Thinking About It: Combat Siege Browser Game Terms & Conditions & Privacy Statement DITOGAMES

Here is a great example of lengthy TLDR legal agreement for an online browser based game from Swiss gaming company. I read stuff like this to gain insight and understanding into legal terms of conditions, so that I can understand reading such things and precise language redundant and explicit, as a kind of rhetorical tactic to convince other people that radically reducing pollution very important, for example. Mostly because common pollutants are harmful to human health and bad for animals and nature.

Terms and conditions for DITOGAMES AG

Scope of Application

DITOGAMES AG (hereinafter referred to as "DITOGAMES")
– Wilenstrasse 135, 8832 Wilen, Canton of Schwyz, Switzerland
– offers on the Internet the browser game "Combat Siege"
at the URL https://www.combatsiege.com
(hereinafter referred to as "browser game") for participants
(hereinafter referred to as "users") to use in an Internet browser.
It is possible to register and take part, within the scope of these
terms and conditions of use, free of charge,
although the game resource of the browser game,
in this case "Gold" (hereinafter referred to as an "add-on"),
can also be purchased. These terms and conditions of
use regulate the use of the browser game and consist
of a general part (Part A) for all users and a special part
(Part B) in the event of the user purchasing add-ons
and the regulations in Part A being supplemented or
modified as a result.

