I. Scope of Applicability
1. Burda interactive communities GmbH, Arabellastraße 23, 81925 Munich, Germany (hereinafter referred to as "BURDA-ic") offers all users (registered trial users and registered paying full users) of the Ragnarok Web Site and the online role play "Ragnarok Online" extensive contents and services that are maintained and further developed on an ongoing basis.
2. The following General Terms and Conditions of Business (GTCB) apply to the entire range of services and all other offers including further developments and improvements.. The latest version of the
server rules in English and the Etiquette-Regulations are a part of these GTCB.
3. Please note any applicable amendments and supplements to these GTCB.
II. Use for testing and paying full users
1. You can participate in Ragnarok-Online either as a test-user or as a paying full user. Participation as a test-user is for free but limited to a 7 days period of time starting on the date of first registration. After the expiry of the testing period you are entitled to continue to play your individual game character within 180 days after the last day of the testing period.
2. Any user is entitled to one single testing period only.
3. You will be automaticly converted from a testing user to a full paying user on the basis of you initial registration- and user data when paying the gaming fee
4. In case you are a beginner in Ragnarok-Online gaming we suggest to start gaming as a test-user in order to check if you meet technical requirements for participation.
5. BURDA-ic will convert Ragnarok-Online on 15.04.2004 from a cost free service to a commercial service. Because of the conversion anyone being a test-user on 15.04.04 at 0.00 o'clock will be able to continue playing his game character as paying full user only. This will also be the case, if your testing period started later than 14 days before 15.04.2004.
III. Registration
1. It is always necessary to register in order to use the services of BURDA-ic via Ragnarok Web-Site [link] . Anyone who is 18 years old and of full legal capacity is entitled to register for the services. Should you be younger than 18 years of age, you should only register with the consent of your parent(s) or guardian(s).
2. Admission is obtained through registering with BURDA-ic. You undertake to provide the information requested by BURDA-ic upon registration correctly and completely, if this information is marked as such. Please ensure that you update this information in case of any changes.
3. BURDA-ic reserves the right to reject or to revoke your registration for material reasons. In such event you will be informed about such material reason.
IV. Gaming fees for paying full users
1. Starting on 15.04.2004 the following gaming fees (EUR) will be charged until further notice:
30 hours palying time 5,95 (incl. VAT)
1 month 11,95 (incl. VAT)
3 months 29,95 (incl. VAT)
6 months 57,95 (incl. VAT)
12 months 99,95 (incl. VAT)
With your first payment, you will automatically receive an additional 7 days of playing time.
2. Payments can be made via credit card (VISA and Mastercard), via direct debit or via cash payment. Detailed payment information is available in the Pay2Play regulations [link].
3. The gaming fee is payable up front. You will only able to play Ragnarok-Online in time periods that already have been remunerated.
4. In principle we will not refund any payments. In case we cease to operate Ragnarok-Online for good, we will refund payments made for time-periods when Ragnarok-Online will not be accessible any more. Such payments we will make to the latest bank accounts or credit card accounts disclosed to us.
5. In case you gaming character will be "banned" within the Ragnarok-Online game for playful misconduct, the time period of the ban will be counted as time period with obligation to pay remuneration.
V. Data Protection and Data Security
For us to be able to provide our services, we process the data entered by you. Further information on the processing of data is available under
Privacy Policy. If you no longer desire storage, you can amend or delete all the information on you at any time. You may also modify your stored personal data anytime [link].
VI. Amendments to these GTCB, the Services, Restrictions
1. BURDA-ic reserves the right to amend these GTCB if the amendments can be reasonably expected of you, taking into account the interests of BURDA-ic. This is particularly the case if the amendments do not entail any economic disadvantages for you, e.g. if changes are made to the registration process, there are changes to points of contact, etc. and if adjustments are made to the GTCB in compliance with modified or new services or functionalities.
2. In order to maintain Ragnarok-Online on a high technical level the IT system will be revised and updated weekly during a three hour time period (generally Thursday, from 6.00 - 9.00 a.m.). Additionally extra revision works might be necessary. Such revision works will be announced in due time if possible. Due to the aforementioned revision and update services usage and/or the transfer to the services may be restricted or discontinued for temporary periods.
