Last Updated: 06/11/2018
1.Area of application
- 1.2. The user’s contractual partner is the company, which provides the game that the user makes use of (“provider”). The provider is the company mentioned at the moment the contract is concluded and is also mentioned in the legal notice of the website for the game in question.
- 1.3. The provider contravenes the validity of any of the user’s terms and conditions. Subsequently, any of the terms and conditions on the part of the user shall only constitute a part of this contract if the provider explicitly agrees to this in writing.
- 1.5. The provider may arrange competitions, tournaments, sweepstakes and other special promotions within these games. These may be subject to separate provisions that the user will be referred to, if required.
- 1.6. The provider may make use of services provided by third-parties (“third-party services”), such as app stores and social networks for the games, for example. Third-party services may be subject to the third-party provider’s terms and conditions. The user’s contractual partner for third-party services is the third-party provider in question.
2.Description of the games
- 2.2. The “games”, as defined above, , also include, where necessary, any additional services such as the acquisition of digital currency, which can be exchanged for purchasing digital objects, downloadable content, additional packets, additional functions, server changes, in-game name changes or any other additional functions (jointly: “premium features”), purchasing subscriptions, purchasing virtual objects in exchange for real currency as well as other additional services, in particular communicating with other players (e.g. forums, chat, user profile pages rankings, etc.).
3.Scope of Service
- 3.1. The provider offers the user the ability to use the current version of games, whether fee-based or free of charge, in the context of the technical and operational options available, in accordance with these terms and conditions.
- 3.2. The provider guarantees that each game can be accessed 95% of the time on average over the course of the year. This excludes times when the servers for the games in question are unable to be accessed due to problems of a technical nature or otherwise, for which the provider is not to blame (e.g. force majeure, third-party responsibility etc.). Furthermore, routine maintenance times are also excluded. The provider may limit access to the games if this is required for ensuring the APP’s operability, for upholding the integrity of the APP and, in particular, for avoiding any serious disruptions to the APP, the software or saved data; these times will also not be taken into account when calculating availability. The provider’s liability for a server not being available in the event of willful intent and gross negligence shall remain unaffected. It may not be possible to use the provider’s games, for legal or licensing reasons, in other countries.
- 3.3. Due to the diversity of end devices, system configurations, network operators and operating systems it is not possible to verify and ensure that all games will be able to run on all configurations. The provider suggests that the user consult the system requirements and compatibility information that has been published by the provider in addition to the discussion forums and frequently asked questions pages (FAQs) for the game in question. New versions may have an effect on the system requirements and compatibility requirements for the game in question.
- 3.4. The user shall not have a claim to a particular status or range of services for the game being maintained or brought about (e.g. game progress, high scores, achievements). Any claims for defects on the part of the user, which have an impact on the game’s technical playability, shall remain unaffected. Due to the fact that games are constantly being redeveloped, the provider reserves the right to offer new virtual currencies and premium features and/or to stop offering them, to change them or to make them available in the free basic version.
- 4.1. The games offered by the provider are aimed solely at consumers. Using the games for commercial purposes is not permitted. Any participation in the games is for entertainment purposes only.
- 4.2. Only adults or individuals whose legal guardians have consented to them using the games are eligible. All individuals whose accounts or game registration have been blocked by the provider are explicitly not eligible to play. If a user is underage, then he/she shall confirm that his/her legal guardian has provided consent. The provider shall be entitled, although not obliged, to request written evidence of the user being an adult or of the legal guardian’s declaration of consent at any time. As soon as an underage user uses his/her account after having become an adult, then all contracts concluded before becoming an adult in connection with his/her account shall be deemed to have been approved.
6.Modification of the Terms
- 6.1. TheTokenGame reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time and from time to time without specific notice to you other than through posting such modified terms on the Website. Please check these Terms periodically for changes. The most current and controlling Terms are linked to The TokenGame and/or posted on the The TokenGame website and indicate the date last modified. Your continued use of The TokenGame after the posting of changes constitutes your binding acceptance of such changes.
- 7.1. The games are intended to be solely for non-commercial purposes. Any use for, or in connection with, commercial purposes (e.g. propagating adverts for third-party games) is prohibited unless this use was explicitly agreed to in writing beforehand by the provider.
