GameDuell (GD) General Terms and Conditions of GameDuell

I. Validity and Amendment of the General Terms and Conditions

These General Terms and Conditions ("GTC") apply to the offer, provision, and use of services and applications offered by GameDuell GmbH ("GD") (hereinafter referred to as "Service", "Services", or "Offer"). GD provides its services in this regard exclusively in accordance with these GTC.

GD is entitled to change these GTC with effect for the future, in particular due to new technical developments, changes in jurisdiction and/or other equivalent reasons. The users will be informed about such changes by a notice in the login area or by e-mail with a notice period of six weeks. If a user does not object to the announced changes within the specified period, his consent to the amended terms and conditions shall be deemed granted upon expiry of the period. If the user objects, GD expressly reserves the right to terminate the user agreement. GD will specifically point out the possibility of objection and the respective legal consequences of an omitted as well as an effectively declared objection in the notification. The respective current version of these GTC can be viewed by clicking on the hypertext link "General Terms and Conditions" on the description page of the respective app store, or in the footer of the Facebook app.

II. Use of services and user account

1. There is no entitlement to use the GD services. GD reserves the right to deny access to GD websites or services at its own discretion and without giving reason. This applies in particular, but not exclusively, in cases of a breach of these GTC.

2. The GD offer is exclusively aimed at persons aged 16 years or older. If You are between 16 and 18 years of age, You are only entitled to use the services of GD if your legal guardians have consented to the conclusion of the corresponding contract of use including the validity of these GTC.

3. If You are required to create a user account in order to use a (subscription-based) service, You are ensuring that all information You submit during the registration process is complete and accurate (including, but not limited to, your billing and payment information, such as account number, credit card number and expiry date). Subscription-based services are subject to the terms and conditions in effect and posted at the time of use, including, but not limited to, the prices payable for such a subscription.

4. If You are asked to choose a user/account name in order to use the services, You may not use a user name that...

• is already in use by another person,
• is considered by GD to be vulgar or otherwise offensive or abusive,
• infringes the trademark or other intellectual property rights or personal rights of any third party
• is used in a manner that otherwise violates these terms and conditions.

5. You are responsible for maintaining the confidentiality of your access data (user name and password) and your user account, i.e. in particular the related data and information and content stored therein, as well as its use. You are obliged to inform GD immediately of any unauthorised use or takeover of your user account or your access data as well as of any concrete significant risk that such unauthorised use or takeover could occur.

You are not permitted to allow third parties to access GD's services using your access data or user account, nor are You permitted to use GD's services via third party user accounts or using third party account data.

GD shall not be liable for any losses incurred by You as a result of third parties using your access data or user account with or without your knowledge, unless GD can be accused of intent or gross negligence with regard to the occurrence of such losses. However, You will be liable for any loss suffered by GD or any third party as a result of your breach of your obligations to maintain the confidentiality and protection of your access data and user account or to report any unauthorised use or takeover of your access data or user account or as a result of your allowing any third party to use your access data or user account.

6. Where the services use the account management of a social network (e.g. Facebook), You are responsible for maintaining the confidentiality of your access data to and your user account on the social network and to that extent are responsible for all activities that take place using your access data or by means of your user account.

III. Virtual currencies and goods

1. The Services may offer for purchase various virtual currency ("virtual currency/currencies") and virtual goods ("virtual goods") for use in the relevant Service, including but not limited to "coins" or "cash" which may be purchased from GD against payment of "real" money if You are of legal age in your country of residence. Regardless of the terminology used, virtual currencies and virtual goods can never be exchanged for real cash, goods or other items of monetary value from GD or third parties.

2. GD reserves the right to change the virtual currencies and virtual goods or (other) features within the Services at any time. The prices for the purchase of virtual goods and the virtual exchange rates for the purchase of virtual currencies and virtual goods may be changed by GD in any way and at any time at its own discretion. In this respect, the price or exchange rate for the virtual goods and virtual currencies applicable and announced at the time of purchase shall be decisive.