Part A: General provisions

1.	Inclusion of the terms and conditions of use and creating an account
1.1	A prerequisite for making use of the browser game is for the user to register at the above-mentioned website, during the course of which the user needs to undertake to agree to these terms and conditions of use. Following successful registration, a user account is set up for the user (hereinafter referred to as "account").
1.2	The user shall not have any claim to register and take part, and may be turned down by DITOGAMES without any reasons being given. Only natural persons are permitted to register, and users may only register personally and may not be registered by a third party, in particular not by any party undertaking the registration of individuals commercially on behalf of various telemedia service providers (registration services). It is not permitted to register and use the browser game for commercial purposes or any other trading purposes.
1.3	The user shall be obliged to choose a secure password, and protect it from unauthorised access by third parties. The user shall be responsible for the security of the password.
1.4	The user undertakes only to use one account at a time. So-called "multi-accounting", i.e. creating or using further accounts in order to thereby create benefits for another account in the game is not permitted. DITOGAMES is entitled to assume a case of "multi-accounting" if several accounts log in via the same IP address over a significant period of time without any interruptions or only with few interruptions.
1.5	The account is not transferable without DITOGAMES's express consent. So-called "power-levelling", i.e. letting a third party use the account temporarily (e.g. by passing on the password), so that the latter can take the account to a certain level in a given game in return for money, is not permitted. Passing on passwords to third parties, as well as using the log-in data of other users for other purposes is likewise not permitted.
1.6	DITOGAMES is entitled, in individual cases, to block the account or individual functions of the account if the user violates the obligations arising from Clause 1.4 or Clause 3. In such a case, DITOGAMES shall initially block the account or the corresponding functions, i.e. the further use of the account will be technically disabled. DITOGAMES will then inform the user about the reason for blocking the account and give him or her the opportunity to respond. As long as the breach of duty persists, the account will continue to remain blocked. Should the user prove that the breach of duty has been remedied (e.g. that an insulting statement has been removed) or that no breach of duty existed, DITOGAMES shall lift the block no later than 72 hours after being presented with such evidence. In the case of an account block, the user is not permitted to register under any other name. DITOGAMES's right to terminate the use relationship (e.g. in the case of repeated breaches of duty) shall not be affected thereby.
2.	Specification of services
2.1	DITOGAMES makes the browser game available to users on servers that can be accessed via the above-mentioned website. The browser game is only accessible and usable via the current versions, including the mobile versions, of the Firefox, Chrome, Opera, Safari or Internet Explorer browsers. The availability of the browser game via the Internet (i.e. the basic serviceability and connection to the Internet on the part of the servers of DITOGAMES) is fixed at 90% across the year on average. When calculating the availability, persistent interruptions that are only brief (i.e. of less than one minute's duration) (even if the latter make it necessary to log in again), and scheduled or unscheduled maintenance work that is necessary in order to maintain ongoing operation and the security of it, or to carry out updates or upgrades, are not taken into account, nor are outages due to Acts of God or outages of networks of other operators, that are beyond DITOGAMES's external firewall connected to the Internet backbone.
2.2	The browser game is a real time strategy game, that carries on with other users once the user is no longer logged in. That means that the user can lose scores and game features achieved (e.g. Vehicles, helicopters, bases) through attacks by other users during his or her absence.
2.3	The browser game includes an internal communication system, with which players can communicate with one another during the game by chatting. The user has no claim to such communication system functioning or to his or her communications or other content being published on that system. DITOGAMES shall in particular be entitled to impose a writing block upon the user if the latter violates the obligations detailed in Clause 3.3. In this case the consequences as per Clause 1.6 shall apply accordingly. DITOGAMES does not adopt the content placed there by the user; the user retains all rights in the latter. The user accepts sole responsibility for the content and contributions introduced by him or her, and undertakes to entirely free and relieve DITOGAMES from any claims made by third parties in the event of damage caused culpably.
2.4	DITOGAMES aims to permanently maintain a game that is as interesting as possible and, in relation to the user's capabilities and participation, thrilling for as many players as possible with differing capabilities and levels of commitment. For this purpose it is necessary for the browser game to continually be developed further, and to change over time. For this purpose, it may be necessary for new features to be introduced and for old features or such that are irrelevant to the actual gaming experience to be removed. Solely DITOGAMES shall take decisions on the latter, and it shall not be obliged to implement any requests for changes submitted by users. Any add-ons purchased by users shall, however, retain their validity, and may continue to be used, if applicable for different game features than previously.
3.	Code of conduct/obligations on the part of the user
3.1	The user is obliged to play the browser game exclusively using the Internet browsers outlined in Clause 2.1. The use of software, browser plug-ins (i.e. programs that extend the functionality of web browsers), bots (i.e. computer programs that execute tasks that are largely repeated independently, without, in that respect, relying upon an interaction with a human user), macros (i.e. the automation of activities on the graphic user interface by recording typical command sequences and operational steps), or technologies that work in a similar way in order to (1.) manipulate or change the functioning of the browser game; (2.) automatically control the browser game; or (3.) facilitate or replace control by the user is not permitted.
3.2	A malfunction of the computer program underlying the browser game (a bug) which leads to either the user receiving benefits or other players suffering disadvantages may not be exploited by the user and is to be reported to DITOGAMES immediately.
3.3	The user is prohibited from using the communication system to publish or disseminate content violating applicable law - or infringing trademarks, patents, utility or design models, copyrights, business secrets or other rights of third parties -, being of a promotional or other commercial type of nature (unless the latter relates to the browser game), is of an obscene, insulting, libellous, racist or pornographic nature, or falsely arouses the impression of having been provided or supported by DITOGAMES.
4.	Copyright
