moonID is a service provided by
RedMoon Studios GmbH & Co. KG
CEO: Stefan Faller
Court of registry: Amtsgericht Augsburg
Trade register number: HRA 15577
VAT number: DE249144200
Although every effort is made to present current and accurate information, we cannot assume responsibility for information stemming from external links. The author of each web page is solely responsible for the content of that page.
Contact (Business inquiries only, no support!)
Tel.: +49 (821) 4559800-0
Fax: +49 (821) 4559800-14
Support, questions about games or payment issues
Support system: Submit ticket
E-mail support: email@example.com
E-mail payment: firstname.lastname@example.org
Commissioner for Youth Protection
Rechtsanwalt Matthias Kühnel
Collection of data
moonID collects personal data
Within the context of the use of our websites, forums and games, moonID collects the following non-personal information:
IP addresses and the corresponding times of usage are saved for a maximum of three months. These are stored to secure data and ensure our system’s stability and reliability. In certain situations, moonID may use your IP address and the corresponding date and time to track and stop use of multiple accounts for fraudulent purposes. In cases such as these, moonID will seek the consent for such use within the framework of the relevant game conditions.
Use of your data
We use your personal data
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, such as payment providers, and, in the case of default, by a debt collection company. 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.
This website uses Google Analytics, a web analysis service from Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files saved on your computer which make possible the analysis of your use of our website.
The information about your use of our website that is generated by the cookie is normally transmitted to a Google server in the USA and stored there. If, however, you activate Google’s Anonymize IP option for 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.
On behalf of the owner of this website, Google will use this information to evaluate your use of the website, to compile reports about website activity and to provide to the website owner additional services associated with website and Internet usage.
The IP address transmitted from your browser in the context of Google Analytics will not be combined with other Google data. By using the respective setting in your browser, you can prohibit cookies from being saved.
If you do so, be aware that you may not be able to fully use the complete functionality of this website.
Furthermore, you can prohibit Google from collecting and analysing 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:
Right of revocation, deletion of data
If you have given us consent to process personal data, you can withdraw this consent at any time.
moonID 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.
Information, viewing, and deletion of data
Using the ticket system you can request to see what data we have recorded. You can also request to have this data changed or deleted. You can also send your request to us by mail at the following postal address: RedMoon Studios GmbH & Co. KG
Gersthofen, March 24, 2018
1 Scope of Application
RedMoon Studios GmbH & Co. KG operates an online gaming portal at moonID.net (hereinafter referred to as moonID). A range of online games as well as other services is offered on the moonID website. 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 RedMoon Studios GmbH & Co. KG games and the users of moonID or any other services provided are hereinafter referred to collectively 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 RedMoon Studios GmbH & Co. KG.
RedMoon Studios GmbH & Co. KG offers Users Games and Services which are based exclusively on these Terms & Conditions. User Terms & Conditions are not considered part of the general contract unless moonID approves these in writing.
The following Terms & Conditions apply to the use of the moonID gaming portal as well as the online Games and Services of RedMoon Studios GmbH & Co. KG. 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, it is possible to use various other Internet-capable devices, 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 browsers or access software, as these Services are not provided by RedMoon Studios GmbH & Co. KG.1.1 Users
1.1.1 RedMoon Studios GmbH & Co. KG offers its Games and Services exclusively to Users with respect to Sec. 13 of the German Civil Code (BGB). The use of moonID 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 16 are entitled to use the full scope of Games and Services provided by RedMoon Studios GmbH & Co. KG.
1.1.3 At the time of registration for moonID Games and/or Services, the User explicitly guarantees that he/she is of legal age.1.2 Subject Matter of the Contract, Usage of and Changes to the Games and Services
1.2.1 RedMoon Studios GmbH & Co. KG offers its Users the possibility of using Games and Services which are provided by moonID on the Internet subject to existing technical and commercial capabilities.1.2.2 Participation in the Games is for entertainment purposes only.