7.2.In addition to this, any activities in connection with the games, which violate applicable law, infringe upon third-party rights or infringe upon the principles of child protection are also prohibited. The following actions are specifically prohibited:
- 7.2.1 Configuring, propagating, offering and soliciting pornographic content, games, services and/or products, which violate child protection laws, data protection laws and/or any other law, and/or which are fraudulent
- 7.2.2 Using content that may offend or defame other users or third parties
- 7.2.3 Using, providing and propagating content, games, services and/or products, which are legally protected or which are subject to third-party rights (e.g. property rights), without being explicitly entitled to do so
7.3.Furthermore, the following activities are also forbidden irrespective of any legal violation when using the games and when communicating with other users (e.g. as a result of sending personal messages):
- 7.3.1 Propagating viruses, trojans, and other harmful files
- 7.3.2 Sending junk or spam messages as well as chain letters
- 7.3.3 Propagating offensive, indecent, sexual, obscene or defamatory content or communications as well as any content or communications that promote or supports racism, extremism, hate, physical violence or illegal acts (whether explicit or implicit)
- 7.3.4 Harassing other participants, e.g. by means of repeated personal contact without, or contrary to, the reaction of the other participants as well as promoting or supporting said harassment
- 7.3.5 The request of other participants to hand over passwords or personal data for commercial or illegal purposes
- 7.3.6 Propagating and/or publicly reproducing the content available in the games, unless this is explicitly permitted by the author or explicitly made available as a function of the game in question
- 7.4.If the user becomes aware of the games being used in an illegal or improper manner, of them being used against the terms of the contract or being misused in any other way, then he/she may inform the provider at any time. The provider will then investigate the event and take appropriate measures, where necessary. Should there be any suspicion of illegal or punishable acts, then the provider will be entitled and, where necessary, obliged to review the user’s activities and take appropriate legal steps.
8.User obligations and responsibilities
- 8.1. The user shall be obliged to keep the login data required for accessing the games (usernames, passwords etc.) secret and shall not disclose them to any third-parties unless the provider agrees, in writing, to the account or game registration being transferred, in advance.
- 9.1. The provider may offer the user the chance to participate in or use games, game elements, services and contents that are not ready for the market for testing purpose (known as “beta test” in these terms and conditions). Beta tests can contain -sometimes serious- programming errors that the provider may or may not be aware of. These can, for example, lead to the game or the user’s end device crashing. The provider may, at any time, remove or add content, reset scores, restore backups or create certain scores as part of the beta test for the purpose of identifying errors and improving the gaming experience, amongst other things. The user shall not have the right for a specific score to be restored.
- 9.2. The provider may, at any time, extend or shorten a beta test or terminate it, either in full or in part.
- 10.1. The providers hall not be responsible for third-party content or any content for which the provider only mediates access or the content of which the provider passes on unchanged. This shall also apply to the unaltered intermediate storage of third-party content. The provider makes it clear to the user that the provider shall only review content if the provider has been made aware of its illegality. The provider explicitly calls upon all users to report illegal content to customer support.
- 10.2. Therefore, the user hereby declares and guarantees to the provider that he/she is the sole holder of all rights to the content used by him/her in the game or is otherwise entitled (e.g. by means of the copyright holder’s valid permission) to use the content in the game.
- 11.1. In order to access The TokenGame you will have to login through your Facebook account. You hereby represent and warrant that the information you provide to The TokenGame upon registration and, at all other times, will be true, accurate, current, and complete.
- 12.1. The provider processes and uses the data collected from users at the moment the contract is concluded and as part of using the offer if they are necessary for correctly fulfilling the contract in accordance with the applicable data protection provisions. The data protection provisions of the provider in question shall apply.
13.In the Event of Merger or Sale
- 13.1. The TokenGame may make changes to or discontinue any of the content, media, web communities. The media, products, or services on The TokenGame may be out of date, and The TokenGame makes no commitment to update these materials.
