SOFTGAMES – Mobile Entertainment Services GmbH
which has its registered office at Torstrasse 33-35, 10119 Berlin, Germany, registration number HRB 105 808 B at Amtsgericht Berlin Charlottenburg (hereinafter “SOFTGAMES” or “Us” or “We”).
- I. GENERAL
- II. SERVICE ACCESS COSTS
- III. RIGHTS OF USE
- IV. CODE OF CONDUCT
- V. ADVERTISERS & THIRD-PARTY SITES
- VII. AVAILABILITY OF SERVICE
- VIII. DISCLAIMER OF WARRANTIES@
- IX. LIMITATION OF LIABILITY
- X. RIGHT OF WITHDRAWAL / REDEMPTION
- XI. MISCELLANEOUS
- XII. SEVERANCE CLAUSE
II. SERVICE ACCESS COSTS
Each user must provide, solely at its own expense, the equipment and Internet connections required to access and use the Services. For accessing the Services through wireless devices (e.g. smartphones or tablets) user’s carrier may charge additional fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Each user is solely responsible for any costs incurred to access the Websites through any wireless or other communication service.
III. RIGHTS OF USE
User may use the Services and the content (e.g. online games) offered only for personal, non-commercial purposes and not in a manner that exceeds the rights granted for use of the content. User may not use any data mining, robots, or similar data-gathering and -extraction tools on the content; frame any portion of the Services or content; or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the content without our prior written consent.
User may not circumvent any mechanisms included in the content for preventing the unauthorized reproduction or distribution of the content. Furthermore, the user is prohibited from any manner of cheating, exploiting errors or bugs, and using exploits.
IV. CODE OF CONDUCT
- Insult, libel and slander in relation to other users, SOFTGAMES employees and any third parties
- Fraudulent content
- Inciting illicit behaviour
- Coercion and personal attacks
- Provocative and aggressive utterances
- Unethical, obscene and pornographic content (pictures, avatars, descriptions made/used by the user
- Deprecating or discriminating comments
- Using vulgar language and swear words
- Publishing identities
V. ADVERTISERS & THIRD-PARTY SITES
The Services may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. SOFTGAMES distances itself explicitly from the contents of any websites to which there are direct or indirect links from SOFTGAMES Services. SOFTGAMES does not assume any responsibility for these contents and/or websites nor does SOFTGAMES endorse these third-party sites or services. The providers of the respective sites are responsible for their content. User acknowledges and agree that SOFTGAMES is not responsible or liable for any content or other materials on these third-party sites. Any dealings that user may have with advertisers found on the Websites are between user and the advertiser, and user acknowledge and agree that SOFTGAMES is not liable for any loss or claim user may have against any advertiser.
SOFTGAMES reserves the right to public availabilities or change them near-term, to limit or change the access of all services.
VIII. DISCLAIMER OF WARRANTIES
We provide the Services as is, with all faults and as available. We do not guarantee that the Services will meet each user’s requirements or will be error-free, reliable, without interruption, or available at all times. We and our suppliers make no express warranties or guarantees about the Services and are not obligated to supply any support whatsoever.
IX. LIMITATION OF LIABILITY
SOFTGAMES is not in any way responsible for any indirect, special, incidental, consequential, or exemplary damages arising from the use of, inability to use, or reliance upon the Services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. In no event shall our liability relating to the use of the Services exceed the total amount of service fees that user paid us during a one-year period for the specific service at issue.
The aforementioned limitation of liability also applies to the personal liability of staff, employees, assistants and vicarious agents of SOFTGAMES, and especially contributors, representatives, organs, shareholders of SOFTGAMES and their members.
SOFTGAMES is only liability for consultancy as far as the content of its Services is concerned.
X. RIGHT OF WITHDRAWAL / REDEMPTION
Withdrawing is possible at any time by SOFTGAMES and the user without giving any reasons. The user has got the possibility to withdraw the using of SOFTGAMES services and subscriptions by deleting his account or by stop using the Service at any time without further notice.
Legal relations between the contracting parties shall be governed by German law, excluding CISG.
XII. SEVERANCE CLAUSE
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.