1.2.3 RedMoon Studios GmbH & Co. KG, as part of its Services, stores certain information at moonID.net 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 moonID Games and Services as well as by third parties. Furthermore, the User can also communicate with third parties via the moonID 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 moonID Games and Services online is made possible through the provision of the necessary applications at the respective URLs by RedMoon Studios GmbH & Co. KG. RedMoon Studios GmbH & Co. KG 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. The sale of such Games is not subject to these Terms & Conditions.
The use of moonID 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 moonID portal, granting the User access to any of the Games offered on moonID 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 and providing the information requested therein. The use of moonID Games and/or Services will be permitted from the time an account is created for the User by RedMoon Studios GmbH & Co. KG.
1.2.7 A User is entitled to create and use one account at the moonID portal. This generally also applies to the games offered on moonID. Detailed information is provided in the rules of the respective Game(s). RedMoon Studios GmbH & Co. KG strongly recommends that all Users carefully read the respective rules of the Game(s), as the use of multi-accounts in Games can lead to an immediate ban of the User.
Even in Games where the User may be permitted to have more than one Account, such Accounts may not communicate with each other or interact in any way, shape or manner (or they may be banned due to “Farming” or “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 Once an Account has been created, the User may use the respective Game and/or Service by accessing the moonID game portal or, where possible, entering the respective URL and logging in thereafter.
1.2.9 The Games and Services can only be accessed by means of a standard web browser or special tools which have been provided or expressly approved by RedMoon Studios GmbH & Co. KG (Account bans may result from use of non-authorised scripts). In other words: The use of programs which cause excessive server load are strictly forbidden. The use of software such as bots, macros, etc. to systematically or automatically control games or individual game functions or to reproduce or evaluate games, game components or content provided on the moonID platform is prohibited.
1.2.10 It is forbidden to exploit bugs and/or errors in the programming for personal gain. Recognized bugs should be reported as quickly as possible in the bug forum or by e-mail.
1.2.11 The User has no legal claim to open an Account or to publish information on the moonID portal.
1.2.12 Current technical and other requirements for the Games and Services are available on the moonID portal and/or the respective websites of the Games.
1.2.13 moonID Games and Services are continuously being updated, adapted, enhanced and modified. For this reason, the User is only granted the right to use the current version of the respective Games and Services.
1.2.14 Use of the basic version of the Games is free. Some features are only available to paying customers (see Sec. 7 below). Use of the Services is free unless otherwise stipulated in the description of the respective Services.
1.2.15 The User has no legal claim to demand the perpetuation of moonID Games and/or Services as they were at the time of concluding the contract. RedMoon Studios GmbH & Co. KG reserves the right to cease operation of individual moonID Games and/or Services at any time without prior notice or justification. In this case, the User can choose to have RedMoon Studios GmbH & Co. KG issue him/her a credit for use with other moonID Games or Services of his/her choice or request a refund for payments which he/she has made in advance for Services such as Premium benefits. 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 Offer and Conclusion of Contract
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 RedMoon Studios GmbH & Co. KG and the User is considered valid when RedMoon Studios GmbH & Co. KG approves the User Application. Confirmation of the User Application can be explicitly communicated by RedMoon Studios GmbH & Co. KG as a result of an action on the part of RedMoon Studios GmbH & Co. KG.
2.3 RedMoon Studios GmbH & Co. KG 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 moonID Games and Services can, however, be sent together with the acknowledgment e-mail.3 Cancellation Policy
The User can revoke his/her declaration of intent to enter into a contractual agreement for moonID Games and Services and to order Premium features from RedMoon Studios GmbH & Co. KG without stating reasons, within a period of one month in written form, either by letter, fax, or e-mail. This period shall begin upon receipt of these instructions, but not before conclusion of contract and also not before RedMoon Studios GmbH & Co. KG has fulfilled its responsibility to provide information according to Art. 246 Sec. 2 in connection with Sec. 1 Par. 1 and 2 of the Introductory Act to the German Civil Code [EGBGB] as well as its responsibilities according to Sec. 312e Par. 1 Cl. 1 BGB in connection with Art. 246 Sec. 3 of the EGBGB. The timely dispatch of the cancellation is deemed to be sufficient evidence that the cancellation deadline has been observed.
