Table of Contents

1Scope of Application
2Offer and Conclusion of Contract
3Cancellation Policy and Sample Cancellation Form
4Availability
5Access to these Terms & Conditions, Changes and Further Notifications, Contact by the User
6Instructions and Rules of the Games
7Fees, Payment Conditions, Late Payment
8Term, Termination
9Responsibilities and Other Obligations of the User; Liability for Information Uploaded by the User; Copyright
10Claims Based on Defects
11Transfer of Private Information to Third Parties
12Liability and Limitation of Liability
13Final Clauses


Bigpoint operates an online gaming portal at www.bigpoint.com (hereinafter Portal). A range of online games as well as other services is offered on the Portal. These services include, for example, the possibility of creating a profile page, participating in blogs and forums, uploading media such as photographs, texts and games and purchasing virtual items or other services. The players of Bigpoint games and services, as well as the users of the Portal, 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 games and/or services offered by Bigpoint. The business relationship between Bigpoint and Users shall be exclusively based upon these Terms and Conditions, as well as the Data Protection Policy and the Imprint, which both constitute an integral part of the Terms and Conditions.

The contractual partner is Bigpoint S.à.r.l. and Co, SCS. User Terms & Conditions are not considered part of the general contract unless Bigpoint approves these in writing.

The following Terms & Conditions apply to the use of the Portal and the Games and Services. The Games and Services can be accessed primarily through a personal computer connected to the Internet by telephone, ISDN, broadband or equivalent connection. In addition, various other Internet-capable devices may be used, whereby the scope of operation and/or display characteristics may be limited.

These Terms & Conditions expressly exclude questions which might arise with regard to the establishment of Internet access, connection to websites and online games, and third-party software such as web browsers or access software, as these Services are not provided by Bigpoint.



1.1 Users

1.1.1 Bigpoint offers its Games and Services exclusively to Users with respect to the Luxembourg Civil Code (Code de la consommation). The use of Bigpoint Games and Services for pecuniary or any other commercial purposes is hereby prohibited.

1.1.2 Only those individuals who have reached the age of 18 are entitled to use the full scope of Games and Services provided by Bigpoint. 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 By registering to use the Games or Services, the User expressly warrants and represents that (i) he/she has reached the age of majority and is legally competent and/or (ii) in case of being a minor, he/she has obtained an express consent of his/her legal guardian(s).

Furthermore, continued use of the Games and/or Services by minors that have reached the age of majority shall signify approval thereby of any and all declarations of intent previously made in connection with the user agreement, unless Bigpoint is notified in writing of such an approval being withdrawn within two (2) weeks of the date the minor reaches the age of majority.

1.1.4 Users residing in Cuba, Iran, North Korea, Sudan, and Syria are expressly prohibited from using the games.



1.2.1 Bigpoint offers its Users the possibility of using Games and Services which are offered by Bigpoint subject to existing technical and commercial capabilities.

1.2.2 Participation in the Games is for entertainment purposes only.

1.2.3 Bigpoint, as part of its Services, stores certain information on the Portal and offers its Users the possibility of uploading information to the Internet and creating personal profiles, etc., which can be viewed by other Users of Bigpoint Games and Services as well as by third parties. Furthermore, the User can also communicate with third parties via the 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 The use of Bigpoint Games and Services online is made possible through the provision of the necessary applications at the respective URLs by Bigpoint. Bigpoint also reserves the right to offer or sell its Games on other digital media and which may have a range of features that differ from the online versions of said games. Such a sale of these Games is not subject to these Terms & Conditions.

1.2.5 The use of Bigpoint Games and Services is expressly limited to individuals who previously created a customer account (hereinafter referred to as Account) at the time of registration. An Account can be created at the Portal or at the URL of the respective Game(s). An Account which has been created at the Portal enables the User access to any of the Games subject to the conditions set forth in Sec. 1.1 above.

1.2.6 Registration, i.e. an application to open an Account, can be accomplished by filling out a form electronically and providing the information requested therein. The use of Bigpoint Games and/or Services will be permitted from the time an account is created for the user by Bigpoint.

1.2.7 Users are authorized to create multiple accounts on the 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). Bigpoint 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 ban of the User.

Furthermore, even in Games permitting Users to have multiple accounts, communication, or any kind of interaction whatsoever, between accounts of the same User is prohibited (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 another Account of the same User.

1.2.8 After creating an Account, the User may use the respective Game and/or Service by opening the Portal or the corresponding URL, and then logging in.

1.2.9 The use of Games and Services is only authorized via web browser or special tools made available and expressly permitted by Bigpoint (ban on unauthorized scripts). In other words: The use of programs which cause excessive server load are 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 Portal is prohibited.

1.2.10 The use of programming bugs and/oder errors to achieve personal gain is strictly prohibited. Recognized bugs should be reported as quickly as possible in the bug forum, by IRC or by e-mail.

1.2.11 The User is not entitled to open an account or to publish any information whatsoever on the Portal.

1.2.12 All respective, current technical and other Game and participation requirements for Services offered are contained on the Portal and/or the respective Game websites.

1.2.13 All Games and Services are updated, adapted, expanded and modified regularly. For this reason, the User is only granted the right to use the current version of the respective Games and Services.

1.2.14 The use of the Games in their respective basic version is free of charge. 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.

1.2.15 The User has no right to retain the Games and/or Services of the version current at the time of the conclusion of the contract. Bigpoint reserves the right to cease operation of individual Bigpoint Games and/or Services at any time without prior notice or justification. At his or her own discrection, the User may request, in such an event, that fees paid in advance within the scope of continual obligations (e.g. for Premium memberships, subscriptions) be credited to his/her account for other Games and/or Services operated by Bigpoint, or that Bigpoint recompense all fees paid in advance. The right does not apply to fees for services, which have been fully rendered within the scope of individual obligations (e.g. individual orders). The User’s right to terminate the agreement with immediate effect due to Games and/or Services which are unable to be used remains unaffected. Further claims made by the User are hereby prohibited unless otherwise expressly described in these Terms & Conditions.



