Terms of service

Last Updated: 2024/06/26

I. Scope and Subject Matter

1) The online and mobile games and other services provided by embervale.tv are for entertainment purposes only. embervale.tv alerts users that in some online or mobile games, so-called rollbacks or content resets may occur, which could reset game progress and possibly virtual items acquired in the game.

2) The user has the opportunity to utilize the services of partners of embervale.tv in certain online and mobile games and other services. In this case, a separate contract is concluded between the user and the respective partner of embervale.tv. The user will be appropriately notified before concluding the contract.

3) The following General Terms and Conditions (GTC) determine the use of the online and mobile games and other services provided by the embervale.tv on their respective websites and in the App Stores.

4) In addition to these GTC, the specific game rules for each online or mobile game apply, if available. In case of contradictions between these GTC and the game rules, the provisions of these GTC take precedence. For certain online or mobile games, special variants and/or components of these games, as well as individual services on the embervale.tv websites, additional terms of use may apply. The user will be appropriately notified before using the respective offer.

5) embervale.tv reserves the right to continuously improve the provided online and mobile games and other services to keep them attractive for a variety of users. Users will be informed about relevant changes and developments in a timely and appropriate manner.

6) Deviating regulations or general terms and conditions of the user will only be considered if embervale.tv has expressly agreed to them beforehand.

II. Applicable Law

The law of Malta shall apply. Mandatory provisions of the country in which the user has his residence remain unaffected by this choice of law.

III. Conclusion of Contract

1) There is no entitlement to registration and activation.

2) To use the online and mobile games and other services offered by embervale.tv, the user must register and, if necessary, install the corresponding app. However, there is no right to registration or conclusion of a contract with embervale.tv.

3) Registration is not allowed for persons under the age of 18.

4) Registration is only permitted for natural individuals. Groups, families, or life partners, etc., cannot be admitted as users.

5) In some games, registration can also be done through third-party providers (such as social networks or app stores of mobile phones). In this case, the data required for registration are taken from the user's respective accounts with the third-party provider.

6) When registering for online games, the user must provide a player name and usually a linked Twitch or Steam user account. There is no right to the allocation of a specific player name. The chosen player name must not violate third-party rights, nor breach existing legal prohibitions or public decency. Email or internet addresses may not be used as player names. The user assures that the information provided to embervale.tv during registration is true and complete.

7) The registration must be done personally by the user. Registration by third parties, especially by those who commercially register individuals with various service providers (registration services or entry services), is not allowed.

8) With successful registration, the user creates a user account ("User Account") which they can manage independently. Transfer of the User Account without the consent of embervale.tv is not allowed.

IV. Usage Fees

1) Users generally have the option to use the offered online and mobile games for free. However, there is the option to purchase virtual currencies (e.g., rubies, gold, arcanites, gems, hereinafter "Premium Currency"), individual virtual functions, and other services (collectively "chargeable functions") for a fee. Prices for the desired virtual goods are displayed in euros, US dollars, or another regionally customary currency. It is also possible to obtain Premium Currency through the exchange of "Twitch Bits". Users can use the acquired Premium Currency to purchase advantages or virtual items in the respective online or mobile game.

2) Users are separately informed about the nature of the chargeable functions, particularly their functions, the duration of their availability, the respective price, and the available payment methods, in the context of the game.

3) The user submits an offer to purchase the chargeable functions by selecting the desired items and payment method in the respective online or mobile game, clicking the "Buy Now" button, and thus completing the order process. The contract between the user and embervale.tv is concluded with the successful completion of the order process.

4) Payment is processed either by the service provider commissioned by the user for payment, by a transfer to be made by the user, or, in the case of mobile games, through the respective app store. Any applicable general terms and conditions of the commissioned service provider apply in addition to these General Terms of Use of embervale.tv.

5) After the completion of the payment process or upon receipt of the payment in the account specified by embervale.tv in the case of a transfer, the chargeable functions are credited to the user's account.