4.1	The browser game contains content of various types that is protected under trademark or copyright law or in any other way in favour of DITOGAMES or any third parties. Unless expressly permitted within the scope of these terms and conditions of use or game and forum rules, the user is not entitled to edit the browser game, duplicate it, disseminate it, reproduce it publicly, use it for advertising purposes or use the browser game beyond the scope of the contractually stipulated purpose. The only thing that is permitted is technically necessary duplication for the purpose of browsing, as well as duplication of individual copies for private use, as long as they do not serve, either directly or indirectly, to fulfil any commercial purposes. Labelling, in particular copyright endorsements, trademarks, serial numbers, etc., may not be removed, altered or obliterated, also not by suppressing the display of corresponding features on screen.
4.2	The term "content" is understood to mean any data, images, texts, graphics, pieces of music, sounds, sound sequences and videos that are provided by DITOGAMES.
5.	Warranty for Defects
	DITOGAMES does not provide any warranty for defects in the browser game, with the exception of liability for losses, which is limited in accordance with Clause 6 below. It shall be at DITOGAMES's discretion whether and at what point in time (e.g. within the scope of regular updates) defects in the browser game are remedied.
6.	limitation of Liability
6.1	The user shall be liable for infringing his or her obligations towards DITOGAMES, in accordance with the statutory provisions, in particular in regard to compensation for any losses incurred.
6.2	DITOGAMES shall have unlimited liability
6.2.1	for damage arising from injury to life, the body or the health which is based on a breach of duty by DITOGAMES or a legal representative or vicarious agent of DITOGAMES;
6.2.2	for any losses based on wilful or grossly negligent breach of duty on the part of DITOGAMES or its legal representatives and vicarious agents;
6.2.3	for any losses due to the non-existence of warranted properties;
6.2.4	for any losses arising from strict liability, in particular in accordance with the Product Liability Act.
6.3	DITOGAMES shall not be liable in the remaining cases of losses based on slightly negligent breaches of duty.
6.4	The respective limitations of liability of these terms and conditions of use in favour of DITOGAMES shall apply equally to DITOGAMES's representatives and vicarious agents.
7.	Contractual period and termination
7.1	The use relationship between DITOGAMES and the user is being concluded for an indefinite period of time. The use relationship can, always without giving reasons, be terminated by the user at any time with immediate effect and by DITOGAMES within a period of two weeks as from the user receiving the notice of termination.
7.2	DITOGAMES shall be entitled to terminate the agreement extraordinarily, with immediate effect, for a significant reason. A significant reason shall in particular exist if the user repeatedly infringes his obligations under Clause 1.4 or Clause 3.
8.	General/final provisions
8.1	Should one of these provisions be invalid, the validity of the other provisions shall not be affected thereby.
8.2	DITOGAMES AG reserves the right to alter these terms and conditions of use at any time. The user will be notified of any amendments to these terms and conditions of use and any other contractual provisions between the user and DITOGAMES, and the latter will be made available in text form (e.g. at the time of logging in to play the game). Should the user not agree to their validity, as provided for in the notification, DITOGAMES shall terminate the agreement with the user, giving three months' notice. DITOGAMES shall in particular point out the consequences of the amendments to the user when notifying the changes.
8.3	Swiss law shall govern the contractual relationship. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Part B: Add-ons/Services for a fee
9.	Specification of services
9.1	The browser game contains a virtual game resource, which is necessary in order to be able to make use of some game features (e.g. Expansion of building) that can be acquired by playing the browser game. The game resource can, however, also additionally be purchased as an add-on, which, in the short term, enables users to equip themselves with further game features, without having to take the in-game steps necessary otherwise.
9.2	The use of the game resource (Gold) for game features cannot be reversed. The game features created by the game resource have no real value whatsoever, and the game features can be lost during the game (e.g. another player destroys an expanded building).
9.3	The game resource and the game features available along with it can only be used in the virtual game world of the browser game that is the subject of these Terms and Conditions of Use. They cannot be transferred to either other players/accounts or other games of DITOGAMES.
10.	Termination / blocking of an account
10.1	For users who have purchased add-ons there is an extended period of time for regular termination by DITOGAMES, which, by way of derogation from Clause 7.1, is three (3) months as from receipt of the notice of termination. Upon receipt of the notice of termination, the opportunity to purchase further add-ons is blocked, and additional add-ons can no longer be purchased as from this date.
10.2	In the event of termination or a justified account block (cf. Clause 1.6), no claims to a refund of the payment for add-ons shall exist, even if the latter have not yet been converted into game features.
11.	Payment
11.1	The information on the current rates and the available payment methods can be viewed in the in-game shop. Xsolla Inc. is an authorized global distributor of Combat Siege.
11.2	The fees agreed in each case are due for payment immediately upon concluding the agreement. A credit note for any Gold purchased shall be issued once DITOGAMES has ascertained that payment has been received.
11.3	Should DITOGAMES be facing chargeback or cancellation fees due to fault on the part of the user (e.g. through insufficient funds in the user's account or due to false or unauthorised account details being given), the user shall bear any actual costs incurred in connection with the latter.
12.	Warranty for Defects
12.1	Any bugs in the browser game that are insignificant, because they do not occur during normal play and only have a slight impact upon the functionality of the browser game, are not to be classified as defects.
12.2	DITOGAMES's strict liability under Sec. 536a(1) German Civil Code (BGB) due to defects which already exist as at the date of the agreement being concluded shall be excluded. Otherwise, the legal position shall be deemed to be the one that applicable law defines. DITOGAMES shall itself decide on the type of subsequent improvement. As long as they do not concern the basic functionalities of the browser game, defects may in particular be remedied in the course of regular updates.
13.	Liability
13.1	By way of derogation from Clause 6.3, in the other cases of losses (i.e. in the cases not falling under Clause 6.2) only the following limitations shall apply, based on slightly negligent breaches of duty:
13.1.1	In the case of cardinal contractual obligations being infringed, DITOGAMES shall only be liable for contractually typical damage. Besides the principal obligations concerning performance existing in the mutual relationship, any other obligations, the fulfilment of which enable the agreement to be fulfilled in proper form in the first place and adherence to which the user may usually rely on shall be deemed cardinal obligations.
13.1.2	The liability mentioned in Clause 13.1.1. above shall be liable to EUR 200.00 per account.
13.1.3	In the event of non-material contractual obligations being infringed, liability on the part of DITOGAMES shall be excluded.