3. YOUR PURCHASE OF VIRTUAL CURRENCIES OR VIRTUAL GOODS IS IRREVOCABLE AND VIRTUAL CURRENCIES AND GOODS PURCHASED ARE NOT REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE UNDER ANY CIRCUMSTANCES. VIRTUAL CURRENCIES AND VIRTUAL GOODS ARE ONLY FUNCTIONS WITHIN THE RELEVANT SERVICE. IN THE EVENT OF CANCELLATION OR OTHER TERMINATION OF THE USER AGREEMENT FOR ANY REASON WHATSOEVER OR DISCONTINUATION OF THE SERVICES, ALL VIRTUAL CURRENCIES AND GOODS PLAYED OR ACQUIRED BY YOU WILL BE FORFEITED WITHOUT REPLACEMENT OR COMPENSATION. REGARDLESS OF THE CONSIDERATION OFFERED OR PROVIDED FOR THE PURCHASE OF VIRTUAL CURRENCIES AND GOODS, YOU SHALL NOT ACQUIRE ANY OWNERSHIP OR OTHER EXCLUSIVE RIGHTS IN THE VIRTUAL CURRENCIES AND GOODS BEYOND THE RIGHT TO USE THEM AS AGREED AND PROVIDED FOR WITHIN THE RELEVANT SERVICE.

GD shall not be obliged to compensate You for the loss of any virtual currencies or goods to the extent that You have breached these GTC.

4. The transfer of virtual currencies and goods to third parties is prohibited unless GD expressly agrees to it within the framework of the Service. Outside of the service, You are not permitted to buy or sell or otherwise exchange or trade virtual currencies or goods for real-world currency. Any attempt to do so is in breach of these GTC. In the event of a breach of this prohibition or in the event of an attempt to do so, GD shall be entitled to exclude You from using GD's services for life. GD reserves the right to take further legal action and to claim injunctive relief and damages.

GD shall have the absolute right to manage, regulate, control, generally modify and/or eliminate the virtual currency and/or virtual goods at its own discretion and shall not be liable to You or any third party for the exercise of such rights.

6. Payments are processed via the corresponding procedures of the respective app stores.

IV. User-generated content

1. The services may include email services, chat areas, news groups, forums, communities, photo albums, archives and/or other messaging or communication facilities or services that enable You to communicate with other users (the "Communication Services"). You agree to use the communication services only to send, receive and make available messages and materials that are reasonable within the meaning of paragraph 5 of this provision. GD has no obligation to monitor or moderate the communication services generally, without specific cause.

You are expressly requested to report any use of the communication services by other users that is not appropriate within the meaning of these rules to GD so that GD can take the necessary and appropriate steps.

2. GD reserves the right to review messages and content posted to the communication services by users and to remove any messages or content at any time without notice in its sole discretion. GD reserves the right to terminate or block your access to any or all of the communication services at any time without notice and without giving any reason, or to terminate your access to or use of these services for inappropriate use of them.

3. Statements made by users via these communication services solely reflect the opinion of the respective author. GD is not responsible for the content of any communication or any content that You or any other user transmits or makes available to other users through the communication services. GD shall not be liable for any communications or actions of users on these communication services, or any civil or criminal claims by users against each other or any third party arising out of your participation in the communication services. Managers and moderators of communication services are not authorised representatives of GD.

4. You acknowledge and agree that your communications with other users through the communication services hereunder are public and not private, and that You have no expectation of privacy with respect to your use of such communication services. GD expressly advises You that any personal data and information You disclose or make available to other users through the communication services may be accessed by, and may be used by, other users of the communication services; we therefore strongly recommend that You do not disclose any personal information or personal data about yourself on the communication services.

GD reserves the right at all times to disclose any information or content located on the communication services as GD deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such information or content, in whole or in part, in its sole discretion, consistent with the legitimate privacy interests of the user involved.

5. Appropriate content of messages and materials in the communication services

For the purposes of the foregoing, You agree that You will not use the services and, if applicable, any related communication services for the following purposes or with the following content:

