General Terms of Business for the use of "CricketCrackit"

I. Scope

1. *Name of the company and the address* (called "CricketCrackit" in the following) offers internet users based globally the use of the "CricketCrackit" Casual Game Portal (called the "Portal" in the following) operated under the internet address for participation in online games 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 time, shall apply for all the Services and all other products including further developments and improvements.

II. Use free of charge, no paid membership, approved users, downloads

1. You may use all the functions of the Services free of charge. You do not enter into any paid 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. Please note: Depending on the internet access used by you, you may incur transmission costs by playing CricketCrackit (e.g. with a data volume tariff). You can obtain information about the relevant data volumes by using simple software tools. CricketCrackit is not liable for costs incurred if you decide to download 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 via the Portal and the associated creation of a personal user account (called the "Account" in the following). You undertake to provide, completely and correctly, the data requested of you during registration where the data is marked as such. If you provide dishonest information (e.g. place of residence), CricketCrackit is entitled to delete your Account. You have no right to any particular user name or password. You may change your password after you have registered. Please make sure that you keep this information up to date if it changes at all.

3. By registering, you agree that the content freely provided by you in the interactive services of the Portal can be made available to other users of the Portal. This includes in particular your team and the services and information associated with the team.

4. If there is an important reason, CricketCrackit 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. CricketCrackit 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. Upon the deletion of your Account, any points in your team's account will be removed.

IV. CricketCrackit Money

1. CricketCrackit Money (called "CM" in the following) are a virtual form of finance in acquiring virtual money for use in the Services. Right now, when you register an account at CricketCrackit, you get 100 million CM. CricketCrackit does not offer a member any option to purchase CMs using real money.

2. CMs are non-transferable, meaning they cannot be exchanged between members.

3. CricketCrackit reserves the right to offer the option to purchase CMs using money in future

4. Services may require various items of technical equipment (e.g. graphics card, browser, etc.) if they are to be used without problems. CricketCrackit does not offer any support for problem related to user equipment.

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 under "Data protection". If you do not wish your data to be saved any longer, you can change any information about you personally at any time or delete it from the publicly accessed area of the Portal in accordance with the data protection guidelines.

2. CricketCrackit 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 CricketCrackit 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 periodically for about three hours to carry out updates. In addition, it may be necessary to carry out unplanned maintenance work, which will be announced in good time – as far as possible – on the Portal website. These maintenance and updating works 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. CricketCrackit reserves the right to update, change or end individual Services.

VII. Responsibility for content, links

1. CricketCrackit 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. CricketCrackit 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.

4. Unless the permission of CricketCrackit 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 CricketCrackit . If you violate this principle, you may be barred from using the Services.

5. CricketCrackit 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, CricketCrackit 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 CricketCrackit 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, CricketCrackit 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 CricketCrackit points or CMs 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 CricketCrackit 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. 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 CricketCrackit 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 CricketCrackit .

3. CricketCrackit 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 CricketCrackit free from all claims made by other users or other third parties against CricketCrackit 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 CricketCrackit 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 CricketCrackit by third parties, to provide CricketCrackit immediately, truthfully and completely with all information which is necessary to examine the claims and for the defence.

XI. Liability of CricketCrackit

1. CricketCrackit 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 CricketCrackit is unable to provide the Services through its own fault, however, CricketCrackit 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 CricketCrackit , 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 CricketCrackit .

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

5. CricketCrackit takes no responsibility for the correctness, completeness or reliability of external contents.

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

7. We from CricketCrackit 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.

8. CricketCrackit generally prepares backup copies of all data every 24 hours. However, CricketCrackit is not liable for any data loss.

XII. Transfer of rights by CricketCrackit

CricketCrackit 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 CricketCrackit without notice.

XIII. Applicable law, amendments to these GTB, safeguarding clause

1. CricketCrackit 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.

XIV. Right of revocation

You may declare the revocation of your contractual statement in text form (e.g. letter, fax, email) within 14 days. The revocation period commences the day receiving this revocation in text form, however not before conclusion of the contract and not before fulfillment of our duty to inform pursuant article 246 § 2 in connection with §1 para. 1 and 2 EGBGB as well as our duties pursuant §312 e para. 1 clause 1 BGB in connection witch article 246 § 3 EGBEB. To observe the revocation period the duly sending of the revocation is sufficient. The revocation is to be addressed to:


Consequences of revocation

In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This may cause that you have to fulfill the contractual payment obligations for the period until valid revocation as well. Obligations of payment reimbursements have to be met within 30 days. The deadline commences by sending respectively receiving the declaration of revocation.

Your right of withdrawal expires ahead of schedule if the contract on your specific request has been fully met by both sides before you executed your right of withdrawal.

Version: 1 Feburary 2011