Wilen, Canton of Schwyz, Switzerland, Aug/01/2022

Privacy Statement

This privacy statement provides information regarding the personal data DITOGAMES AG (hereinafter referred to as "DITOGAMES") - Wilenstrasse 135, 8832 Wilen SZ Switzerland, acquires through your use of the browser game Combat Siege (hereinafter referred to as "browser game").

1. Website, Registration, and Games
If you are interested in the online game and go to its website, DITOGAMES will only receive your IP address in order to display the page. To use the browser game, you must register in advance. DITOGAMES collects and uses your user name, password and an email address (in order to confirm the login information, allow the user to use the forget password link or for requests that will occur later) in order to fulfill the User Agreement, but in particular, to enable you to access to your account. This includes the monitoring of compliance with the conditions of use and rules of the game. Registration and use of the free services of the browser game can use pseudonyms (as long as your name is not included in your e-mail address). In short, you can choose your username freely. Please note that this username in the browser game may be used and displayed for different purposes (for example, for labeling your game pieces on the playing field or in alliances, the identification of your comments in chat rooms or message as well as the charting of scores that you obtain ). If you do not want your real name to be recognized here, you should choose a different username.
When using the browser game, data about your activities as a player (for example, moves, game histories, Scores, records of the use of game resources) and individual data, such as IP address, browser type, device type, operating system and access times transmitted through your computer or mobile device are automatically sent to DITOGAMES and stored on the server and used for the following purposes:
- This data is used to record your progress and to enable you to continue playing after you logout.
- Except for checking compliance with the Terms of Use and Rules or for the prosecution of illegal use of the internet publication, this data only used by DITOGAMES for statistical and performance analysis (as far as possible, the information is anonymized).
- In addition, statements which you write in the communication platforms (chats, some of which are publicly available, only partially closed groups (such as alliances) are accessible) in the browser game are saved and used for that.
- If the browser game allows the sending of messages to other individual players, the traffic data and the content of your communications will be stored for this purpose: the content of your communications are basically only you and the recipient accessible; However, DITOGAMES reserves the right to take access to the communication in case of complaints concerning compliance with the conditions of use and rules of the game, the resolution of such allegations.
- The browser game score charts are managed in the form of a high-score list, users are listed under their user name with the points they have earned: If you do not want to use your real name for it, you should select the user name to match; However, DITOGAMES allows you to hide the user name in the charts.
If you make a request from DITOGAMES, the information contained therein to answer the request can be stored and used. DITOGAMES reserves the right to use your personal data to customize the service to meet requirements and to continually improve the service. The thereby resulting profiles are created under a pseudonym with which you can be identified. You can object to the use of such user profiles.

2. The Use of Free Add-ons and Payment Data
If you want to purchase paid add-ons, DITOGAMES or payment providers commissioned by DITOGAMES need at least your user name and optionally additionally your name, address, telephone number (for payment via sms or phone) and - different depending on method of payment - payment data (eg account information) on them to perform the payment.
DITOGAMES works with payment providers (credit card companies, banks, PayPal, mobile services, etc.) that you can select during the checkout process. These service providers only have access to your personal data as is necessary to fulfill their tasks, they do not have access to any of the aforementioned data that is given at registration for your use of the game. These service providers are obliged to treat your personal data in accordance with this privacy policy and the relevant data protection laws. For payment transactions your information is encrypted using the SSL method and your payment data is regularly transmitted and stored only on the payment provider you have selected. DITOGAMES does not have access to this data only receives information regarding the implementation of the payment (for example, transaction number) to allocate your payment to.

3. Newsletter
DITOGAMES will inform you about news or, where appropriate, changes to the browser game as well as its own similar services by e-mail. In every newsletter there will be an option to discontinue receiving them, see the information note 'To receive future no mail for this game account, click here'. After clicking on 'here', you will be sent no further information for this game account.

4. cookies
4.1 About cookies
Cookies are small text files that are stored on your hard drive when you visit a website. These text files are used by the Web server that you are making a connection with your web browser (eg Internet Explorer). Servers that communicate with your device can read these text files. The same is true for other technologies such as local Flash data below for simplicity are also indicated as cookies. .

4.2 Cookies to Facilitate the Use
DITOGAMES uses cookies solely to enable the use of the browser game or to facilitate and implement the terms of service which allows for a simple progress of the game across several pages without the user needing to login each time or to the to prevent use of multi-accounts. For this purpose, we use so-called "session cookies" that operate only during the duration of your visit to the site and only as long as your browser is open. Once you close the corresponding web session or the browser, the cookie is automatically deleted.

4.3 Browser Settings
Most browsers are set to automatically accept cookies. However, you can deactivate the storing of cookies or adjust your browser so that it notifies you when cookies are being sent. You can also delete cookies at any time from your computer (for example, in Windows Explorer). If you want to do this, please use the help function of your web browser or your operating system. However, DITOGAMES would like to point out that you can thus reduce the functionality of this website which may make it unusable.