2.1 By filling in the registration form for the Account, the User enters into a binding contract (hereinafter referred to as “User Application"). For this purpose, all fields of the registration form marked as being “required” must be filled in completely and correctly.

2.2 The agreement between Bigpoint and the User is considered valid when Bigpoint approves the User Application. Confirmation of the User Application can be explicitly communicated by Bigpoint as a result of an action on the part of Bigpoint.

2.3 Bigpoint 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 Bigpoint Games and Services can, however, be sent together with the acknowledgment e-mail.



Cancellation Policy:
Without having to state any reasons, the User can revoke his/her declaration of intent to enter into a contractual agreement for Bigpoint Games and Services and to order Premium features within a period of fourteen (14) days.

The cancellation period totals 14 days and shall begin from the date of contract conclusion.

In order to exercise the right of cancellation, the User must inform Bigpoint (Bigpoint S.à.r.l. and Co, SCS, EBBC D, 6 D route de Trèves, L-2633 Senningerberg, Email: stop.de@bigpoint.com) about his/her decision to terminate his/her contract declaration on the use of Games and Services and the order of Premium Features through a clear statement (e.g. a letter sent in the mail, fax or email). To do this, the User may use the sample cancellation form provided below; the use of this form however is not mandatory. The cancellation deadline shall be considered met as long as the notification concerning the exercise of the right of withdrawal is sent by the consumer before the end of the cancellation deadline. In order to quickly process cancellations sent via email, it is useful to specify the name of the game as well as any premium features or services, plus the user's name and user ID in the email's subject line.

Consequences of Cancellation:
In case of user cancellation, all payments made by the User to Bigpoint, including any associated delivery/shipping costs (excluding any additional costs arising on the part of the user selecting another type of delivery other than the cheapest standard shipping offered by Bigpoint), must be returned immediately and at the latest within 14 days of Bigpoint receiving the notification of user cancellation. To repay the User, Bigpoint shall use the same means of payment used by the User for the original transaction, unless the User explicitly agrees upon otherwise; under no circumstances shall the User be charged any fees for this repayment.
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Please note:
Cancellation shall not be considered valid if digital assets are delivered which are not supplied on a tangible medium, when the execution has already begun with User's express prior consent and his/her acknowledgment that he/she thereby shall lose his/her right of cancellation.

End of Cancellation Policy

Sample Cancellation Form

(Should you wish to cancel the contract, then please fill out this form and send it back to us.)

  • To Bigpoint S.à.r.l. and Co, SCS, EBBC D, 6 D route de Trèves, L-2633 Senningerberg; Email: stop.de@bigpoint.com
  • I/We(*) hereby give notice that I/We(*) withdraw from my/our* contract on the purchase of the following goods*/the provision of the following service (*)
  • Ordered on (*)/Received on (*)
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only for notification on paper)
  • Date
(*) Delete as applicable.



Bigpoint guarantees that its Games and Services will be available 90% (ninety percent) of the time on a yearly average. Excluded from this percentage are time periods in which Bigpoint portal servers, individual Games and/or Services are not available on the Internet due to technical or other problems which are outside the control of Bigpoint, such as force majeure, third-party fault, etc. as well as periods in which routine maintenance work is carried out. The liability of Bigpoint with regard to inaccessibility of the games and/or services by intent and gross negligence remains unaffected. Bigpoint can restrict access to its Games and Services if required for network security and preservation of network integrity, especially with regard to the prevention of severe breakdowns or interruptions of the network, software or stored data.



5.1 The User accepts these Terms & Conditions as binding by submitting his/her User Application and using Bigpoint Games and/or Services. These Terms & Conditions apply for each login to the Portal, especially when any of the Bigpoint Games and/or Services are used. The Terms & Conditions can be printed out or saved onto digital media before sending the User Application.

5.2 Bigpoint reserves the right to change or amend these Terms & Conditions with regard to future arrangements at any given time, provided this is deemed necessary and if the User is not put at a disadvantage in a breach of good faith.

5.3 The User will be notified of the changes made to the Terms & Conditions either by e-mail or on the website of the Games and Services offered by Bigpoint. Changes to the Terms & Conditions will always be provided to the User with a highlighted announcement at the next login. The modified Terms and Conditions shall be effective immediately, provided that the User has agreed to them. Furthermore, the conditions as stipulated in the second and third sentence of section 5.1 shall apply.

5.4 If the User objects to the changes of the Terms and Conditions, both parties are entitled to terminate this agreement with a one-month notice unless both parties have the right to terminate without notice according to Sec 8.1. Until termination has been finalized, the original Terms & Conditions will remain in effect. Any payment made for Games and/or Services which extend beyond the termination date will be reimbursed to the User on a pro-rata basis. Further claims by the User are considered hereby invalid.

5.5 Bigpoint, in the course of informing the User about such changes, will especially inform the User about the possibility of objecting to the changes, cancellation of Services.

5.6 Unless otherwise stipulated in these Terms & Conditions or in other agreements with the User, Bigpoint will generally communicate with the User by e-mail. The User will ensure that he/she can receive all e-mails sent by Bigpoint to the address he/she submitted to Bigpoint at the time of registration and at subsequent times. He/she is responsible for settings and maintenance of the spam filter and for regularly checking all incoming e-mail sent to this address. Bigpoint reserves the right to correspond with Users using whichever form of communication they deem necessary.

5.7 Upon contacting Bigpoint, the User will indicate which Games and/or Services and which Game and/or Service Account his/her correspondence pertains to.



