OF 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.
By using SOFTGAMES Services we may save user’s mobile phone number, email address, age, gender, location, country and optional information given by the user as well as IP-Addresses and IP-related usage periods and usage types will be saved, especially (but not only) to reconstruct problems, the user got using SOFTGAMES Services.
What are known as “cookies” (session IDs) are also used. A cookie is a small file which asks permission to be placed on users computer’s hard drive. Once a user agrees, the file is added and the cookie helps analyse web traffic or lets us know when a user visit a particular site. Cookies allow web applications to respond to users as an individual. The web application can tailor its operations to users’ needs, likes and dislikes by gathering and remembering information about users preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide users with a better website by enabling us to monitor which pages users find useful and which they do not. A cookie in no way gives us access to a user’s computer or any information about them, other than the data a users choose to share with us.
Each user can choose to accept or decline cookies. Most web browsers automatically accept cookies, but users can usually modify their browser setting to decline cookies if they prefer. This may prevent users from taking full advantage of the website. SOFTGAMES reserves the right to use saved data to send out SOFTGAMES native promotional / product information by eMail, SMS or MMS. We never sell or hire out the user’s personal data to third parties for marketing purposes.
The user got the right to withdraw the collection and saving of his data by sending an email to email@example.com
We use standard security practices, including encryption, passwords and physical security measures, to protect users personal data from unauthorised access and disclosure. Each user account information is stored on a secure server with firewall protection. If a user enters sensitive data (such as a credit card number), we encrypt that information using secure socket layer technology (SSL).
VII. AVAILABILITY OF SERVICE
SOFTGAMES aspires to provide its services at any time, but due to technical reasons, SOFTGAMES doesn’t assure an availability at any time.
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.