4.4 Online Advertising for the Game
DITOGAMES allows for the circulation of online advertising for the browser game and allows third parties to place pixels on their website used to invite users to register for the game. DITOGAMES is not responsible for cookies that are used by these websites, which falls under the responsibility of the advertising agencies that place advertisements on these websites.

5. Disclosure of Data / Storage
Your data will be stored and used in Germany and Switzerland. Although Switzerland is not a member country of the European Union, the European Commission has recognized that Switzerland has a comparable level of data protection.
Of course, your personal data will not be sold to third parties.
Apart from the above payment providers (see paragraph 2) DITOGAMES works (eg data centers (server) host providers) with IT service providers. These service providers only have access to your personal data as is necessary to fulfill their tasks. These service providers are obliged to treat your personal data in accordance with this privacy policy and the relevant data protection laws.
Finally, on an individual basis, DITOGAMES may give your data to investigating authorities as is legally required to do so without your consent.

6. Your Rights to Revoke, Access, Rectification, and the Deletion of Data
You can object to the use of user profiles (see point 1). You can also request information about the stored data concerning yourself as well as the correction or deletion of inaccurate data. If you wish to exercise these rights or have any questions about your privacy please contact us at or email address listed above or post-mail, care of DITOGAMES. Please enter the browser you play the game on as well as your player name and e-mail address.
We will delete your personal data, insofar as they are no longer necessary or you have made a right of cancellation claims. We will delete your account even if you have not completed the necessary information regarding your browser information or if you have not completed the tutorial within 10 days or have not logged in for a period of one year (unless you have been charged for game resources, your account will not be deleted) . Please note that billing data cannot be deleted, as far as retention obligations consist of or are still required by us for the billing of services.

7. Google and Facebook Tracking Pixel
7. Google and Facebook conversion tracking pixels Our website uses "conversion tracking pixels" from Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA, https://www.google.com) and Facebook Inc. (1601 S. California Ave. , Palo Alto, CA 94304, USA, https://www.facebook.com). With the help of this tool, we have the ability to track user's actions after they've been redirected to a provider's website by clicking on a partner's ad. This enables us to record the effectiveness of advertising for statistical or market research purposes. The data collected is anonymous. This means that we do not see any personal data of individual users. However, the collected data is stored and processed by Google or Facebook. We will inform you according to the information available to us at that time. Facebook or Google may associate this information with your Google or Facebook account and use it for their own promotional purposes in accordance with their own privacy policy at https://www.facebook.com/about/privacy/. Conversion tracking allows Google or Facebook and their respective partners to show you ads on and off Google or Facebook. In addition, in both cases, a cookie will be stored on your computer for these purposes. Please click here if you wish to withdraw your consent: https://www.facebook.com/ads/website_custom_audiences/ orhttps://www.google.com/settings/ads/onweb

8. Google Remarketing
Our Website use the remarketing technology of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043; "Google"). Through this technology, users who have visited our websites and online services already and interested in the offer, can be addressed again through targeted advertising on the sides of the Google Partner Network. The insertion of advertising is done through the use of cookies, which are small text files that are stored on the user's computer. Using the text files the user behavior can be analyzed when visiting the site and then used for targeted product recommendations and interest-based advertising. If you prefer not to receive interest-based advertising, you can disable the use of cookies by Google for this purpose, by visiting the page https://www.google.com/settings/ads. Alternatively, users can disable the use of third-party cookies by visiting the deactivation page of the Network Advertising Initiative. Please note that Google has its own privacy policy, which are independent of ours. We assume no responsibility or liability for these policies and procedures. Please inform yourself before using our site about the privacy policies of Google.

9. Pay by micropayment
On our website we offer different payment methods. For the processing of technical payment services, we use (among others) the services of Micropayment AG, Lindenhof 4, Ch-6060 Sarnen (Switzerland). When paying with these payment methods, the privacy policy and conditions of the company Micropayment AG apply, which you can view as part of the payment process. The transfer of your data to Micropayment AG is based on Art. 6 para. 1 lit. a DSGVO (consent) and Art. 6 para. 1 lit. b DSGVO (processing to fulfill a contract). You have the option to revoke your consent to data processing at any time. Revocation does not affect the effectiveness of historical data processing operations. You also have the right at any time to obtain free information about your stored personal data, their origin and recipient and the purpose of the data processing as well as a right to correct, block or delete this data. Please set up your privacy policy for payment with micropayment to: privacy@micropayment.ch

Thinking About It

Combat Siege Browser Game Terms & Conditions & Privacy Statement DITOGAMES

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