General Terms of Business for the use of "Florensia"

I) Scope

1) Burda:ic GmbH, Arabellastraße 23, 81925 Munich, Germany (called "Burda:ic" in the following) offers internet users geographically based in the Western global world the use of the "Florensia" Portal (called "Portal" in the following) operated under the internet address www.florensia-online.com for participation in the online game "Florensia" and the use of other contents and services (called "Services" as a whole in the following).

2) The following General Terms of Business (called the "GTB" in the following) in the version valid at the stated time, shall be applied for all Services and all other products including further developments and improvements.

II) Use free of charge, no membership, approved users, downloads

1) You may use all the functions of the Services free of charge. You do not enter into any membership by using the Services or by registering at the Portal. You have no obligation to make regular payments. You may delete your registration at any time and end your usage without being bound by any period of notice.

2) Internet users from geographical regions outside the Western global region may not use the Portal due to the legislation on licensing. Burda:ic reserves the right to check the residency of users by automatically analyzing their IP addresses.

3) Please note: Depending on the internet access used by you, you may incur transmission costs by downloading Florensia software (e.g. with a data volume tariff). You can obtain information about the relevant data volumes in your Internet browser and check potential data volume limitations with your Internet provider. Burda:ic is not liable for costs incurred if you decide to download our software.

III) Registration

1) Registration is required before the Services can be used. Anyone who is 18 years old and contractually capable is entitled to register, without restriction. If you are younger than 18, you may only register if your parents or guardians have given permission.

2) Access to use the Services is provided by registration on the Portal and the associated creation of a personal user account (called the "Account" in the following). You undertake to completely and correctly provide the requested data during the registration process where the data is marked as requested. If you provide dishonest information (e.g. regarding your place of residence), Burda:ic is entitled to delete your Account. You have no right to any particular user name or password. You may change your password and e-mail adress after you have registered. Please make sure that you keep this information up to date at any time.

3) Upon registration, you agree that the content freely provided by you via the interactive services of the Portal can be made available to other users of the Portal. This includes in particular the avatar used by you and the services and information associated with the avatar.

4) If there is an important reason, Burda:ic is entitled to reject your registration by e-mail or to revoke your registration if it has already taken place. If this happens, you will be notified of the important reason by e-mail, which we will send to the last e-mail address that you sent to us.

5) Your Account may not be transferred to other people and you may not give your account data to other people. Burda:ic is entitled to delete your Account and thus your personal data if you do not use the Services for a period of more than 90 consecutive days. If you have acquired AP (see clause IV.1), Burda:ic will delete your Account and collect any AP still outstanding if you have not used the Services over a period of more than one (1) year at the earliest.

IV) Aurum Pieces; youth protection limit

1) Aurum Pieces (called "AP" in the following) are a virtual form of payment in acquiring virtual items (called "Items" in the following) for use in the Services. You can purchase AP in various quantities on payment of corresponding sums of money in different currencies. When AP are purchased, Bonus Points ("BP") are also sometimes allocated, for which you can purchase correspondingly designated Items via the Portal.

2) Burda:ic offers you various ways of payment, depending on your credit rating and the country in which you live. You have no right to use any particular form of payment.

3) You cannot convert AP that you have already bought back into money, subject to the provisions on revocation (see clause XV).

4) Services may require various items of technical equipment (e.g. graphics card, browser etc.) if they are to be used without problems. Services can only be used on PCs. MAC users will not be able to use the Services without problems. We recommend that you initially use the Services on a trial basis, before buying AP, so that you can see whether you have the right technical equipment to be able to use them without problems.

5) AP purchased by you will be booked to your own personal customer account (called the "e-Wallet" in the following). AP basically cannot expire, unless your customer account is deleted following a period of non-use (see clause III.5). In the event that we terminate the Portal permanently, we will reimburse you for any AP outstanding.

6) The Items acquired using AP and BP are non-transferable or restricted to trade processes in the game and cannot be changed back into AP or BP. Items that can be used on the Portal ("Portal Items") may have a maximum usability period and expire after a time. The use-by dates will be clearly shown when you make your purchase. Items that can be used in the individual Services ("Game Items") may be covered by different usability periods.

7) If you are less than 18 years old, Burda:ic will only allow you to acquire a maximum of 50,000 AP per month, in accordance with the principle of voluntary youth protection.

8) In addition to the youth protection limit of Burda:ic, some of our payment methods may be limited to a certain amount of recharge processes per month. Please keep this in mind when recharging your account with AP.

V) Data protection, data deletion and data analysis

1) We only process the data entered by you to provide the Services. You can access more detailed information about the processing of your data in our "Privacy Policy". If you do not wish your data to be saved any longer, you can change any information about you as a person at any time or delete it from the publically accessed area of the Portal in accordance with the data protection guidelines.

2) Burda:ic is entitled to incorporate advertising into individual Services. If individual Services are supported by commercial sponsors, we will point this out to you specifically. You agree that Burda:ic may determine the suitability and relevance of individual advertisements to be presented to you on the basis of an automatic, anonymous analysis of your personal data and your user data.

