Terms of Service (Game)
TERMS OF SERVICE (Game)
TERMS OF SERVICE (Game)
TERMS OF SERVICE
LAST UPDATED ON: [07.04.2024]
TABLE OF CONTENTS
1 INTRODUCTION 2
2 THE SERVICE 3
3 ELIGIBILITY 3
4 PERSONAL DATA 4
5 TERM 4
6 ACCOUNT REGISTRATION 4
7 LICENSE 5
8 INTELLECTUAL PROPERTY RIGHTS 5
9 VIRTUAL CURRENCY AND VIRTUAL ITEMS 7
10 THIRD PARTY SERVICES. 7
11 TERMINATION. 8
12 RELEASE. 8
13 WARRANTY DISCLAIMER. 9
14 INDEMNIFICATION. 10
15 LIMITATION OF LIABILITY. 10
16 GOVERNING LAW AND DISPUTE RESOLUTION 11
17 MODIFICATION. 12
18 MISCELLANEOUS 12
19 CONTACT. 14
1 INTRODUCTION
Welcome to MATTHIAS GECHTER, we are a company based in the Federal Republic of Germany. These Terms and Conditions regulate the use and access of HTTPS://WWW.BATTLELIFEONLINE.COM/ and all our game software offerings, products and services (collectively, the “Platform”). For the sake of convenience, the term “Service” shall be included in the term “Platform” wherever used in these Terms and Conditions. In the event of any conflict between the terms of this Terms and Conditions and other legal documents such as “End User License agreements” made available to you by us, the terms mentioned in the other documents shall prevail unless otherwise explicitly specified in such other documents.
These Terms and Conditions and our Privacy Policy and other additional terms we make available on the Platform or otherwise (Collectively “Terms”) set out the legal obligation vis-à-vis terms and conditions for your interaction and usage of the Platform. This document includes a mandatory dispute resolution provision and regulates the resolution of any dispute which may arise between you and us as a result of using our Platform as well as a class-action waiver. By clicking “Accept” when prompted or making an Account or, using or accessing the Platform, you understand that you will adhere to these Terms and all other operating rules, policies, and procedures that may be issued periodically on the Platform by us, each of which is incorporated by reference periodically by us. If you do not agree to any of these Terms, you must stop using the Platform.
By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between MATTHIAS GECHTER (hereinafter referred to as “MATTHIAS GECHTER”, “we”, “us”, or “our”) and you the user (hereinafter referred to as (“you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).
2 THE SERVICE
Subject to full compliance with these Terms, we may offer to provide certain products, services, and websites accessed through internet-capable hardware platforms including gaming consoles, personal computers, mobile computers, or mobile devices, or in-game applications or software platforms including third-party hosts (collectively the “Services”). Services shall include, but not be limited to, any service or content we provide to you, including any materials displayed or performed. We may change, suspend or discontinue the Services, including the availability of any feature or content, on thirty days’ notice, or immediately for any reason beyond our reasonable control, or if you breach any Terms governing the Services, including these Terms and Conditions. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice.
3 ELIGIBILITY
3.1 To use our Platform, you must:
3.1.1 be at least of the age of majority and not disqualified from entering into contracts under any law;
3.1.2 complete the registration process;
3.1.3 agree to our Terms;
3.1.4 provide true, complete, and up to date legal and contact information; and
3.1.5 You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with.
3.1.6 By using Platform, you represent and warrant that you will use Platform only for non-commercial purposes.
3.1.7 By using Platform, you represent and warrant that you meet all the requirements listed above and that you won’t use Platform in a way that violates any laws or regulations. MATTHIAS GECHTER may refuse Service, close accounts of any users, and change eligibility requirements at any time.
3.1.8 By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Platform. If you do not meet any of the conditions stated herein, you shall not access/use the Platform and must cease to be a user.
4 PERSONAL DATA
To provide you with the Platform as mentioned in these Terms it is required that we collect your basic information which may include without limits, your name, applicable ID, IP-address, your year of birth, (“Personal Data”). You agree that your Personal Data is collected by us through your consent. Please refer our Privacy Policy to know more about what Personal Data is collected by us, how we use your Personal Data and our privacy practises.
5 TERM
The Term begins as soon as you access the Platform and continues as long as you use the Platform. Clicking the button and entering your username whenever and wherever prompted means that you’ve officially “signed” these Terms.
6 ACCOUNT REGISTRATION
6.1 To access the Platform, you may need to register for a user account on the Platform (“Account”). For continuous access to our Platform it is suggested that you provide us with accurate, complete and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account.
6.2 You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.
6.3 You are solely liable and responsible for any activity that occurs on your account. You agree and understand that you shall not share your user account password with anybody or do any such act which promotes unauthorized use of your user account. You shall take all measures to protect your password, including but not limited to restricting the use of your personal device.
6.4 You must notify us immediately on our Platform of any change in your eligibility to use the Platform, breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either through the Platform or through a request made on our Website.
6.5 You understand and agree that by creating an Account you may agree to receive including without limits communication concerning marketing emails and newsletters, promotional codes (if applicable), from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as legal notice and meet all the legal notice requirements. You may opt-out of receiving newsletters from us at the time of logging in to your Account and deactivating the checkbox(es).
7 LICENSE
Subject to the Terms mentioned herein, MATTHIAS GECHTER hereby gives you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the Platform (and other items displayed on the Platform for download) only for purposes of using the Platform in accordance with these Terms of Service. It is expressly prohibited without the prior express permission from MATTHIAS GECHTER to use, reproduce, modify, distribute, or store any Content for purposes other than using the Platform consistent with these Terms herein.