Please address the cancellation to:
RedMoon Studios GmbH & Co. KG
86368 Gersthofen, Germany
Telephone: +49 (0) 821 45598000
Fax: +49 (0) 821 455980014
If a cancellation is sent by e-mail, the name of the Game and, if applicable, the Premium features and/or Services plus the name of the User must be provided in the subject line of the e-mail.
Effects of revocation:
In case of a valid withdrawal, Services or payments made by both parties must be returned and, if applicable, any associated utilisation must be released. If the User cannot return the received services to RedMoon Studios GmbH & Co. KG either in full or in part or only in deteriorated condition, the User may be liable to provide equivalent compensation. In some cases, the User may be required to fulfil the contractual payment responsibilities for the period of time up until the revocation. This is not applicable for the transfer of virtual goods when the deterioration of the virtual goods is caused exclusively by their examination – such as when the User might examine a good in a store before purchasing it. The User's obligation for compensation exists when the virtual goods are used in a manner consistent with the principles of civil law which is incompatible with that of good faith or unjust enrichment. In addition, the User can avoid an obligation to pay compensation if he/she does not treat the virtual goods like his/her personal property and avoids any actions which may diminish their value. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the User with the dispatch of the cancellation notice; RedMoon Studios GmbH & Co. KG's period begins with the receipt of this notice.
Premature termination of the right of revocation:
The revocation of the User expires prematurely if the contractual obligations are fully met by both parties at the express request of the User before the User has exercised his/her right of revocation. This is considered to be the case when the User has made use of the Games and/or Services and/or Premium features and has paid for these in full.
End of cancellation policy4 Availability
RedMoon Studios GmbH & Co. KG 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 moonID 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 RedMoon Studios GmbH & Co. KG, such as force majeure, third-party fault, etc. as well as periods in which routine maintenance work is carried out. The liability of RedMoon Studios GmbH & Co. KG with regard to inaccessibility of the games and/or services by intent and gross negligence remains unaffected. RedMoon Studios GmbH & Co. KG 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 Access to these Terms & Conditions, Changes and Further Notifications, Contact by the User
5.1 The User accepts these Terms & Conditions as binding by submitting his/her User Application and using moonID Games and/or Services. These Terms & Conditions apply for each login to the moonID portal, especially when any of the moonID 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 RedMoon Studios GmbH & Co. KG 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 in an appropriate manner in writing of the changes made to the Terms & Conditions. As a general rule, such announcements are usually published on the RedMoon Studios GmbH & Co. KG websites where moonID Games and/or Services are offered, or by e-mail. Changes to the Terms & Conditions will always be provided to the User with a highlighted announcement at the next login.
5.4 The User can object to the changes made in the Terms & Conditions within 14 days upon publication of the notification and its receipt by the User. If the User does not object in writing to the changes made in the Terms & Conditions within 14 days after publication and receipt of the notification of these changes and submit his/her objection(s) to RedMoon Studios GmbH & Co. KG, or he/she continues to use moonID Games and/or Services, the Terms & Conditions which were changed or amended will be considered legally binding with respect to the User. If the User objects within the set time limit, 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 finalised, 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 RedMoon Studios GmbH & Co. KG, 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, the set time limit and any legal ramifications of failing to submit an objection.
5.6 Unless otherwise stipulated in these Terms & Conditions or in other agreements with the User, RedMoon Studios GmbH & Co. KG will generally communicate with the User by e-mail. The User will ensure that he/she can receive all e-mails sent by RedMoon Studios GmbH & Co. KG to the address he/she submitted to RedMoon Studios GmbH & Co. KG at the time of registration or subsequently. He/she is responsible for settings and maintenance of the spam filter and for regularly checking all incoming e-mail sent to this address. RedMoon Studios GmbH & Co. KG reserves the right to correspond with Users using whichever form of communication deemed appropriate.