VI) Changes in Services, restrictions

1) In order to keep the Portal and the Services at a high technical level at all times, the Portal will be taken out of service once a week for about three hours (generally on Tuesdays anytime between 8 am to 1 pm CET) to carry out updates. In addition, it may be necessary to carry out unplanned maintenance work which will be announced in advance as far as possible on the Portal website. These maintenance and update processes may temporarily restrict or interrupt the ability to use the Services and/or access to the Services.

2) You have no right to demand that certain Services are provided. Burda:ic reserves the right to update, change or end individual Services. In particular, Burda:ic is entitled to terminate individual language versions (e.g. Spanish or Turkish) of Services or of the Portal.

3) Florensia is an MMOG with a persistant world. This means that even when you are offline, the world will change around you. MMOGs are in continous development. This means that new contents will be added and even existing features, e.g. the functionality of a skill or the usage of an item, may and will change. These changes will either be announced on the Portal in advance or added to the game without prior notice. Changes in the Services may sometimes result in malfunctions. Burda:ic is not liable for these malfunctions, but Burda:ic will do anything possible to remove them. It is possible, but not obligatory that players will be compensated for potential losses caused by the malfunctions.

VII) Responsibility for content, links

1) Burda:ic offers you, amongst other things, Services which will allow you to publish your own content, especially in the form of texts, photos and graphics (called "User Contents" in the following) via the Portal. You bear sole responsibility for the User Contents.

2) You undertake not to violate any applicable laws when using the Services. You will ensure that the User Contents disseminated by you do not violate any rights of third parties (e.g. copyrights, patents, trade marks or other property rights, the right to one's own picture and other personality rights), that you comply with the valid criminal laws and youth protection regulations and in particular do not disseminate any racist, pornographic, obscene or offensive content or content that is unsuitable for minors. You also undertake to observe the privacy of third parties, not to send out any unsolicited mass mailings or any unsolicited advertising and to avoid doing anything which could endanger the performance and availability of the Services. If you fail to comply with this principle, you may be barred from using the Services.

3) Burda:ic simply provides the technical platform for the publication of User Contents. We are not responsible for external information to which we merely provide access or which we forward without change. This also applies for the unchanged interim storage of external information. We would like to point out that we only check User Contents if we have been informed that they are illegal. We call up on you expressly to tell us of any illegal content using the "Support System" that you will find in the "Help" section of the site.

4) Unless the permission of Burda:ic has been expressly provided in writing and shown in the Portal, the addition of references (called "Links" in the following) to external web sites and information sources, or links and other connections (e.g. buttons) to the Portal or Services is essentially not permitted. The term Links is also taken to cover non-activated web addresses (URLs) and parts of these. The decision as to whether items comply with this principle is completely up to Burda:ic. If you violate this principle, you may be barred from using the Services.

5) Burda:ic is entitled to forward User Contents to third parties and/or to delete them if this is necessary under statutory provisions or following instructions from a judge or an authority. This also applies for the publishing of user data. Furthermore, Burda:ic is entitled to delete User Contents if these do not fulfil the above requirements.

VIII) Technical limitations

1) You are aware that the Services offered by Burda:ic may be subject to technical limitations. This applies in particular for the maximum storage capacity or maximum size of files, or the maximum number of messages and publications.

2) If the technical limitations are exceeded, Burda:ic may delete data and/or refuse to store further data. This applies in particular in the event that you do not use the Services offered by Burda:ic for a period of more than 90 days.

IX) Disposal limitations

You undertake not to offer in return for payment your Account, or the access data to your Account, or your game character or AP or BP or items acquired within the game to third parties outside the game, to hand them over to third parties, or to assign them to third parties and in particular not to offer them for sale via auction platforms (e.g. "eBay") in return for payment. The reason for this prohibition is the effort made by Burda:ic not to commercialise game contents and asset and status items acquired within games, in order to ensure that the users of the Services always behave playfully. Any violation of the above ban on selling will lead to the immediate locking of your Account.

X) Software, copyright

1) Burda:ic provides you with software as part of the Services. Burda:ic grants you the non-exclusive right, limited to the duration of the usage of the Services, to use the software as part of a non-commercial usage on a single computer. You may only make copies of this software as a backup and for archiving for personal purposes, unless Burda:ic explicitly allows you to pass on the software. The client program for the use of individual Services can be freely copied and forwarded by anyone. You undertake to retain, on any copies of the software, the notes on intellectual property contained in this software and to comply with the laws relating to the use of software.

2) You are not allowed to reproduce the software for payment or to make the software available to third parties in return for payment or to lend for payment or rent for payment the software or rights thereto or to transfer such in any other form to third parties for payment or to change or translate the software, to apply reverse engineering, to decompile or disassemble the software or to create other derivates based on the software.

3) The rights to the intellectual property of all contents of the Services and other property rights to the software remain with Burda:ic and/or its suppliers and licensors.

4) The above regulations shall not affect agreements on further licence provisions for software which you may accept before making use of the Services.