8 INTELLECTUAL PROPERTY RIGHTS
8.1 The Platform contains Intellectual Property of MATTHIAS GECHTER in the form of content, graphics, videos, audios, text and any other digital content (“Platform Content”). This is an agreement for the use of Platform, and you are not granted a license to any Platform Content under this Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (vii) allow third parties to gain access to the Platform or to Platform Content in any manner other than as expressly permitted in this Terms and Conditions.
8.2 You acknowledge and agree that the Platform, the names and logos and all related product and names, design marks and slogans, and all other material comprising the Platform, are the property of the MATTHIAS GECHTER or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of MATTHIAS GECHTER. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in MATTHIAS GECHTER or its third-party suppliers, as the case may be.
8.3 You acknowledge and agree that any comments, bugs, ideas and/or reports provided to us (“Feedback”) shall be the property of MATTHIAS GECHTER and you hereby irrevocably transfer and assign to MATTHIAS GECHTER such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
8.4 It is our policy to limit access to our Platform of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your Account. If you find that anything on our Platform infringes any copyright that you own or control, please contact us using the information provided in these Terms and Conditions below.
9 VIRTUAL CURRENCY AND VIRTUAL ITEMS
The Services may offer the ability to purchase and/or earn via gameplay a limited license to use virtual currency and/or virtual items exclusively within applicable software and services provided by us. Virtual currency and/or virtual items may never be used in connection with an agreement with other individuals to wager any money or other thing of value. Such license is subject to and specifically conditioned upon your acceptance of, and compliance with our Terms and any other applicable policies or agreements. All in-game virtual currency and/or virtual items may be consumed or lost by players in the course of gameplay according to the game’s rules applicable to virtual currency and virtual items.
10 THIRD PARTY SERVICES
The Platform provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Platform. Also, Content may contain links to other websites, services, or resources on the Internet. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between us and their operators. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
11 TERMINATION
We reserve the right to terminate your access to all or any part of the Platform at any point of time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may terminate your Account if you wish to do so by placing a request on our Platform. Any such termination shall immediately revoke all licenses granted under these Terms, and you shall effective immediately be prohibited from accessing or using the Platform or Content for any reason. All fees paid hereunder are non-refundable unless otherwise explicitly specified by us, our affiliates and partners or if we are required to do so under applicable laws. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability and indemnification.
12 RELEASE
To the maximum extent permissible by applicable law, you hereby absolutely release MATTHIAS GECHTER and its affiliates as well as all other users of the Platform from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Platform, including any disputes which may arise between users and the acts or omissions of third parties.
13 WARRANTY DISCLAIMER
THE PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF PLATFORM IS AT THE USER’S SOLE RISK. THE SERVICES AND ARE PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. MATTHIAS GECHTER, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE PLATFORM ARE OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE PLATFORM IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE PLATFORM PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE PLATFORM PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE PLATFORM SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE PLATFORM.
14 INDEMNIFICATION
You acknowledge and agree that, you shall at all times defend, indemnify, and hold harmless us, our affiliates and each of our and our affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Platform; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal data; (d) infringement by you (or any third party using your Account or identity in the Platform) of any intellectual property or other rights of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defences at your expense, including reasonable attorneys’ fees incurred by us.
15 LIMITATION OF LIABILITY
THE USE OF THE PLATFORM OFFERED BY US IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE PLATFORM FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE PLATFORM, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) ANY FEES PAID BY YOU FOR USING OF PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) 0,01 USD. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. NOTHING IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.
16 GOVERNING LAW AND DISPUTE RESOLUTION
The parties agree that the validity, operation, and performance of this Agreement shall be governed by and interpreted in accordance with the laws of the Federal Republic of Germany applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts in the Federal Republic of Germany with respect to any matter or claim, suit, action or proceeding arising under or related to this Agreement.
You shall first contact our customer care team if you have any issues or claims related to the Software or the Terms. If your claim or issue (“Dispute”) cannot be resolved informally, you agree to try to settle the Dispute through mediation under arbitration laws, before resorting to arbitration. Any claims or controversies for which injunctive relief is available that cannot be resolved through mediation within 30 days shall be finally settled by the arbitration authorities of the Federal Republic of Germany. The venue of such arbitration shall be as may be mutually decided by the Parties. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.
17 CLASS ACTION WAIVER
You and we hereby expressly waive their right to bring or participate in a class-action lawsuit. The You and we agree that each may bring claims to the fullest extent legally permissible against the other only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
18 MODIFICATION
We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Platform (including but not limited to, the availability of any feature content, or database,) at any time or instance by posting a notice through the Platform . We may also do so by sending you a notice via email, via the Platform, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may if required to do so restrict your access to parts or all of the Platform without notice or liability. We endeavour to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications.
When you continue to use the Platform after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Platform going forward. Your use of the Platform is subject to the Terms of Service in effect at the time of such use.
19 MISCELLANEOUS
19.1 Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Platform. These Terms supersede all prior contemporaneous communications and proposals made (whether oral, written or electronic) between you and us with regards to the Platform. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
19.2 Relationship of the parties. You and MATTHIAS GECHTER are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms of Service, there are no third-party beneficiaries to the Terms. We do not have any special relationship you nor any fiduciary duty.
19.3 Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, pandemics, epidemics, war, terrorism, and governmental action.
19.4 Assignment. You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.
19.5 Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Terms. Notices to us shall be sent by email to TERMSANDCONDITIONSWEBSITE@BATTLELIFEONLINE.COM. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
19.6 No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
19.7 Interpretation. The headers are provided only to make this agreement easier to read and understand.
20 CONTACT
You may get in touch with us through our Platform or the address given below: Matthias Gechter c/o IP-Management #21243 Ludwig-Erhard-Str. 18 20459 Hamburg Germany TERMSANDCONDITIONSWEBSITE@BATTLELIFEONLINE.COM.