Announcement Changes to the General Terms and Conditions from 01.11.2016

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  1. Dear Space Pilots,

    Bigpoint will apply changes to the General Terms and Conditions on 01.11.2016.

    We would like to explain what changes have been made and why.

    FAQ
    Q: Does the change affect all players?
    A: The change will affect all the game accounts that are registered with Bigpoint Sàrl and Co, SCS. Players who have registered with Bigpoint Inc. remain unaffected and will not therefore be asked to agree to the GTC again.

    Q: What changes will be made to the GTC?
    A:
    • Change to the contractual partner, place of jurisdiction, applicable law
      • Following internal restructuring, all the game accounts registered under Bigpoint Sàrl and Co, SCS have been transferred to our German company, Bigpoint GmbH. Your new contractual partner for your game user agreement is now Bigpoint GmbH in Hamburg and the place of jurisdiction (new: Hamburg) and the applicable law for the user agreements (new: German law) have therefore also changed.
    • Expanded scope of application
      • Bigpoint develops and distributes not only browser games but also games and Internet sites for the individual games. The GTC shall apply to all these services in future, and certain details have been modified accordingly.
    • Ban on pushing and boosting
      • The new GTC explicitly state that pushing and boosting is prohibited not only between accounts of the same users, but also between accounts of different users. This is stipulated in the interests of fairness and game enjoyment for all.
    • Ban on the use of anonymization services (e.g. proxies)
      • For accounting reasons we must ensure that we can assign payments from players to their physical location. The use of anonymization data (e.g. proxies) or other methods that conceal the player’s place of residence or habitual residence are now expressly prohibited in our games and services.
    • Payments via mobile phone
      • In accordance with the legal situation and jurisprudence, payments via mobile phone (e.g. premium SMS) will be deemed as accepted by the terminal owner even if the user is not also the subscriber to the relevant mobile contract. Any objections to billing via mobile devices must be asserted within eight weeks.
    • Charges for delays and cancelation
      • In the event of delays in payment, Bigpoint reserves the right to demand the statutory rate of interest. However, an administrative charge for blocking a game account following a delay no longer applies. Should cancelation charges be incurred for which the user is liable (e.g. insufficient funds), Bigpoint may demand compensation for such costs.
    • Blocking
      • The new GTC clearly and transparently stiuplate the circumstances that could justify a blocking of an account.
    • Confidentiality of account data
      • To prevent any abuse of an account, all non-public access and account data must remain confidential. This obligation to secrecy not only applies to external persons, but also to e.g. friends, family members and other players, i.e. clan members.
    Q: Do I have to agree to the new GTC?
    A: Yes, we are obliged to request you to explicity agree to the updated GTC.
    The GTC window will therefore appear in the game from 01.11.2016, and you must agree to these before you can continue playing our games.

    Q: What happens if I don’t accept the GTC?
    A: Once these GTC come into effect you can decide not to agree to them. However, this means that you will no longer be able to play our games.

    Your Dark Orbit Team
     
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