6.1 Instructions and rules of the Games and/or Services will be published on the portal and/or on the websites of the respective Games and/or Services.

6.2 The User is consciously aware that he/she plays together with numerous other Users in online games, and that he/she communicates with different Users of Services over the Portal. In order to ensure successful interaction between the Users in the Games, it is imperative that the rules are observed by all Users. By using Bigpoint Games and Services, the User thereby acknowledges the rules and participation requirements as legally binding.

6.3 The User will also refrain from undertaking any other activity which could interfere with the normal operation of Games and/or Services or disrupt the successful interaction between Users.



Bigpoint provides Users access to the Games in principle as of the creation of a User Account (see Sec. 1.2 above). In this case, the User will initially only be provided with a basic version of the Game. The creation of an Account and the use of the basic version are free of charge. The basic version of the Game can be used indefinitely and without restrictions in Game function, without prejudice to Bigpoint’s right to withdraw the Game. In the basic version, the User does not have full access to all Game features.

The User has the option of receiving features which are not available in the basic version (hereinafter referred to as “Premium Features”) in return for payment. The Premium Features offered may vary from one Game to another. Information pertaining to the prices of the Premium Features offered, the functions included with these Premium Features and their requirements for use can be obtained from the website of each respective Game. Depending on the Premium Feature and price, a one-time payment may have to be made in order to credit an Account with features or items which may be used for certain purposes subject to the respective rules of a Game, or to make payments which are due periodically, such as on a daily, weekly, monthly, quarterly, semiannual or yearly basis. All prices listed include all possible applicable taxes.

All Games are updated regularly. Bigpoint therefore reserves the right to offer new Premium Features at any time. In the course of adapting and developing the Games, Bigpoint also reserves the right to discontinue individual Premium Features and/or to offer them in the basic version (see Sec. 7.1.1 above). All Users are excluded from reimbursement of fees paid.In the event of a permanent discontinuation of a Bigpoint Game, section 1.2.15 shall apply.

If the User is a minor, he or she expressly declares when ordering the premium features that he or she has received the means of payment necessary for these services or were freely available to him or her.

If there is a possibility of downloading software to a mobile phone allowing access to individual Games, the rules for Premium Features will also apply for payment of these accrued costs.

If payments for Premium Features are to be made at regular intervals, the User effectively enters into a subscription for these Premium Features that will automatically be renewed if it is not cancelled by the User before the end of the set time limit as stipulated in Sec 8.2 below. The subscription terms are described in the rules for the respective Games.

Bigpoint is authorized to ask for advance payment for the use of Premium Features (see Sec. 7.1.2 above). Such payment will be due upon conclusion of the contract and will be debited from the bank account or charged to the credit card account provided by the User, inasmuch as the User has not opted for another form of payment, for example, payment by text message for Premium Features. The amount to be collected will be displayed as “WWW.BIGPOINT.COM” or Bigpoint on credit card bills or bank account statements.

Bigpoint reserves the right to reduce prices or to offer new products, services or methods of payment at any time either on a temporary or permanent basis. In addition, Bigpoint is authorized to change prices at any given time with six week’s notice either in writing or by e-mail sent to the address provided by the User. The changed price will take effect if the User does not object to the changed price within six weeks. The contractual relationship will be carried forward according to the conditions and prices which were changed. Bigpoint, in the course of notifying the User about these changes, will inform the User about the possibility of objecting to the changes, cancellation of services, the set time limit and legal ramifications in the case of failing to submit an objection.

If the User objects within the set time limit, both parties reserve the right to terminate this agreement at the end of one month, unless the right to terminate immediately according to Sec 8.1 already exists. Until termination of the contract, the original Terms & Conditions will remain in effect.
Until termination of the contract, the original Terms & Conditions will remain in effect.

Any payment made for Games and Services which extend beyond the termination date will be reimbursed to the User on a pro-rata basis. Further claims by the User are considered invalid.

In case of late payment, Bigpoint is authorized to charge interest set at 3% above the applicable legal lending rate in Luxembourg. Bigpoint is also entitled to discontinue Services and to suspend the User’s Account(s) if payment is overdue. During the Account suspension period, no charges for subscriptions which have been entered into will accrue. Bigpoint, however, is authorized to impose a processing fee for suspending an Account, for informing the User of Account suspension, for reactivating the Account or for creating a new Account upon payment in full. The amount of the processing fees can be found on the Portal by accessing the respective Game and Service. The User is entitled to prove that no damage occurred or that a substantially lower level of damage was caused due to late payment.

If Bigpoint incurs costs and/or losses or if Bigpoint is charged a cancellation fee due to a cancelled direct debit payment as a result of User fault or circumstances leading back to the User, the User shall bear all cancellation fees generated as a result of these actions.

Bigpoint is entitled to demand payment of the costs incurred from repeated attempts to debit the charges from the User’s account together with the original fees. If payment of fees is made by direct debit or credit card, and a debit reversal occurs, Bigpoint will charge a service fee of EUR 9.60 per direct debit/credit card transaction plus banking fees accrued. The User is entitled to prove that no damage occurred or that a substantially lower level of damage was caused due to late payment.

Any direct debit authorization the User may have previously given to Bigpoint shall convert into a SEPA direct debit authorization. Bigpoint shall inform the User in advance before debiting his/her account (within five banking days prior)

Bigpoint does not guarantee prizes to Users. In particular, the Users do not have the right to claim the payment of prizes, unless such a claim is explicitly outlined in these Terms & Conditions.

A claim to the payment of a prize can only be permitted if Bigpoint has explicitly offered/advertised such a prize.