XI) User's obligations, release from obligation

1) When you register as a user, you undertake to use the Services solely for your own personal use. You are not allowed to use the Portal or Services indirectly or directly for commercial purposes, e.g. by publishing and disseminating advertising measures, or using graphics or music for commercial purposes.

2) You undertake not to reveal your password to third parties, even if asked. Neither employees of Burda:ic nor volunteers are entitled to ask you for your password. Any actions that any unauthorised third party undertakes using your access data shall be at your expense. This does not apply if the unauthorised third party has gained knowledge of your access data due to the culpable behaviour of Burda:ic.

3) Burda:ic is entitled to take all necessary protective measures in the event of the misuse of passwords. This also includes the (temporary) blocking of the Services.

4) You hold Burda:ic free from all claims made by other users or other third parties against Burda:ic because of the violation of their rights by contents provided by you or any other illegal use of the Portal and contents provided there. In such a case, you will take over the costs of the necessary legal defence of Burda:ic including all court and lawyers' costs in the statutory amount. This does not apply if you were not to blame for the violation of the law. You are also obliged, if claims are asserted on/action is taken against Burda:ic by third parties, to provide Burda:ic immediately, truthfully and completely with all information which is necessary to examine the claims and for the defence.

XII) Liability of Burda:ic

1) Burda:ic is only liable in the event of intent and gross negligence. In the event of a violation of essential contractual obligations or late payment, or if Burda:ic is unable to provide the Services through its own fault, however, Burda:ic bears liability for any culpable behaviour of its employees and agents.

2) Except in cases of intent or gross negligence on the part of statutory representatives, senior employees/officers or other agents of Burda:ic, the level of liability is limited to the damage that could typically have been predicted at the time of the conclusion of the Contract.

3) There shall only be liability for the reimbursement of indirect damage in the event of intent or gross negligence on the part of statutory representatives, senior employees/officers or other agents of Burda:ic.

4) The above liability exclusions and limitations shall not apply if express guarantees are taken over by Burda:ic or for damage caused from death, physical injury or damage to health or in the case of compulsory statutory regulations.

5) Burda:ic takes no responsibility for the correctness, completeness or reliability of external contents.

6) You are aware that the software kept and used by Burda:ic is not and cannot be free from faults. Burda:ic is not responsible for the fact that, within the course of the game, software faults of this type may have an adverse effect on the course of the game.

7) This shall not affect any liability under the Product Liability Act in any case.

8) We from Burda:ic provide our Support Service free of charge. We therefore only accept liability for defective support services in the case of intentional or grossly negligent mis-information on the part of our own employees.

9) Burda:ic generally prepares backup copies of all data every 24 hours. In the event of any data loss, Burda:ic is liable in accordance with the above principles, but limited to damage caused by the loss of data which was saved at least 24 hours before the corresponding data loss. Purchase transactions which you charged to your Account within the last 24 hours will be reconstructed and credited back to you.

XIII) Transfer of rights by Burda:ic

Burda:ic is entitled to transfer the rights and obligations arising from this Contract to a third party. If a transfer of this type is made, you can terminate the use of the Services provided by Burda:ic without notice.

XIV) Applicable law, amendments to these GTB, safeguarding clause

1) Burda:ic reserves the right to change these GTB at any time and without giving reasons. The amended terms will be sent to you by e-mail at least two weeks before they come into force. If you do not object to the application of the new GTB within two weeks after receipt of the e-mail, the amended GTB will be regarded as having been accepted. Burda:ic will point out the importance of this two-week deadline in the e-mail containing the amended terms of business.

2) If you do not agree to the changes in the GTB for an objective reason, you have the right to stop using the Portal at any time.

3) If any provision of these GTB is invalid, this shall not affect the other provisions. The invalid provision shall be deemed to have been replaced by another that comes commercially as close as possible to the sense and purpose of the ineffective provision in a legal manner. The same applies for any omissions.

4) All legal relationships arising from the use of the Services shall be governed by the law of the Federal Republic of Germany.

XV) Right of revocation

1) As our customer, you may revoke this Contract in writing or via the Portal support area without giving reasons within 2 weeks of conclusion of the Contract. You can carry out this revocation either using the Ticket System (click here!) or by post to Burda:ic GmbH, Florensia Support, Arabellastr. 23, 81925 München, Germany. Sending the revocation off on time is sufficient to comply with the termination deadline. Burda:ic will not accept any revocation that is not clearly from the holder of the Account (or his/her parent or guardian).

2) There is no right of revocation according to clause 1 if you wish to cancel a service which has already been carried out (partly) by Burda:ic at your instigation (Clause 312d §3.2, German Civil Code "BGB"), or if the object of the Contract is not suitable for return because of its nature (Clause 312d § 4.1, German Civil Code "BGB"), e.g. downloaded software.

XVI) Appendix

With the acceptance of the Terms & Condition, the customer also accepts and agrees to the Code of Conduct (Code of Conduct).

Version as of May 28, 2009