5.7 Upon contacting RedMoon Studios GmbH & Co. KG, the User will indicate which Games and/or Services and which Game and/or Service Account his/her correspondence pertains to.6 Instructions and Rules of the Games
6.1 Instructions and rules of the Games and/or Services will be published on the moonID portal 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 moonID 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 moonID Games and/or 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 moonID Games and/or Services or disrupt the successful interaction between Users in the games.7 Fees, Payment Conditions, Late Payment
RedMoon Studios GmbH & Co. KG 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 RedMoon Studios GmbH & Co. KG’s right to withdraw the Game. In the basic version, the User generally does not have full access to all Game features.7.1.2 Premium 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 it may be necessary to make recurring payments, such as on a daily, weekly, monthly, quarterly, semi-annual or yearly basis.
moonID Games are continually being developed. RedMoon Studios GmbH & Co. KG therefore reserves the right to offer new Premium Features at any time. In the course of adapting and developing the Games, RedMoon Studios GmbH & Co. KG also reserves the right to discontinue individual Premium Features and/or to offer them in the basic version (see Sec. 7.1.1 above). If a User has already made advance payments for Premium Features and cannot use these Premium Features because they are no longer offered and/or are also offered in the free basic version, RedMoon Studios GmbH & Co. KG will offer the User other Premium Features of their choice as a substitute and/or reimburse the sum they have already paid on a pro-rata basis. In this case, the User has the right to terminate the contract with immediate effect. Further claims by the User are considered hereby invalid.
If the User is not of legal age, he/she explicitly guarantees upon ordering such Premium Features that the necessary funds to pay for these Premium Features have either been given to him/her for this particular purpose or for him/her to use at his/her own personal discretion.
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 any accrued costs.7.1.3 Subscription / Automatic Renewal
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.7.1.4 Payment Conditions and Due Date of Payment
RedMoon Studios GmbH & Co. KG is authorised 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 “moonID.net” or RedMoon Studios GmbH & Co. KG on credit card bills or bank account statements.7.1.5 Adjustment of Fees
RedMoon Studios GmbH & Co. KG 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, RedMoon Studios GmbH & Co. KG is authorised 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. RedMoon Studios GmbH & Co. KG, in the course of notifying the User about these changes, will especially 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.
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 invalid.7.2 Late Payment
In case of late payment, RedMoon Studios GmbH & Co. KG is authorised to charge interest set at 5% above the current base lending rate. RedMoon Studios GmbH & Co. KG 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. RedMoon Studios GmbH & Co. KG, however, is authorised to impose a processing fee of EUR 5.00 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 User is entitled to prove that no damage occurred or that a substantially lower level of damage was caused due to late payment.7.3 Direct Debit Reversals, Cancellation Fees
If RedMoon Studios GmbH & Co. KG incurs costs and/or losses as a result of User default or insufficient User bank account funds, and/or if moonID is charged a cancellation fee due to the cancellation of a direct debit payment, the User will bear all cancellation fees generated as a result of these actions.
RedMoon Studios GmbH & Co. KG 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, RedMoon Studios GmbH & Co. KG 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.7.4 No Guarantee of Prizes
RedMoon Studios GmbH & Co. KG 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 RedMoon Studios GmbH & Co. KG has explicitly offered/advertised such a prize.