• Use in connection with surveys, contests, pyramid schemes, advertising, chain letters, junk e-mail, spam/other duplicative or unsolicited messages (commercial or otherwise)
• Defamation, abuse, harassment, stalking, threatening or otherwise violating the legal rights (in particular personal rights) of others.
• Harmful, abusive, vulgar, pornographic, sexually explicit, defamatory, libellous, obscene, infringing, embarrassing, racist, hateful, derogatory of another's religious beliefs, ethnically or, in the opinion of a reasonable person, otherwise objectionable, offensive or objectionable content.
• Content or information, including images or photographs, that infringe the copyright, trademark, patent, trade secret or other rights of any user or third party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or other similar software or programs that may damage the operation of the services or other users' terminal equipment or software installed thereon.
• Unless expressly permitted by GD, advertise or offer to buy or sell any goods or services.
• Falsifying, deleting or deactivating any proprietary notices or indications of authorisation or ownership, such as author attributions, legal notices or proprietary designations, or identifying the origin or source of software or other data and content contained in an uploaded file.
• To restrict or hinder other users in their use of the services; for example, disrupting the flow of chat in chat rooms by using vulgar language, abusive language, repeatedly pressing the Enter key, inserting images that are too large so that it is not possible to read the text on the screen,
• To collect personal data of other users,
• To violate any applicable laws or regulations or to promote or encourage illegal activities, including but not limited to hacking, cracking or distribution of counterfeit software, or cheats or hacks for services or software.
• To impersonate any other person or impersonate any false identity (e.g., a celebrity or GD representative).
• To create, use, download or otherwise copy directories of users or user or usage information
• To attempt to obtain login credentials, other account information or other private information of another user.
• To abuse the in-game support or complaint button or make false reports to GD administrators.
• To use, develop or distribute "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications.
• To use a bulletin board or the communication service in any manner other than for personal communication as an individual, private user (i.e., not as a business or other entity).
• To use the services for fraudulent transactions, including, without limitation, virtual in-game transactions.
• To sell, purchase or transfer access to your user account.
• To disseminate or publicly communicate game errors, mistakes or bugs within the services.

GD is entitled to remove content that violates these provisions or is objectionable in any other way.

V. Copyright

The Services, including but not limited to all software, games, logos, graphics, animations, characters, music and other content contained therein or used to provide the Services, contain copyrighted content, trademarks and other proprietary information (including but not limited to images, photographs, animations, video, audio, music, text and "applets" incorporated into the software and character data). The entire content of the Service and each area contained therein is copyright protected as a collective work under German law. You acknowledge that GD and/or its licensors own and retain all right, title and interest, including copyright and other intellectual property rights, in and to the Content posted by GD on the Service and any derivative works thereof, and that by accessing such Content You do not acquire any such copyright or proprietary rights or any right in such Content beyond a simple authorization to use it as agreed.

You do not acquire any of the foregoing rights by using the Service, downloading or uploading Content from the Service, or acquiring virtual currency and goods, and You agree not to reproduce, redistribute, publish or otherwise exploit any Content from the Service without the express prior written consent of GD, except as expressly permitted.

Any feedback, comments, ideas, or other submissions ("Ideas") posted, transmitted, or offered to GD by users in connection with their use of the Service are the exclusive property of GD. You agree, to the fullest extent permitted by law, that GD may use, exploit and disclose the Ideas in any manner, without limitation or compensation to You.

VI. Termination of the Contract of Use, Cancellation

The contractual relationship concluded between You and GD concerning the use of the Services, your user account or agreed subscription may be terminated by either party at any time without giving reasons. After termination, your authorization to use the agreed services, virtual currencies and virtual goods within the service ends. In case of violation of these GTC, GD is also entitled to suspend your use of the Services at any time.

You may terminate the User Agreement, your account or the agreed subscription for a Service at any time by following the procedure provided for that purpose in the relevant Service.

GD reserves the right to impose any fees, surcharges or charges incurred prior to or as a result of your termination even after either party has given notice of termination. If your account or a particular subscription is terminated by You or cancelled by GD for reasons for which You are responsible, there will be no refund of any payments made by You for services You have not yet used or any refund or credit for any virtual currency or goods purchased by You within the Services; no online time or other credits or game items (e.g., points in an online game) will be credited to You or converted into cash or any other form of refund in such cases.

FOR CLARIFICATION: THE SUSPENSION OR CANCELLATION OF YOUR USER AGREEMENT, GD USER ACCOUNT/YOUR GD SUBSCRIPTION(S) SHALL NOT AFFECT YOUR USER ACCOUNTS ON SOCIAL NETWORKS.

VII. Exclusion of warranty and limitations of liability

GD shall be liable, irrespective of the legal grounds, within the framework of the statutory provisions only in accordance with the following provisions:

1. GD shall be liable without limitation for damages arising from injury to life, body or health as well as for damages based on intent or gross negligence on the part of GD or one of its legal representatives or vicarious agents, as well as for damages due to non-compliance with a guarantee or warranted characteristic given by GD or due to fraudulently concealed defects.