A claim to the payment of a prize also does not exist if Bigpoint 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 Bigpoint Games and Services, Users thereby agree that Bigpoint may conduct a thorough investigation at any time pertaining to the legality of the claim for prizes, and while this claim is under investigation may withhold the payment of the prize from the User without his/her express consent. A claim to a prize will also be forfeited if the User has not complied with the rules of the Game. If there is reason to doubt a claim, it is up to the User to provide sufficient evidence that he/she complied with the rules of the Game. The User acknowledges and explicitly accepts this obligation to provide evidence even when it is not usually common legal practice to do so.

The User may only set off a claim by Bigpoint for outstanding accounts if his/her counterclaims cannot be disputed or have been declared legally binding. The User can only withhold payment if his/her counterclaim is related to the same Terms & Conditions. The right of the User to assign his/her claims to a third party is invalid.

7.7 Services

Unless otherwise stipulated in the Service description, Services can be used free of charge. Furthermore, Sec. 7.1 through Sec. 7.6 apply to fee-based Services.



8.1 Duration

All contracts entered into between the User and Bigpoint are for an indeterminate period of time unless a limited period of time has been expressly specified in the Terms & Conditions.

Subject to the condition that the period of termination is respected, each party is legally entitled to terminate the contractual agreement without provision of any reasons, provided that the following is fulfilled:

8.2.1 If no limited period of time has been agreed upon for a contract, both parties may terminate the contractual agreement in a due and orderly manner with immediate effect.

8.2.2 If a contract (e.g. gaming or service usage contract) for using the Games and Services and/or premiumm features has been agreed upon for a set period of time (see Sec. 7.1.2 and Sec. 7.1.3), said contract will be automatically renewed for the same period after the original contract expires. unless the contract has been terminated by the user at least 14 days prior to the end of the contract period.

8.3.1 The parties may also terminate the contractual agreement for important reasons at any time without prejudice to the above regulations.

8.3.2 In the event that Bigpoint is responsible for a premature termination of the contractual agreement for important reasons, the User will receive a pro-rata refund for any payments made by them, if applicable, (especially for Premium Features) which apply to the period after the termination becomes effective. All other claims of the User are considered invalid unless otherwise specified in these Terms & Conditions.
Bigpoint has the right to terminate the contractual agreement especially for, but not limited to, the following reasons:

  • The User is late in paying fees of at least EUR 5.00 and has not paid despite having received two reminders.
  • The User knowingly violates any law or the rules of the Games and Services, and does not discontinue his/her actions despite having received a warning. A warning is not required in case of a severe offense where it would be unreasonable to expect Bigpoint to remain bound by the contract.
  • The User has not used their Account for a period of four weeks despite having received a reminder.

Cases in which it would be unreasonable to expect Bigpoint to remain bound by the contract generally include the following:

  • The User violates criminal law.
  • The User violates the prohibition of multi-accounts which may be stipulated in the respective Game’s rules (see Sec. 1.2 above).
  • The User violates the prohibition of pushing (see Sec. 1.2 above).
  • The User violates the prohibition of non-authorized scripts (see Sec. 1.2 above).
  • The User violates the prohibition of exploiting programming errors (bugs) (see sec. 1.2)
  • The User deliberately provides false information upon registration 2, User application form) or while completing payment of Premium Features (see Sec. 7.1).

In the event that Bigpoint correctly terminates the contractual agreement for important reasons, Bigpoint is entitled to charge the amount of 75% percent of all fees which the User would have had to pay for the rest of the term had the User terminated the contract of their own volition within the set time limit as governed by the contractual agreement. The User’s right to prove that no damage occurred or that a substantially lower level of damage was caused due to the termination remains unaffected.

If there is no option for terminating the contract in the respective Games, the termination must be submitted in written form, whereas e-mail is considered to be in compliance with the requirement of written form. A termination for important reasons can only be declared in written form and must include the reason(s) for the cancellation.



It shall be the primary responsibility of the User to pay any and all applicable fees, unless he/she uses the basic version of the Games and/or Services (see paragraph 7 above). Furthermore, the User shall comply with all applicable game rules and provide accurate and complete information to Bigpoint upon entering into this agreement and through the duration thereof. Therefore, the User declares that all information relating to his/her person or other facts relevant to the contract (especially bank or credit card details) and which he/she provides on the User application or during the course of the contractual agreement are complete and correct to the best of his/her knowledge. The User is obligated to inform Bigpoint about any changes to this information without undue delay. The User is obliged to follow the game rules. In the case of repeated violation of the rules despite warnings to this effect, or in the case of a severe breach of the rules (see Sec. 8.3), Bigpoint reserves the right to suspend all services immediately and without warning, and to terminate the contract.

Bigpoint is not liable for damages or loss of data on the User’s computer which may be caused by the installation of software which does not originate from Bigpoint.

9.3.1 Bigpoint provides the available Games and Services online for use with a web browser. Bigpoint neither provides nor installs any of the software required by the user on their local computer, especially but not limited to the operating system, web browser(s) or plug-ins such as Flash or Java, if applicable. Bigpoint also does not provide any support services for such software installations. It is solely the User’s responsibility to maintain the computer in a state which enables the use of Bigpoint Games. Therefore, Bigpoint does not provide any kind of technical support for the installation of locally-required software.

9.3.2 The User is obligated to treat all data provided by Bigpoint for the purpose of accessing the Games and Services (login, passwords etc.) in a strictly confidential manner. The User will inform Bigpoint without delay if their learns or suspects that an unauthorized third party has gained possession of said access data. Bigpoint advises the User to do this in written form, e.g. via e-mail. In the event that a third party gains access to Bigpoint’s Games or Services with the User’s access data because the User neglected to sufficiently protect the account from unauthorized access, the User must, due to the danger of an uncertainty caused by him/her regarding who misused the account or was responsible for a contractual or legal infringement of said account, assume the responsibility for said actions as if he/she had performed these actions himself/herself. Bigpoint is entitled to evaluate all entry into an account with the User's data as the entry of the User into the account. Bigpoint advises that passwords should be regularly changed for security reasons. The User is solely responsible for the access to and use of their Account.
The User is solely responsible for the access to and use of his/her Account.