3. If you do not agree to amendments to the GTCB, you are entitled to terminate this agreement with immediate effect at any time. However, amendments to the GTCB are deemed to have been approved by you, if you continue to use one or several BURDA-ic services after the expiry of one month after the announcement of the amendments.
4. As a registered trial user, you are not entitled to the provision of services. BURDA-ic reserves the right to update, modify or discontinue the functions of individual services. BURDA-ic also reserves the right to possibly completely discontinue services.
VII. Responsibility for Contents
1. BURDA-ic offers you, among other things, communication services that enable you to disclose and disseminate your own information, particularly as texts, photographs and graphics. You are solely responsible for the contents that you disclose and disseminate via the Ragnarok Online Web Site. See our comments on this under the information on
data protection.
2. When using the communication services, you especially undertake not to violate applicable legal provisions. You will ensure that the contents disseminated by you do not infringe third party rights (e.g. copyrights, patents, brands or other proprietary rights), that you will observe criminal laws and provisions applicable under the Children and Young Persons Act and will particularly refrain from disseminating racist, pornographic, obscene or insulting contents and contents unsuitable for minors. Moreover, you undertake to observe the privacy of third parties, not to disseminate unrequested mass mailing actions nor unsolicited advertising and to refrain from doing anything that could endanger the performance and availability of the services.
3. BURDA-ic points out that contents received or sent or stored via the services are not checked as a basic principle or are only checked within the scope of applicable laws.
4. BURDA-ic is entitled to pass on contents to third parties and/or to delete these if this should be necessary based on statutory provisions, court orders or orders by an authority. This shall also apply to the disclosure of user data. Furthermore, BURDA-ic is entitled to delete contents if these violate requirements according to no. V.2.
5. You shall indemnify BURDA-ic from any third party claims asserted against BURDA-ic based on your infringement of third party rights or due to any other contents contrary to the law or contrary to the contract.
VIII. Technical Restrictions
1. You are aware that services provided by BURDA-ic may be subject to technical restrictions. This applies particularly to the maximum storage capacity and the maximum size of files, the maximum number of messages, publications and other contents as well as restrictions.
2. BURDA-ic is entitled to delete data and/or to refuse to store further data, if technical restrictions are exceeded. This applies particularly in the event that you do not use the services offered by BURDA-ic for a period exceeding 180 days.
IX. Restraint on disposal
By acceptance of these GTBC you are obliged not to offer, to let or to transfer your game account data, your game character, any deposit of gaming monies ("Zeny") or any goods you acquired within the virtual Ragnarok Online game to third parties for real currency. Especially you will not offer any of the aforementioned objects via online auction platforms (e.g. "Ebay"). Reason for this restriction is the desire of BURDA-ic, not to commercialise content of Ragnarok-Online or any "items" or "legal positions" acquired by gamers within Ragnarok-Online game. This way BURDA-ic wants to provide for that Ragnarok gamers will always act playfully when gaming Ragnarok-Online. Any breach of aforementioned restraint on disposal will lead to blocking of your account and deletion of your game character.
X. Software, Copyrights
1. BURDA-ic might provide you with software within the framework of services. However, this does not mean that BURDA-ic is granting you the non-exclusive right restricted to the period of use to use such software on a single-terminal computer for non-commercial purposes. You may only make copies of this software for the purpose of making backups and filing unless BURDA-ic explicitly permits you to pass on the software. The client program to take part in the Ragnarok Online game is hereby explicitly permitted to be freely copied and passed on by anyone. As a BURDA-ic user, you are obliged to keep the references to intellectual property contained in this software on all copies of the software and to observe relevant laws regarding use of the software.
2. You are not permitted to reproduce the software for a fee or to make it accessible to third parties for a fee, or to rent out or lease out the software and/or the rights to it for a fee. Nor are you allowed to transfer the software to third parties in any other form for a fee or to modify or translate the software or to do any reverse engineering, to decompile or disassemble the software or to create any other derivates based on the software. If you pass on the software on data carriers you may invoice the costs of the data carrier (e.g. CD) to the recipient.
3. The rights to intellectual property and other proprietary rights to the software remain with BURDA-ic and/or its supplier.
4. Agreements on further licence terms for software that you might receive in the course of BURDA-ic services remain unaffected by the above regulations.