6) For mobile games, on the portals of individual distribution partners, and in online and mobile games integrated into social networks, the contract conclusion procedure may differ from the one described here. In such cases, the user will be separately informed about the contract conclusion process.

7) The user is responsible for ensuring that all information provided during a payment process (especially bank details, credit card number, etc.) is complete and correct.

8) The available payment options vary depending on the online game, mobile game, user country, and the technically feasible payment options available on the market. These are displayed to the user at the beginning of the ordering process.

9) embervale.tv reserves the right to lower or raise prices for individual chargeable functions in the future.

10) In the event of late payment, statutory default interest will apply. embervale.tv is also entitled to block the user account, claim damages, and discontinue services.

11) If embervale.tv incurs chargeback or cancellation fees due to the user's fault (this includes insufficient coverage of the account), the user bears the costs incurred.

V. Basic User Obligations

1) Modifying the client software, as well as decompiling the provided program code into other code forms, and other forms of reverse engineering of the various manufacturing stages of the software, are prohibited.

2) Only the creator of the account is permitted to use the functions of the account. The user is responsible for ensuring that their account is not used by third parties.

3) The use of embervale.tv's websites through anonymization services that suppress the true IP address of the user is not allowed.

4) The websites and mobile games of embervale.tv contain various contents that are protected by trademarks, copyrights, or in other ways for the benefit of embervale.tv or third parties. Unless expressly permitted in these general terms of use, the user may not edit, reproduce, distribute, publicly perform, advertise, or use the websites, mobile games, or content provided thereon beyond the contractually agreed purpose. Only technically necessary reproduction for the purpose of browsing and permanent reproduction for private use are permitted. Copyright and trademark notices must not be altered, suppressed, or removed.

5) By "contents" we mean all data, images, texts, graphics, music pieces, sounds, sequences of tones, videos, programs, and software codes, and other information provided by embervale.tv. In particular, all service offers provided for download are defined as "contents".

6) The user undertakes not to take any action that could endanger or disrupt the functionality of embervale.tv's websites, individual services offered thereon, and/or services, online or mobile games. Likewise, accessing data for which the user does not have authorization is prohibited. The retrieval of provided content should only occur in a manner that does not impair other users' use of embervale.tv's websites and contents. Sending data or software that can affect the hardware or software of recipients is not allowed.

7) For offers that require the installation of client software, embervale.tv grants the user a limited, non-exclusive, non-transferable, personal, and temporally limited to the duration of the user agreement right to install and use the client software for the purposes agreed upon in these general terms of use and the respective game rules. Any commercial use of the software is prohibited.

VI. Use of Forums and Other Communication Channels

1) embervale.tv may provide users with various communication channels for their own content and contributions on the embervale.tv websites, in the games, and on social networks (including discussion forums, chats, blogs, guestbooks, and the like, as well as comment functions, collectively referred to as “Communication Channels”). These can be used by the user within the limits of their actual availability. embervale.tv only provides the technical possibilities for information exchange. However, there is no entitlement to the provision of these communication channels.

2) The user assumes full responsibility for the content and contributions they submit. They agree to indemnify embervale.tv from legitimate claims of third parties arising from a culpable breach of their obligations. embervale.tv expressly does not endorse the content posted by users.

3) The mention of websites, companies, or product names is only permissible to the extent that it is not primarily for advertising purposes.

4) All users of the communication channels are required to use appropriate and acceptable language. Defamatory criticism or attacks on individuals in a demeaning manner are prohibited.

5) Without prejudice to other rights under these general terms of use, embervale.tv has the right to delete entirely or partly any contents and contributions that contravene the rules of these general terms of use. Furthermore, embervale.tv has the right to exclude users who violate these rules from further use of the communication channels, either temporarily or permanently.