2. GD shall be liable, limited to the compensation of the foreseeable damage typical for the contract, for such damages which are based on a slightly negligent breach of essential contractual obligations by GD or one of its legal representatives or vicarious agents. Material contractual obligations are obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely. GD shall not be liable for other cases of slightly negligent conduct.

3. GD shall not be liable for damages or the loss of virtual currencies and goods on/in your user account which occur as a result of targeted attacks by information technology means on your end devices (computer, tablet, smartphone, console, etc.) used to use the services or on the services of GD with the aim of impairing the affected systems in whole or in part ("cyber attacks").

4. Liability for consequential and indirect damages is excluded.

5. The provisions of the Product Liability Act shall remain unaffected.

6. The provisions of VII. 1.-4. shall also apply to the personal liability of GD's employees, representatives, organs and vicarious agents. In the event of the assumption of express guarantees by GD and in the event of mandatory statutory regulations, the aforementioned liability exclusions and limitations shall not apply.

7. You hereby acknowledge that 100% availability of the services is not feasible in IT terms, if only as a result of the necessary use of third party service providers and intermediaries. GD therefore does not guarantee permanent, uninterrupted availability of its services.  Maintenance work will be carried out outside normal business hours (CET), where possible and reasonable.

8. GD shall not be liable for the functioning of the Internet and your Internet access or their capacity issues and other circumstances and events that are not within the control of GD. To this extent, this also includes the functionality and effectiveness of third-party technologies used as agreed, insofar as GD is not responsible for defects and breaches of duty in this respect in accordance with these GTC.

9. GD shall nevertheless take the reasonable, technically possible and state of the art measures which are reasonable in relation to the effort required for the availability of the services and the services and functions offered therein. GD shall provide its services in accordance with the respective current state of the art, taking into account an economically reasonable effort. GD is entitled under this provision to adapt its services at any time with regard to the technology used, insofar as this is reasonable for the respective users.

The backup of your data is your sole responsibility; You must counteract the risk of data loss in the event of and as a result of system failures by regularly backing up your own data.

VIII. Third Party Links

GD's apps and websites contain links to other apps and websites and may redirect You to other websites within the same Internet browser window. These websites are not under the control of GD, and the existence of a link on the Website does not imply any affiliation between GD and the operators of the linked websites, or any endorsement or approval by GD of such websites or the information and content made available thereon. GD makes no warranties or representations regarding the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, visibility, correctness, timeliness, decency, or any other aspect of the linked websites. You agree that GD has no responsibility to You with respect to such content. GD encourages You to read and review the privacy policies and/or terms of use of any third party websites.

IX. No Waiver of Rights.

GD's failure to require or enforce strict performance by You of any duty owed to You under these GTC or to exercise any right under them shall not constitute a waiver or relinquishment of GD's right to enforce or rely on any such provision or right in this or any other instance.

X. Privacy

For information on how GD ensures the protection of personal data, please refer to GD's Privacy Policy.

XI. Applicable law, jurisdiction, final provisions

1. These GTC are covered by the laws of the Federal Republic of Germany. If you are a consumer and you have your habitual residence outside the Federal Republic of Germany, your mandatory rights pursuant to the law of your residence shall remain unaffected.

Any dispute will be submitted to the Courts of Berlin, Germany. However, you can claim your rights as a consumer in relation to these GTC also in your place and State of residence.

2. GD is entitled to transfer its rights and obligations as provider of the services in whole or in part to a third party with a notice period of 2 weeks.

Should provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by statutory law. This applies accordingly in the event of a loophole.

Note for Consumers

We would like to point out that the GD service is offered by

GameDuell GmbH,

Taubenstr. 24-25

10117 Berlin

For customer service, please send an e-mail to: 

kontakt-maumau@maumau-treff.de

Dispute resolution proceedings before a consumer arbitration board / Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/. Participation in this or other dispute resolution procedures before a consumer arbitration board is not obligatory for GD. Even if GD therefore does not participate in such dispute resolution procedures, our customer service will continue to competently help You with problems:  kontakt-maumau@maumau-treff.de.