
Should you have any general questions on this Privacy Policy and on data protection at TRAVIAN 
GAMES , please do not hesitate to contact us at the addresses shown below. Please state your user 
ID, email address and, if appropriate, the game played. 
Data protection: privacy@traviangames.com Alternatively, you can send inquiries to our postal address:  
Travian Games GmbH 
Wilhelm- Wagenfeld- Strasse 22 
80807 Munich 
Germany 
Information for parents 
TRAVIAN GAMES is well aware that we bear a special responsibility for personal data provided to us 
by children. Hence, TRAVIAN GAMES recommends that parents tell their children never to actually 
enter their real names, addresses or telephone numbers without obtaining their parents' or their 
guardian's consent.  
Children aged between 13 and 17 should ask their parents to read through these basic principles on 
personal rights and contact us if they would like to use the possibilities we have of restricting services 
or of voicing any concerns.  
Minors under 18 may not register online for services subject to a charge without obtaining the prior 
consent of their parents or guardian. We kindly request parents and guardians to be particularly 
vigilant to ensure that their children do not break any laws while they use our websites or online 
services.  
If you use services offered within the framework of the listed TRAVIAN GAMES websites, you agree 
to the principles of TRAVIAN GAMES concerning personal rights. If you do not agree to these 
principles, you should not use the services offered on these websites.  
How safe are your personal data? 
TRAVIAN GAMES believes that it goes without saying  that the data that you send us are protected 
and remain unchanged in their original form. Access to personal data is strictly monitored for this 
purpose. In addition, TRAVIAN GAMES will do its utmost to ensure that subsidiaries and third-party 
providers, to whom TRAVIAN GAMES might transfer your data, treat you with the same respect and 
focus on data security.  
Third-party websites
Our websites might contain advertising or services  which are linked to other websites, such as 
Twitter, Facebook and YouTube. The fact that TRAVIAN GAMES creates a link to a website, does not 
constitute any endorsement, approval or opinion concerning our relation to this third party. If you 
click on the link to the website of a third party - which includes advertisements - you leave the 
TRAVIAN GAMES website you have accessed and change  to the selected website. As TRAVIAN 
GAMES has no control at all over the activities of third parties, we refuse to accept any responsibility 
whatsoever for the use of your personal data by such third parties. Furthermore, TRAVIAN GAMES 
cannot guarantee that such third parties follow the same data protection and security practices as 
TRAVIAN GAMES. You should therefore read through the data protection regulations of all other service providers whose services you use. Should you access the website of a third party which is 
linked to a TRAVIAN GAMES website, you should first note the data protection regulations of this 
website before you disclose any personal information.  
Products offered in cooperation with third parties
Users can register for other services from our website/websites. Certain products and/or services 
available on our website are offered to you in cooperation with third parties and might require that 
you state information serving to identify you, to register for those products and/or services and to 
ensure access to those products and/or services. Those products and/or services identify the third 
parties upon registration. If you register for those products and/or services the information serving 
to identify you is disclosed to those third parties and is subject to the data protection regulations and 
methods of those third parties. TRAVIAN GAMES assumes no responsibility for the data protection 
regulations and methods of those third parties. For this reason, you should note the data protection 
regulations and methods of those third parties before you provide the information serving to identify 
you in connection with those products and/or services.  
Glossary 
To make this Privacy Policy easier to understand, the most important terms are briefly explained 
below:  
What are personal data? 
Personal data are data which identify the user. These data can be used to contact the user in reality 
or to locate him. These data include, for example, the user's correct name, email address, telephone 
number, postal address or credit card data.  
What are user data? 
User data are data which are collected, processed and stored by TRAVIAN GAMES when a user 
contacts the websites and games operated by TRAVIAN GAMES. Above all, user data are 
characteristics serving to identify the user (e.g.  the domain name and/or the IP-address of the 
computer via which the user contacts TRAVIAN GAMES), information on the start and end and on the 
scope of the respective use of the websites and games operated by TRAVIAN GAMES and information 
on the accessed pages of the websites and games operated by TRAVIAN GAMES.  
Last revised: 15 October 2010 
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