6) Users are prohibited from publishing or distributing content within the communication channels that:

a) falsely give the impression of being provided or supported by embervale.tv;

b) are offensive, harassing, or defamatory;

c) are obscene, racist, glorifying violence, pornographic, endangering the youth, or otherwise harmful or impairing to the development of children and adolescents;

d) contain personal data of third parties without their explicit consent;

e) violate applicable law, good morals, or provisions of these general terms of use or the respective game rules;

f) have a commercial, particularly advertising character;

g) infringe trademarks, patents, utility models, design patents, copyrights, trade secrets, or other rights of third parties;

h) contain chain letters or pyramid schemes.

VII. Special Conditions for the Use of Online and Mobile Games

1) The user may only participate in each game round (e.g., world, universe, etc.) of an online or mobile game with one user account (User Account), unless the respective game rules allow exceptions.

2) Manipulative interventions in the online or mobile game are prohibited for the user. In particular, the user must not use any measures, mechanisms, or software that could disrupt the function and gameplay. The user must not take any measures that could lead to an unreasonable or excessive burden on the technical capacities. It is not allowed for the user to block, overwrite, modify, or otherwise disruptively interfere with content generated by the game management.

3) Under no circumstances may the user:

a) Sell, buy, or exchange user accounts. This includes all circumventions, similar procedures, or actions that have an effect equivalent to the prohibitions mentioned above.

b) Use software that enables "data mining" or otherwise collects or intercepts information in connection with the online or mobile games;

c) Create or use cheats, mods, and/or hacks, as well as any other third-party software that alters the gaming experience of the online and mobile games;

d) Use virtual items used in the online or mobile games outside of the online or mobile games, or buy, sell, or exchange them for "real" money.

If a user repeatedly attempts to return their purchases, the company reserves the right to issue a permanent ban from accessing the game.

4) Furthermore, the user may not access the online game (including all individual web pages) with any programs other than an internet browser or the client program provided. This specifically refers to so-called bots and other tools meant to replace or supplement the web interface. Scripts and fully or partially automated programs that could give the user an advantage over their fellow players are also prohibited. This includes auto-refresh functions and other integrated mechanisms of the internet browser, if they are automated processes.

5) All rights to the virtual items used and provided in the online or mobile games belong exclusively to embervale.tv or a contracting partner authorized by embervale.tv. The user is only granted a non-exclusive, temporally limited right to use the virtual items for the duration of the user agreement, but under no circumstances do they acquire ownership.

VIII. Consequences of Breaches of Duties

1) embervale.tv assumes no liability for damages resulting from breaches of duty for which the user is responsible.

2) Notwithstanding all other legal or contractual claims, embervale.tv may, at its own discretion, take the following measures if a user culpably violates legal provisions, third-party rights, these general terms of use, or the respective additional provisions and game rules:

a) Deletion of contents;

b) Warning a user;

c) Temporary or permanent suspension of a user for individual or all online and mobile games, as well as contents on the embervale.tv websites;

d) Exclusion of a user, including specific game functions (e.g., chat);

e) Imposition of a temporary or permanent virtual ban;

f) Termination of the user agreement according to the conditions in Section 9 of these General Terms of Use.

6.3 If a user has been suspended or excluded, they are not allowed to re-register for a service offered by embervale.tv without first obtaining the explicit consent of embervale.tv.

IX. Indemnification and Limitation of Liability

1) The user is directly responsible for the infringement of third-party rights if they are at fault for it. The user is obliged to compensate embervale.tv for all damages according to legal regulations that arise due to a culpable non-compliance with the duties resulting from these terms of use, especially if these damages result from third-party claims. This may also include the costs for a necessary legal defense of embervale.tv, including all court and attorney fees, unless the legal infringement was not caused by the user.

2) The liability of embervale.tv, regardless of the legal basis, be it contractual breach or tort, is definitively governed by the following provisions:

2a) embervale.tv is fully liable for intentional or grossly negligent actions. For slight negligence, however, only in case of violation of essential contractual obligations. The liability for the breach of such essential contractual obligations is limited to the typical contractual damage. "Essential contractual obligations" in the sense of the above explanations are those obligations that are essential for the proper execution of the contract and achieving its goals, and upon which the user may rely.