A claim to the payment of a prize also does not exist if RedMoon Studios GmbH & Co. KG 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 moonID Games and/or Services, Users thereby agree that RedMoon Studios GmbH & Co. KG 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.7.5 No Set-off; No Right of Retention; No Cession
The User may only set off a claim by RedMoon Studios GmbH & Co. KG 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.7.6 Services
Unless otherwise stipulated in the Service description, Services can be used free of charge. Furthermore, Sec. 7.1 through Sec. 7.5 apply to fee-based Services.8 Term, Termination
All contracts entered into between the User and RedMoon Studios GmbH & Co. KG are for an indeterminate period of time unless a limited period of time has been expressly specified in the Terms & Conditions.
If a limited period of time has not been specified, each party has the right to terminate the contract at any time with immediate effect according to the respective termination procedure.8.2 Limited Period of Time
In the event that the Terms & Conditions for using the Games, Services and/or Premium Features have been accepted for a limited period of time (see Sec. 7.1.2 and Sec. 7.1.3), the following regulations shall apply. The contract for using the Games, Services and/or Premium Features will be automatically renewed for the same period of time as the original contract unless the subscription or contract for the use of Games, Services and/or Premium Features has been terminated by the user at least 14 days prior to the end of the term.8.3 Declaration of Reasons; Termination for Important Reason
The right to terminate the contractual agreement can be exercised by either party without stating reasons.
The parties may also terminate the contractual agreement for using the Games, Services and/or Premium Features for important reasons at any time without prejudice to the above regulations.
In the event that RedMoon Studios GmbH & Co. KG is responsible for a premature termination of the contractual agreement for using the Games, Services and/or Premium Features for important reasons, the User will receive a pro-rata refund for any payments made by him/her (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.
RedMoon Studios GmbH & Co. KG 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/or 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 RedMoon Studios GmbH & Co. KG to remain bound by the contract.
The User has not used his/her Account for a period of four weeks despite having received a reminder.
Cases in which it would be unreasonable to expect RedMoon Studios GmbH & Co. KG to remain bound by the contract generally include the following:
In the event that RedMoon Studios GmbH & Co. KG correctly terminates the contractual agreement for important reasons, RedMoon Studios GmbH & Co. KG 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 himself/herself terminated the contract 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.8.4 Written Form for Termination
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.
9 Responsibilities and Other Obligations of the User; Liability for Information Uploaded by the User; Copyright
The primary responsibility of the User is to pay the accrued fees, unless he/she uses the basic version of the Games and/or Services (see Sec. 7 above). Another principal responsibility of the user is to correctly and completely submit all information requested by RedMoon Studios GmbH & Co. KG upon entering into the contractual agreement or during the course of the contractual relation with the User. 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 obligates himself/herself to inform RedMoon Studios GmbH & Co. KG 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), RedMoon Studios GmbH & Co. KG reserves the right to suspend all services immediately and without warning, and to terminate the contract.9.2 Installation of Software
RedMoon Studios GmbH & Co. KG 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 RedMoon Studios GmbH & Co. KG.9.3 Further Obligations of the User
9.3.1 RedMoon Studios GmbH & Co. KG provides the available Games and Services online for use with a web browser. RedMoon Studios GmbH & Co. KG neither provides nor installs any of the software required by the user on his/her local computer, especially but not limited to the operating system, web browser(s) or plug-ins such as Flash, Unity or Java, if applicable. moonID 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 RedMoon Studios GmbH & Co. KG Games. Therefore, RedMoon Studios GmbH & Co. KG does not provide any kind of technical support for the local installation of necessary software.
9.3.2 The User obliges himself/herself to treat all data provided by RedMoon Studios GmbH & Co. KG for the purpose of accessing the Games and Services (login, passwords etc.) in a strictly confidential manner. The User will inform RedMoon Studios GmbH & Co. KG without delay if he/she learns or suspects that an unauthorised third party has gained possession of said access data. RedMoon Studios GmbH & Co. KG advises the User to do this in written form, e.g. via e-mail. In the event that a third party gains access to RedMoon Studios GmbH & Co. KG’s Games or Services with the User’s access data because the User neglected to sufficiently protect the account from unauthorised 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. RedMoon Studios GmbH & Co. KG is entitled to evaluate all entry into an account with the user's data as the entry of the user himself/herself into the account. RedMoon Studios GmbH & Co. KG advises that passwords should be regularly changed for security reasons. The User is solely responsible for the access to and use of his/her Account.