- 14.1. You agree that The TokenGame in its sole discretion and for any or no reason, may terminate any user or user account (or any part thereof) you may have in The TokenGame or your use of The TokenGame, and remove and discard all or any part of your account, at any time, with or without notice. You agree that any termination of your access to The TokenGame or any account you may have or portion thereof may be effected without prior notice, and you agree that The TokenGame shall not be liable to you or any third-party for any such termination, including for the unavailability of any Content.
- 14.2. If you are dissatisfied with The TokenGame, then please let us know by e-mailing us at email@example.com. Your only remedy with respect to any dissatisfaction with (i) The TokenGame, (ii) any term of these Terms, (iii) any policy or practice of The TokenGame, or (iv) any Content or information transmitted through The TokenGame, is to terminate your use of The TokenGame. You may terminate your use by closing your account, discontinuing your use of any and all parts of The TokenGame, or providing The TokenGame with notice of termination at firstname.lastname@example.org
15.Disclaimers; No Warranties
- 15.1. General. You expressly acknowledge that as used in this section 15, the term The TokenGame includes its employees, shareholders, agents, suppliers, licensors, affiliates and subcontractors.
- 15.2. No Warranties. To the fullest extent permissible pursuant to applicable law, The TokenGame, and its affiliates, partners, and suppliers disclaim all warranties, statutory, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from The TokenGame or through the TokenGame APP will create any warranty not expressly stated herein.
- 15.3. Platform operation and content. The TokenGame, its suppliers, licensors, affiliates, and partners do not warrant that The TokenGame materials, content, APP or any other information offered on or through the APP or any linked applications, advertisements, or sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. The TokenGame makes no representations or warranties, implicit or explicit, as to your legal right to participate in any contest offered on The TokenGame Network nor shall any person affiliated, or claiming affiliation, with The TokenGame have authority to make any such representations or warranties.
16.Digital Millennium Copyright Act
- 16.1. General. The TokenGame respects the rights of copyright owners. Infringing content may not be submitted to The TokenGame APP by any user or third party.
- 16.2. Copyright Ownership. If you upload any content, including application, game, advertisement, site, video, image, audio, service or other submission, that contains a work eligible for protection under applicable intellectual property laws, you must be the owner of such works or have all required rights, licenses, consents, and permissions to use such works on The TokenGame APP and grant the rights contained in these Terms. Your failure to own or obtain such rights may subject you to liability.
16.3. Copyright Owner Rights. If you are a copyright owner or an agent thereof, and you believe any content submitted to and hosted on The TokenGame infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (” DMCA “) by providing The TokenGame’s Designated Copyright Agent with the following information in writing:
- 16.3.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 16.3.2 identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on The TokenGame APP are covered by a single notification, a representative list of such works on The TokenGame APP;
- 16.3.3 identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The TokenGame to locate the material;
- 16.3.4 information reasonably sufficient to permit The TokenGame to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 16.3.5 a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”);
- 16.3.6 a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is/are allegedly infringed by the aforementioned content.”).
- 16.3.7 Please consult your legal counsel (or see 17 U.S.C. § 512) to confirm these requirements and your compliance therewith. It is The TokenGame’s policy to respond to notices of alleged infringement that comply with the DMCA. In addition, The TokenGame will promptly terminate without notice the accounts of Users that are determined by The TokenGame to be “repeat infringers.” If The TokenGame receives more than three takedown notices regarding a User’s User Submissions, then that User will be considered a repeat infringer and their account will be terminated. The TokenGame’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: By electronic mail at copyright@The TokenGame.com. For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to The TokenGame customer service through legal@The TokenGame.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
16.3.8 Counter Notification. If you believe that your comment or other submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to submit the comment or submission to the The TokenGame APP, then you may send a counter notification containing the following information to The TokenGame’s designated Copyright Agent:
- 184.108.40.206. Your physical or electronic signature;
- 220.127.116.11. Identification of the comment or submission that was removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
- 18.104.22.168. A statement under penalty of perjury that you have a good faith belief that your comment or submission was removed or disabled as a result of mistake or misidentification of the comment or submission to be removed or disabled;
- 22.214.171.124. Your name, address, telephone number, and e-mail address and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- 17.1. Users are not entitled to transfer their rights from this contractual relationship to third parties. Any provisions shall only apply to the contrary if the provider has explicitly agreed to them beforehand, in writing.