2b) All further liabilities of embervale.tv are excluded.

2c) embervale.tv recommends the user to regularly back up their data to avoid unnecessary damages.

2d) The aforementioned limitations of liability do not apply in cases where embervale.tv has assumed explicit guarantees, in the case of fraudulent behavior, and for damages resulting from injury to life, body, or health. Liability under the Product Liability Act remains unaffected.

X. Contract Duration; Deletion of User Accounts

1) Unless expressly stated otherwise for the respective online game, mobile game, or service, the contract for the use of the embervale.tv portal, online games, mobile games, and other services is concluded for an indefinite period. It begins with the approval or activation by embervale.tv.

2) The contract can be properly terminated by either party at any time. A regular termination by embervale.tv becomes effective after four weeks. A regular termination by the user becomes effective immediately. Deletion of data stored at embervale.tv by the user or a request by the user for data deletion is considered termination by the user.

3) Each party has the right to terminate the contract for an important reason without observing a notice period. If the important reason is the violation of an obligation from these terms of use, termination is only permissible after the unsuccessful expiry of a set deadline for rectification or after an unsuccessful warning. Setting a deadline for rectification and a warning are dispensable if special circumstances exist, which, taking into account the interests of both parties, justify an immediate termination. The following circumstances, in particular, justify an immediate termination by embervale.tv:

a) The user has sold, bought, or exchanged a user account without the consent of embervale.tv;
b) Use of cheats, mods, and/or "hacks," as well as any other form of software, tools, or scripts that alter the gaming experience or game mechanics of the online or mobile games;
c) embervale.tv loses the right to operate the respective online or mobile game, particularly due to the termination of a licensing agreement or as a result of official or judicial decisions;
d) Third parties play on the user's account, unless the game rules allow exceptions;
e) The user culpably violates legal regulations that serve to protect other persons or embervale.tv;
f) The user attempts to buy, sell, or exchange virtual items used in the online or mobile games outside the games for "real" money;
g) The user plays on a third party's user account or uses multiple user accounts for an online game, unless the game rules allow exceptions;
h) The user significantly impairs the gaming experience of other players;
i) The user intentionally violates these general terms of use, additional applicable conditions, and/or game rules;

4) Every termination must be in written form. The customer can also terminate online via a corresponding button according to Section 9.2.

5) embervale.tv is authorized to terminate the user account after prior notification in case of prolonged inactivity. The duration of inactivity may vary depending on the online or mobile game, but is generally at least 180 days. After termination, embervale.tv is entitled, at its own discretion within the framework of applicable law, to delete user accounts at the end of the contract.

XI. Amendments to These General Terms of Use

1) embervale.tv reserves the right to change these terms of use due to (a) legal changes, (b) changes in supreme court jurisprudence, (c) technical necessities, (d) to maintain operations, (e) market changes, and/or (f) for the benefit of users. A change will not be made if it would significantly disturb the contractual relationship between the parties. Users will be notified at least six weeks before the planned implementation of the amended terms of use in the respective online and mobile games. Alternatively, embervale.tv may notify users that they are available for viewing on the embervale.tv websites. Users can object to the change within four weeks. Rejecting the amended terms usually leads to regular termination. After this period or upon re-accessing the game, the terms and conditions are considered accepted. embervale.tv will specifically inform users about the importance of the four-week period, the right to object, and the legal consequences of omission.

2) The user is only entitled to offset if their counterclaims are legally established, recognized by embervale.tv, undisputed, or arise from this mutual contractual relationship. A right of retention can only be asserted by the user if it relates to claims from this contract.

3) Unless otherwise stated in these terms of use, communication between embervale.tv and the user usually takes place within the game. When contacting embervale.tv, the user must specify which online game or mobile game and which user account they are referring to.

XII. Severability Clause

If individual provisions of these terms of use are or become invalid and/or contradict legal regulations, this does not affect the validity of the terms of use in other respects.