9.3.3 In the event that Bigpoint has a justifiable reason to believe that an unauthorised third party is wrongly in possession of access data, Bigpoint may, but is not required to, at its own discretion, change the account access data without prior notice or suspend the respective Account. Bigpoint will promptly inform the rightful User and will, upon request, communicate the new access data to him or her without undue delay. The User has no right to demand that the original access data be restored.
9.3.4 The User is not entitled to sell their account to a third party or in another way, shape or manner to transfer it. This is not applicable for the sale or transmission of offers which have been created and reserved by Bigpoint for this purpose.

9.3.5 Bigpoint protects its systems against viruses. Even so, virus infections can never be completely ruled out. In addition, it is possible that unauthorized third parties may send e-mails using the name of Bigpoint without Bigpoint's consent, and that such e-mails may contain viruses, spyware or links to web content which, in turn, may contain viruses or spyware. Bigpoint has no influence over such occurrences. The User agrees to check all incoming mail sent or supposedly sent by or in the name of Bigpoint for potential viruses. The same applies to mails from other Users of the Games or Services.

9.3.6 The User agrees to abide by the instructions of Bigpoint , its employees, assignees and vicarious agents, especially including but not limited to administrators and moderators of forums for a specific game and/or service.

9.3.7 The User agrees that they shall not, under any circumstances, use the Account, login name or password of another User.

9.4.1 The User shall exercise due care in the selection of the information which they make available to other Users by uploading it to the Portal.

9.4.2 The User shall not use the Service(s) to distribute content including but not limited to pictures, videos, links, names, words which contain political, religious, insulting, offensive, violent, sexist, pornographic or other objectionable matter, especially including racist, right extremist or left extremist content, persons or depictions. In addition, the User agrees not to use any copyrighted or otherwise legally protected terms, names, pictures, videos, music, games, or other material. In case of doubt, the User shall promptly remove any content contested by Bigpoint. Bigpoint is also entitled to remove such questionable content on its own. The User will always respect any applicable laws and regulations, especially with regard to youth protection, data privacy, protection of personal rights, protection against slander and defamation, copyright laws and trademarks.

9.4.3 The User may not misuse the Service(s) for illegal or unauthorized purposes. It is strictly prohibited to use the account names or e-mail addresses of other Users without their express prior consent for the purpose of sending unsolicited e-mails, promotional messages or for any other commercial purposes.

9.4.4 Bigpoint is entitled to delete any content submitted by the User in culpable violation of the above-mentioned rules and regulations.

9.4.5 Bigpoint is especially entitled to delete any information in whole or in part which has been submitted by the User and which gives firm reasons to indicate a breach of these Terms and Conditions, the instructions and rules of the respective Service(s) or are otherwise in violation of applicable law. This, for example, includes but is not limited to:

  • information which is obviously offensive, racist, fanatical, or glorifies violence;
  • information which is of a molesting, insulting, threatening, obscene, defaming nature or is libelous to other persons;
  • information which is sexist, pornographic or otherwise harmful to underage persons, or which contains links to websites unsuitable for underage persons;
  • information which is false or misleading and/or which is intended to promote illegal activities;
  • illegal or unauthorized copies or distributions of a work 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;
  • the sending of junk mails, chain mails and/or unsolicited mass mails, instant messages, spimming and spamming;
  • limited-access pages or pictures which are hidden or password protected;
  • promoting or endorsing criminal activities or providing instructions for committing criminal activities, including but not limited to information on the production or purchase of arms, child pornography, fraud, drug trafficking, gambling, stalking, spamming, spimming, distribution of computer viruses and other harmful files, copyright infringement, patent infringement and/or theft of trade secrets;
  • soliciting other Users to disclose personal information for commercial or illegal purposes, or inducing them to disclose login data;
  • promoting commercial or sales activities, such as contests, raffles, swapping offers, classified ads and/or pyramid schemes;
  • providing picture(s) of another person without that person’s express consent.

9.4.6 The User is not entitled to demand that such deleted information be restored.

Furthermore, Bigpoint is also entitled to exclude the offending User from continued use of the respective Service(s) and, in case of repeated infringements of the aforementioned prohibitions despite written notice, to terminate the User’s Account without prior warning. Bigpoint reserves the right to make any further necessary and additional claims, particularly the entitlement to damages.

9.4.7 The User will inform Bigpoint in case he/she becomes aware of an abuse of the Service(s) by other Users or third parties, such as making accessible or sending information which violates this Sect. 9.4. To ensure that effective measures can be taken, Bigpoint requests that such information be provided in writing (e.g. e-mail).

9.5.1 The User is solely responsible for any texts, files, pictures, photographs, videos, sounds, music, copyrighted or other material, information etc. (hereinafter “Uploaded Information”) which they upload to the Portal or shares with other users. Bigpoint neither condones nor approves such information.

9.5.2 Bigpoint does not have control over the Uploaded Information on the Portal. Bigpoint does not evaluate the Uploaded Information before it is made public. If Bigpoint learns that specific Uploaded Information is illegal, it will be deleted promptly.

9.5.3 Bigpoint disclaims any liability or warranty with respect to the Uploaded Information, especially regarding accuracy, completeness and reliability.

9.6 Copyright

9.6.1 The User maintains all rights to the Uploaded Information. By submitting information to the Portal, the Games or Service(s), the User grants Bigpoint a non-exclusive, revocable license, free of charge, to publicly offer, display, reproduce and distribute such information.

9.6.2 The User does not grant Bigpoint any further rights to the uploaded information. Bigpoint is not authorized to use or distribute uploaded information outside of the Portal, Games or Service(s).