XI. User's Duties
1. If you use the BURDA-ic services as a registered trial user, you undertake to use all the contents of BURDA-ic solely for private purposes. You are not permitted to use BURDA-ic for commercial purposes, e.g. by publishing and disseminating advertising measures. This applies in particular to all communication services.
2. You undertake not to notify your password to third parties, even upon request. We point out that BURDA-ic employees and other voluntary participants, e.g. game masters, are not entitled to ask you for your password. You will be responsible for any unauthorised use of your password except for cases, when third parties were able to find out your password because of culpably actions taken by BURDA-ic.
3. BURDA-ic is entitled to take all measures required, above all by (temporarily) blocking access to BURDA-ic services, if knowledge is gained of the possible misuse of passwords.
XII. Liability of BURDA-ic
1. BURDA-ic is liable for all its services and for supplied software even in the event of simple negligence caused by its legal representatives or vicarious agents, in the event of an infringement of essential contractual duties ("cardinal duties"), for impossibility for which BURDA-ic is responsible, for execution, for the absence of a warranted characteristic and for bodily injuries.
2. In other respects, BURDA-ic shall only be liable if the damage was caused by the wilful intent or gross negligence of the legal representatives or vicarious agents of BURDA-ic.
3. BURDA-ic assumes no guarantee for the accuracy, completeness or reliability of third-party contents.
4. For damage based on an absence of a warranted characteristic, BURDA-ic shall only be liable for cases of damage that should be covered by such a warranty.
5. You are aware of the fact that Ragnarok-Online is not free of software defects and can not possibly be so. BURDA-ic is not responsible for software defects that might impair the gaming experience.
6. Liability is restricted in all cases to typical, foreseeable damage, the maximum amount usually stands at ¤ 165.00. You are reserved the right to furnish proof of having suffered greater damage.
7. Liability under the Product Liability Act remains unaffected at any event.
XIII. Support
Due to legal restrictions we are only able to offer help and support services to users domiciled in the countries [pls amend] which are officially supported by BURDA-ic. Our support services are free of charge, thus for incorrect advise we are only liable in case of intentional and grossly neglect conduct of our employees. You will find support services within the Ragnarok-Online game provided as (i) in-game support by Game Masters, (ii) as FAQs, (iii) via Bug Traders [link]. (iv) the Ragnarok Forum [link] and the (v) Internet Relay Chat within EURIC network [link].
XIV. Termination
1. This contract may be terminated by you or BURDA-ic at any time each day with effect for the expiry of the following day without giving reasons for the termination. Please send your notice to terminate by e-mail to: kundendienst@burda-ic.com or by post to Burda interactive communities GmbH, Ragnarok Mitgliederbetreuung, Arabellastr. 23, 81925 Munich, Germany. BURDA-ic is also entitled to terminate this contract by e-mail which will be sent to the e-mail address last stated by you in the registration section. Notice of termination is effective upon receipt thereof.
2. In case the contract is terminated, BURDA-ic will cancel your trial account including all its contents and cancel your access to services. This also applies ifyou do not use the service(s) of BURDA-ic for a period of 180 days.
XV. Transfer of Rights by BURDA-ic
BURDA-ic is entitled to transfer the rights and duties arising under this contract to a third party. If such a transfer is made, you may terminate use of BURDA-ic services without observing a notice period.
XVI. Applicable Law
All legal relations arising from the use of BURDA-ic services shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.
XVII. Right of withdrawal
1. You may withdraw this agreement within two weeks from the date of agreement without any reason in written form or via e-mail. The withdrawal can be made in English or German language via e-mail to be sent to kundendienst@burda-ic.com or via post to be addressed to Burda interactive communities GmbH, Ragnarok Kundenbetreuung, Arabellastraße 23, 81925 München. The term for withdrawal is kept if such notice is brought on its way by user within the time period of two weeks.
2. The right of withdrawal is not given (i) in case the agreement's objective is a service that has meanwhile been initiated by yourself (§ 312d III BGB) or (ii) in case the object of the agreement is because of its nature not apt for return consignment (§ 312d IV no. 1 BGB), i.e. in case of software-downloads.
Munich, February 24
th, 2005