9.3.3 In the event that RedMoon Studios GmbH & Co. KG has a justifiable reason to believe that an unauthorised third party is wrongly in possession of access data, RedMoon Studios GmbH & Co. KG may, but is not required to, at its own discretion, change the account access data without prior notice or suspend the respective Account. RedMoon Studios GmbH & Co. KG 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 his/her 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 RedMoon Studios GmbH & Co. KG for this purpose.
9.3.5 RedMoon Studios GmbH & Co. KG protects its systems against viruses. Even so, virus infections can never be completely ruled out. Also, it is possible that unauthorised third parties may send e-mails using the name of RedMoon Studios GmbH & Co. KG without RedMoon Studios GmbH & Co. KG’s consent, and that such e-mails may contain viruses, spyware or links to web content which, in turn, may contain viruses or spyware. RedMoon Studios GmbH & Co. KG has no influence over such occurrences. The User agrees to check all incoming mail sent or supposedly sent by or in the name of RedMoon Studios GmbH & Co. KG 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 RedMoon Studios GmbH & Co. KG, 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 he/she shall not, under any circumstances, use the Account, login name or password of another User.9.4 User’s Obligations Regarding Information for Upload
9.4.1 The User shall exercise due care in the selection of the information which he/she makes available to other Users by uploading it to the moonID portal.
9.4.2 The User shall not use the Service(s) to distribute content including but not limited to pictures, videos, links, names or text which contain political, religious, insulting, offensive, violent, sexist, pornographic or other objectionable matter, especially including racist or politically 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 challenged by RedMoon Studios GmbH & Co. KG. RedMoon Studios GmbH & Co. KG 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 unauthorised 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 RedMoon Studios GmbH & Co. KG is entitled to delete any content submitted by the User in culpable violation of the above-mentioned rules and regulations.
9.4.5 RedMoon Studios GmbH & Co. KG 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 is otherwise in violation of applicable law. This, for example, includes but is not limited to:
9.4.6 The User is not entitled to demand that such deleted information be restored.
Furthermore, RedMoon Studios GmbH & Co. KG 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. RedMoon Studios GmbH & Co. KG reserves the right to make any further necessary and additional claims, particularly the entitlement to damages.
9.4.7 The User will inform RedMoon Studios GmbH & Co. KG 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, RedMoon Studios GmbH & Co. KG requests that such information be provided in writing (e.g. e-mail).9.5 User’s Liability Regarding Uploaded Information
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 he/she uploads to the moonID portal or shares with other users. RedMoon Studios GmbH & Co. KG neither condones nor approves such information.
9.5.2 RedMoon Studios GmbH & Co. KG does not have control over the Uploaded Information on the moonID portal. RedMoon Studios GmbH & Co. KG does not evaluate the Uploaded Information before it is made public. If RedMoon Studios GmbH & Co. KG learns that specific Uploaded Information is illegal, it will be deleted promptly.
9.5.3 RedMoon Studios GmbH & Co. KG 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 moonID portal, the Games or Service(s), the User grants RedMoon Studios GmbH & Co. KG 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 RedMoon Studios GmbH & Co. KG any further rights to the Uploaded Information. RedMoon Studios GmbH & Co. KG is not authorised to use or distribute Uploaded Information outside of the moonID portal, Games or Service(s).
9.6.3 By submitting information, the User acknowledges and accepts that Uploaded Information on the moonID 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 moonID portal and the Services by the User.10 Claims Based on Defects
10.1 moonID 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 restoration of a particular version or range of functions of the Games and/or Services. The User acknowledges and agrees that the Games and Services provided by RedMoon Studios GmbH & Co. KG, 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/or Services and/or other deliveries of RedMoon Studios GmbH & Co. KG, 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 Game and/or Service and any other troubleshooting tools provided by RedMoon Studios GmbH & Co. KG (especially frequently asked question lists and boards for troubleshooting). The User will use best efforts to support RedMoon Studios GmbH & Co. KG in any attempts to debug the Game or Service in question.