9.6.3 By submitting information, the User acknowledges and accepts that uploaded information on the Portal can be accessed globally through the Internet. With the uploading of such information, the User agrees to these conditions.

9.6.4 The aforementioned license ends at that time when the uploaded content has been deleted from the Portal and the Services by the User.



10.1 Bigpoint grants the User access to the Games and Services in their current version only (Sec. 1.2). The User has no right to demand the maintenance or restoring of a particular version or range of functions of the Games and Services. The User acknowledges and agrees that the Games and Services provided by Bigpoint, as with any other software, can never be completely free of errors. Therefore, the Games and Services can only be considered to be defective if their playability or usability is affected severely and over a sustained period of time.

The User shall document any faults in the Games and Services and/or other deliveries of Bigpoint, and to document them fully in writing along with a protocol of the error messages displayed. Before reporting a potential bug, the User shall consult the instructions for the Games and Services and any other troubleshooting tools provided by Bigpoint (especially frequently asked question lists and boards for troubleshooting). The User will use best efforts to support Bigpoint in any attempts to debug the Game or Service in question.

10.2 The User will notify Bigpoint in written form of any faults and without undue delay upon their discovery. To prove that the deadline has been met, it is advised to submit such reports in writing (fax, letter or e-mail) to Bigpoint.

10.3 Bigpoint is not liable for defects caused by external influences, faulty handling by the User, force majeure or changes or manipulations which are not performed by Bigpoint.

10.4 Bigpoint does not assume any guarantees or warranties.



The User herewith agrees to permitting their personal data to be be transferred by Bigpoint to company affiliate Bigpoint GmbH (Hamburg) within the framework of current applicable laws. For all matters pertaining to this, the Bigpoint data privacy policy is referred to.



12.1 The User shall be directly and immediately liable to third parties for violating any of their rights. The User shall indemnify and hold Bigpoint harmless against any damage caused by his or her failure to observe these Terms of Use. The User shall indemnify and hold Bigpoint harmless against any and all claims by third parties that posting of any content by the User or any other violations of these Terms of Use by him or her violates their respective rights. The User shall also be responsible for any legal costs Bigpoint may incur as a result of the said failure to comply with the Terms of Use, including court costs and attorney fees. This shall only apply in the event the User is responsible for any such infringement.

12.2 Provided that Bigpoint offers its services free of charge, Bigpoint shall only be liable for intentionally caused damage or damaged caused by gross negligence. This, however, does not apply to liability regarding loss of life, bodily injury or damage to health, or the assumption of a guarantee offered by Bigpoint.

12.3 Insofar as Bigpoint demands payment for its Services, Bigpoint shall assume liability for damage caused by intent and gross negligence without limitation. In the event of simple negligence, Bigpoint shall only be liable for breaches to substantial contract stipulations or breaches of a guarantee. Substantial contractual stipulations include those that enable the contract to be properly executed and on which fulfillment the User may rely. The above limitations of liability do not apply to liability regarding loss of life, bodily injury or damage to health, or the assumption of a guarantee offered by Bigpoint. Bigpoint's liability regarding the product liability act remains unaffected.

12.4 The obligation to pay damages or compensation is limited to forseeable damage or loss caused through the violation of material contractual obligations.

12.5 Depending on the extent, the forseeable damage or loss is limited to €200 per account.

12.6 The above exclusions or restrictions shall also apply with regard to the liability of staff, employees, representatives and/or agents of Bigpoint, especially for the benefit of shareholders, employees, representatives, company bodies and their members with regard to their personal liability.

12.7 Bigpoint is liable for consultation only, as far as the question has concerned the contents of the offer.

12.8 Bigpoint expressly distances itself from the content of all pages to which direct or indirect reference (also known as "links") is made from within the Services offered by Bigpoint. Bigpoint is in no way whatsoever liable for such content or pages. The providers of the respective sites are responsible for their content.



13.1 Any and all changes, amendments or the termination of the contract, either partly or entirely, must be made in writing to be considered valid, including any provision to suspend or amend the requirement for using the written form.

13.2 The legal place of jurisdiction is the city of Luxembourg.

13.3 The law of Luxembourg applies exclusively to all contracts concluded by Bigpoint based on these Terms & Conditions and to any further kind of claims arising thereof; to the exclusion of provisions pertaining to the UN Convention on contracts for the international sale of goods and to the exclusion of Luxembourg International Private Law.
13.4 If any provisions of these Terms & Conditions are invalid or become invalid, the validity of the other provisions shall not be affected.

Luxembourg, June 24, 2014
Bigpoint S.à.r.l. and Co, SCS
EBBC D
6 D route de Trèves
L-2633 Senningerberg
HTC Reg. XXXXX R.C.S. Luxembourg B 167809
VAT ID No.: LU 26337827
CEO: Bigpoint S.à.r.l.
Jochen Siegert
EBBC D
6 D route de Trèves
L-2633 Senningerberg


This data privacy policy informs you of which personal data is being collected by Bigpoint as part of our Internet services and games. It also explains how that data is processed and used. The protection of your personal information is important to us.

Your data is protected against unauthorized access and loss through the use of various electronic, technical, physical, administrative and contractual measures.

Bigpoint has taken the necessary technical and organizational precautions to ensure that the regulations for data privacy are respected both internally as well as by external service providers.

Table of Contents

1Collection of data
2Use of your data
3Data transfer
4Game Information and Partner Offers
5Google Analytics
6Online Behavioral Advertising
7Social Media Plugins
8Right of revocation, deletion of data
9Information, viewing, and deletion of data
10AdServer Opt-Out

Bigpoint collects personal data

  • provided by you upon registration at one of our websites or for one of our games;
  • when these are provided by you during an inquiry;
  • when these are provided by you for the use and payment of fee-based goods and services;
  • at your request for the purpose of participating in promotions and surveys, or to receive newsletters.

