General Terms and Conditions

GameDuell (GD) General Terms and Conditions of GameDuell

I. Validity and Amendment of the General Terms and Conditions

These General Terms and Conditions ("Agreement") apply to the offer, provision, and use of services and applications offered by GameDuell, INC (collectively, "GD", “we”, “us” and “our”) (hereinafter referred to as "Service", "Services", or "Offer"). GD provides its Services in this regard exclusively in accordance with this Agreement. The Agreement is a legal contract between you and GD. By accessing our Services, you are agreeing to be bound by the terms of this Agreement. Please read this Agreement carefully. If you do not agree to all of the terms in this Agreement, you are not permitted to use the Services.

We reserve the right to modify this Agreement, in whole or in part, at any time. We will endeavour to notify you of any such modifications in advance of the modified Agreement taking effect. If you do not wish to agree to the terms of the modified Agreement, you may no longer be able to access the Services once the modified Agreement takes effect. We will try to inform you about this legal consequence when notifying you of the modified Agreement. By actively accepting the modified Agreement, or by continuing to use the Services after the modified Agreement becomes effective, you agree to be bound by the modified terms of this Agreement. The respective current version of this Agreement 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 reasons. This applies in particular, but not exclusively, in cases of a breach of this Agreement.

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 this Agreement.

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 ANY OTHER 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 this Agreement.

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 this Agreement. 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.

5. 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 solely responsible for the user-generated content that you create, upload, or distribute via the Services (“Your UGC”) and you hereby represent to us that Your UGC will not violate this Agreement.

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. By submitting Your UGC via the Services you grant GD a non-exclusive, royalty-free, worldwide, transferable, sublicensable license to access, use, host, cache, store, display, publish, distribute, modify, and adapt Your UGC in order to develop, research, provide, promote and improve GD´s products and services.

4. 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.

5. 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 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.

6. 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, libelous, 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. Intellectual Property

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 California law. You acknowledge that GD and/or its licensors own and retain all rights, 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.

Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services, including Virtual Items, for your personal, non-commercial enjoyment. This license is personal to you only and does not give you any ownership rights in any of the Services (including Virtual Items).

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, at our sole discretion. After termination, your authorization to use the agreed Services, virtual currencies, and virtual goods within the Service ends. In case of violation of this Agreement, GD is also entitled to suspend your use of the Services at any time. We may immediately terminate or suspend your right to access any aspect of the Services if you: breach this Agreement; use the Services, fraudulently, illegally, or in any manner other than for its intended purposes; initiate any adverse proceeding against us; or if we are under a legal obligation to do so. If we decide to terminate or suspend your right to access some or all of the Services, we will try to inform you in advance of such termination or suspension unless the action is taken under a legal obligation that does not require us to inform you or if it is not practicable for us to do so.

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 canceled 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

Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." NEITHER GD, NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES, PROMISES, OR GUARANTEES OF ANY KIND WHATSOEVER AS TO THE SOFTWARE, CONTENT, THIRD-PARTY SERVICES, OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. GD DOES NOT WARRANT THAT THE SERVICES OR THIRD-PARTY SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES. TO THE FULLEST EXTENT PERMITTED BY YOUR LOCAL LAW, GD DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING FOR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY.

Limitations of Our Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GD BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.

In the event you have any basis for recovering damages arising from the Services or a breach of this Agreement, you agree that your exclusive remedy is limited to recovery of direct damages, and the maximum liability is limited to the greater of USD 500 or the amount you have spent on the Services at issue in your claim in the 24 months preceding the date your claim arose.

The limitations and disclaimers in this Agreement do not purport to limit liability or alter your rights as a user that cannot be excluded or limited under applicable law.

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").

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.

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 this Agreement.

You agree to defend, indemnify, and hold harmless GD and its officers, directors, employees, and agents from and against any and all direct liabilities, damages, losses arising out of or in connection with: (1) your breach of this Agreement; (2) any information or content provided by you that infringes the rights of a third party when used by us in accordance with this Agreement; and (3) your unlawful acts or omissions. We can assist, at our own expense, in the defense of any matter subject to indemnification by you, and in such case, you agree to cooperate with us, and we will take reasonable steps to mitigate our losses.

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, Entire Agreement.

GD's failure to require or enforce strict performance by You of any duty owed to You under this Agreement 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.

This Agreement constitutes the entire and exclusive understanding and agreement between GD and you regarding the Services, and this Agreement supersedes and replaces all prior oral or written understandings or agreements between GD and you regarding the Services. If any provision of this Agreement is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. You may not assign or transfer this Agreement, by operation of law or otherwise, without GD’s prior written consent. Any attempt by you to assign or transfer any obligations or terms of this Agreement, without such consent, will be null. GD may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.

X. Privacy

For information on how GD ensures the protection of personal data, please refer to GD's Privacy Policy.[2] 

XI. Applicable law, jurisdiction, and Dispute Resolution

1. This Agreement and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions.

(a)        Claims or Disputes. To the extent permitted by applicable law, any claims or disputes in respect of or relating to the Services shall be filed within a period of one year from the date of the occurrence of the cause of action (in the manner agreed to in this Agreement). If a claim or dispute is not filed within one year, it is permanently barred.

(b)        Equitable Relief. You agree that we would be irreparably damaged if this Agreement was not specifically enforced. Therefore, in addition to any other remedy we may have at law, and notwithstanding our agreement to arbitrate Disputes, we are entitled without bond, other security, or proof of damages, to seek appropriate equitable remedies with respect to your violation of this Agreement in any court of competent jurisdiction.

(c)        Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and GD agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that you and GD are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.

(d)        Exceptions. As limited exceptions to Section XI(c) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

(e)        Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.

(f)         Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(g)        Injunctive and Declaratory Relief. Except as provided in Section XI(d) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(h)        Class Action Waiver. YOU AND GD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(i)         Severability. With the exception of any of the provisions in Section XI(h) of this Agreement (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of this Agreement will still apply.

Note for Consumers

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

GameDuell, INC

1156 Clement St.

San Francisco, CA 94118, USA

For customer service, please send an e-mail to: contact-us@rummy-fun.com