10.2 The User will notify RedMoon Studios GmbH & Co. KG 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 RedMoon Studios GmbH & Co. KG.
10.3 RedMoon Studios GmbH & Co. KG is not liable for defects caused by external influences, faulty handling by the User, force majeure or changes or manipulations which were not performed by RedMoon Studios GmbH & Co. KG.
10.4 RedMoon Studios GmbH & Co. KG does not assume any guarantees or warranties.11 Limitation of Liability
11.1 Inasmuch as RedMoon Studios GmbH & Co. KG provides its Services free of charge, RedMoon Studios GmbH & Co. KG is in no case liable other than for gross negligence or intentionally caused damage. This does not apply to liability for injury to life and limb, or in the event that RedMoon Studios GmbH & Co. KG has assumed a warranty.
11.2 Inasmuch as RedMoon Studios GmbH & Co. KG provides paid Services, RedMoon Studios GmbH & Co. KG is liable for intent and gross negligence without limitation. In cases of slight negligence, RedMoon Studios GmbH & Co. KG is only liable in case of violation of substantial contractual obligations or breach of a warranty. Substantial contractual obligations, also called Cardinal obligations under the law, are understood to be such obligations that allow for the proper execution of the contract and rely on the fulfillment of its Users. The foregoing limitations will not apply to liability for injury to life and limb or in the event that a warranty by RedMoon Studios GmbH & Co. KG has been assumed. RedMoon Studios GmbH & Co. KG's liability under the Product Liability Act as well as within the scope of Sec. 44a of the German Telecommunications Act (TKG) remains unaffected.
11.3 Liability for breach of a Cardinal obligation or an essential obligation is limited to the damage which could have been foreseen.
11.4 The damage which can be foreseen is limited to EUR 200.00 per Account.
11.5 The aforementioned limitation of liability also applies to the personal liability of staff, employees, assistants and vicarious agents of RedMoon Studios GmbH & Co. KG, and especially contributors, representatives, organs, shareholders of RedMoon Studios GmbH & Co. KG and their members.
11.6 RedMoon Studios GmbH & Co. KG is only liability for consultancy as far as the content of its Games and Services are concerned.
11.7 RedMoon Studios GmbH & Co. KG distances itself explicitly from the contents of any websites to which there are direct or indirect links from RedMoon Studios GmbH & Co. KG sites. RedMoon Studios GmbH & Co. KG does not assume any responsibility for these contents and/or websites. The providers of the respective sites are responsible for their content.12 Final Clauses
12.1 Any and all claims and declarations made by the User must be submitted to RedMoon Studios GmbH & Co. KG in writing to be considered valid: This includes any provision to suspend or amend the requirement for using the written form.
12.2 The legal place of jurisdiction is Augsburg, Germany, in the event that the user changes his/her legal domicile or habitual place of residence to a location outside the Federal Republic of Germany after the contract has been concluded. These conditions also apply if the legal domicile or habitual place of residence is unknown at the time a legal action is filed.
12.3 The law of the Federal Republic of Germany exclusively applies to all contracts concluded by RedMoon Studios GmbH & Co. KG 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 German International Private Law.
12.4 If any provisions of these Terms & Conditions are invalid or become invalid, the validity of the other provisions shall not be affected.
Gersthofen, January 15, 2012
RedMoon Studios GmbH & Co. KG
Dieselstr. 16, 86368 Gersthofen, Germany
Telephone.: +49 (821) 4559800-0 (No support)
Fax: +49 (821) 4559800-14
CEO: Stefan Faller
HRB Reg. 15577
VAT ID No.: DE249144200