Bigpoint also collects user data to the extent that it is necessary for the performance of services or for the billing of these services. This refers in particular to game processes, game scores and information regarding the use and settlement of services.

We obtain information relating to our German users' past payment behavior from infoscore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden.

Provided that you have used the Portal or Games and Services for an extended period of time, we would like to inform you that we also use data from our predecessor company, and current subsidiary, Bigpoint GmbH, Drehbahn 47-48, 20354 Hamburg, Germany. This refers to master data that we require to continue offering games without interruption. This data especially refers to game processes, game scores and information regarding the use and settlement of services.

Within the context of the use of our websites, forums and games, Bigpoint collects the following non-personal information:

  • IP addresses including time and date
  • cookies, local flash data
  • statistical information such as the browser type, operating system, redirecting URL, date, time, pages used, total time of use, frequency of use

This data is used in statistical analyses for anonymous data records.

IP addresses and the corresponding Internet information are saved for a period of maximum of six months within the scope of our legal obligations regarding data storage. Furthermore, these are stored to secure data and ensure our system’s stability and reliability. In specific situations, Bigpoint may also use your IP address and the corresponding Internet information to track and stop use of multiple accounts for fraudulent purposes. In cases such as these, Bigpoint will seek the consent for such use within the framework of the relevant game conditions.

Cookies Authorization:

Despite the fact that this is stated in the Data Privacy Policy, we would like to expressly inform you that we employ the use of cookies to optimize the use of our Portal and Games and Services, especially regarding user experience. By accepting out Terms and Conditions, you authorize the use of cookies. At any point in the future, you can object to the use of cookies by sending an e-mail to the following address datenschutz@bigpoint.com. For all additional questions regarding cookies, please contact us via the same e-mail address.

Our online service uses the "Scalable Central Measuring method" (SCM / SCMnG) from INFOline Ltd. GmbH (https://www.infonline.de) to determine statistical values for the use our offers. Anonymous measured data will be collected. For the recognition of computer systems, the SCM measurement method alternatively uses either a cookie with the ID “ioam.de”, "ivwbox.de", a local storage object or a signature that is automatically created from different browser-transmitted information. IP addresses are only processed in anonymous form. The range measurement was developed under strict observation of data protection policies. The objective of the range measurement system is to statistically determine how intensely and by how many users a website is being used. At no point in time will individual users be identified. Their identities will always remain protected. They will receive no promotional materials via the system. For online offers that belong to the Association of the Distribution of Advertising Materials (Informationsgemeinschaft zur Feststellung der Verbreitung von Werbeträgern e.V., IVW – www.ivw.eu) or are a part of the German Study Group for Online Research (Arbeitsgemeinschaft Online-Forschung e.V., AGOF – www.agof.de) study, "Internet Facts," the usage statistics will be published on a monthly basis by AGOF, the Working Group of Media Analysis (Arbeitsgemeinschaft Media-Analyse e.V., ag.ma - www.agma-mmc.de), as well as by the IVW. The results can be viewed at: http://www.agof.de, http://www.agma-mmc.de and http://www.ivw.eu. In addition to the publication of measured data, the IVW regularly checks the SCM process to make sure it stays consistent with the rules of data protection. Additional information about the SCM process can be found on the INFOnline GmbH website (https://www.infonline.de), which operates the system itself, on the AGOF's data protection website (http://www.agof.de/datenschutz), as well as on the IVW's data protection website (http://www.ivw.eu). You can object to SCM processing your data via the following website: http://optout.ioam.de and http://optout.ivwbox.de.

We use your personal data

  • to provide our services and settle payments;
  • to anonymously or pseudonymously adjust our offer to meet our users’ demands and improve our services;
  • to fulfill legal obligations, and in particular, to meet the requirements for preserving data.

We also use this information to communicate with you. This includes, in particular, the provision of assistance and support as well as the provision of important contract information. Subject to your consent, we keep you informed about news, events and promotions either via e-mail, phone call or text message.

We will treat your data with the strictest confidentiality and will not disclose it to any third parties, unless you have given us your express permission to do so. We may however be required by law to disclose your information in certain situations (such as to an investigating authority) where the transfer takes place only within the framework required by legal conventions.

In individual cases, subsidiaries, parent companies or third parties may provide services on our behalf. This mainly concerns the handling of payment transactions by external service providers (PayPal, Global Collect, etc.) and, in the case of default, by a debt collection company. Moreover, we provide your data to external companies, for marketing purposes, engaged in a contractual relationship with the Bigpoint Group to further develop and improve our games. These external companies are obligated to handle your data confidentially and securely, and may only use your data insofar as it is required for completing their directive.

By checking the box next to "Game Information and Partner Offers", you are granting us your express consent to receive this information. Your consent will be recorded and saved, and may be revoked at any time by using our contact form (http://com.bigpoint.com/support).

This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. If, however, you activate the Anonymize IP option on this website, Google will remove the end of your IP address so it only locates you as within the member states of the European Union or other members of the European Economic Area. Only in rare cases will the complete IP address be transmitted to a Google server in the USA and then shortened there. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. The operator of this website will use information gathered via interest-related advertising as well as third-party visitor data (e.g. age, gender and interests) for the purpose of evaluation in order to find out more about the users of this website. No person-related data shall be used here; only a statistical evaluation of anonymous data sets shall be carried out. Google will not associate your IP address as transmitted by Google Analytics with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. Furthermore, you can prohibit Google from collecting and analyzing the data generated by the cookie about your use of the website (including your IP address) by downloading and installing the browser plugin available here http://tools.google.com/dlpage/gaoptout. Should you wish to adapt or prevent the analysis of your demographic or interest-based information, you can disable Google Analytics display ads and adapt the ads in the Google Display Network: https://www.google.com/settings/ads.

The advertising on our websites will be optimized according to your predicted interests by collecting and processing anonymous data about your usage of our websites. German telecommunications provider ProSiebenSat.1 Digital GmbH, in cooperation with online marketing company SevenOne Media GmbH, a subsidiary of the ProSiebenSat.1 Group and ProSiebenSat.1 Digital GmbH, in accordance with §§ 15 ff of the German Stock Corporation Act, is responsible for collecting the aforementioned data. To this end, third party companies place cookies on your computer to collect user data. The data collected is information when, for example, you navigate the pages of this online offer or click on ads. This allows us to analyze the use of online ads and to provide you with ads that could be of interest to you and correspond to your personal preferences (Online Behavioral Advertising). No personal information, such as name, address, e-mail address etc., will be collected. IP addresses are kept anonymous so that they cannot be allocated to any specific person.

If you want to opt out of receiving Online Behavioral Advertising, you can block the placement of cookies on your computer by changing your browser settings so that it does not accept cookies. Furthermore, you may prevent third-party companies, employees on our behalf, from using cookies via the following links:

Nugg.ad AG: http://ad-choices.nuggad.net

AudienceScience: http://www.audiencescience.com/de/privacy

Criteo GmbH: http://www.criteo.com/us/privacy-policy

Additionally, we permit other third parties, e.g. media agencies, to use cookies to analyze the use of online advertising and to display advertising in our online offer that could be of interest to you by analyzing your personal preferences. Additionally, this should enable advertising customers to reach their target audience more accurately without large wastage. For this purpose, user statistics can, for example, be anonymously compiled and the data can be used for market research purposes, without tracing this information back to a specific person. Further information about this provider's Data Privacy Policy and about objecting to the use of cookies for the purpose of usage-based online advertising can be found on SevenOne Media GmbH's website at:https://www.sevenonemedia.de/web/sevenone/datenerhebung-anderer-dienstleister1. You can also control the placement of third-party cookies on your computer through a respective setting on your browser.

SevenOne Media GmbH has voluntarily agreed to comply with the self-regulatory principles of the German Privacy Policy Council for Online Advertising (DDOW - Deutschen Datenschutzrat Online-Werbung). The self-regulatory code valid for us (Code for Telemedia Providers - First Parties) can be found at: www.meine-cookies.org/ddow.html.

Facebook

Embedded on our website are various Facebook links. This web presence is operated exclusively by Facebook Inc., 1601 S California Ave, Palo Alto, CA 94304, USA (Facebook).

Within the scope of our web presence, these links are identified by the Facebook logo or by the phrase 'Like' (no Facebook plugins are used).

Should a user click one of these links, then the Facebook plugins are activated and establish a direct connection via the user's browser to a Facebook server.

Provided that the user clicks one of the aforementioned links while visiting our website, and is logged into their personal Facebook account, the information will be forwarded to Facebook that the user has visited our website. Facebook can associate your visit to the website to your account.

This data is transferred to and saved by Facebook. To prevent this, the user must log out of their account before clicking the link. The functions embedded in the links by Facebook, especially the transfer of data and user information, are not activated by visiting our website, but rather by clicking the corresponding links.

The purpose and scope of data collection via Facebook, the processing and use of such data, as well as your rights thereof and personal settings regarding privacy protection can be found in the Facebook privacy settings section (http://de-de.facebook.com/privacy/explanation.php).

For further questions pertaining to the collection, processing or use of individual user data, as well as regarding disclosing, correcting, blocking or deleting data, please contact our data protection supervisors.


Google Plus

Our web presence also employs the Google Plus "+1" link, which is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (Google). The link can be identified by the "+1" symbol against a white or color background.

If the user opens one of our websites containing such a link, the user's browser establishes a direct connection to a Google server. The contents of the "+1" link are transferred directly to your browser, which then integrates said content in the webpage. We therefore have no control over the data whatsoever that Google collects via the link, but would expect user IP addresses to be collected.

The purpose and scope of data collection via Google, the processing and use of such data, as well as your rights thereof and personal settings regarding privacy protection can be found in the Google privacy settings section http://www.google.com/intl/de/+/policy/+1button.html
If a user is a Google Plus member and does not wish to have their data collected and linked to their saved Google member data via our web presence, the the user must log out of their Google Plus account before visiting our websites.

If you have given us consent to process personal data, you can withdraw this consent at any time.

Bigpoint deletes your personal data insofar as it is no longer needed or required, or if you have requested the deletion of this data. Please note that data cannot be deleted if there are legal storage requirements or this data is required by us for the billing of our services.

At http://www.bigpoint.com/support/, you can request to see data which we have recorded, as well as request to have this data changed or deleted. You may also send your request by standard mail to the following address:

Bigpoint S.à.r.l. and Co, SCS
6 D route de Trèves
2633 Senningerberg, Luxembourg

Should you have any questions about Bigpoint's Data Privacy Policy and data protection in general, please do not hesitate to contact us at datenschutz@bigpoint.com.
Please remember to provide your user ID, e-mail address and, if necessary, the relevant game name(s).

You may view the content of your Bigpoint-AdServer cookies HERE.

If you do not wish to profit as a consumer from our technology, you may implement a "blocker cookie" (OptOut).

Once you do so, advertisements supplied by our technology will no longer be individualized. Please not that this function will not work if the "blocker cookie" is deleted. To activate this service, please select the OptIn link.

OptIn | OptOut

Luxembourg, 16 April 2012
Bigpoint S.à.r.l. and Co, SCS
EBBC D
6 D route de Trèves
L-2633 Senningerberg
HTC Reg. XXXXX R.C.S. Luxembourg B 167809
VAT ID No.: LU 26337827
CEO: Bigpoint S.à.r.l.
Jochen Siegert
EBBC D
6 D route de Trèves
L-2633 Senningerberg