Effective date: 1st March 2021
These Terms and Conditions are the legally binding terms of services (“TOS”) for all devosign OHG (“Devosign”) including Tic Tac Joy available on Apple App Store (IOS) and Google Play Store (Android), the websites including devosign.com and tictacjoy.com (collectively “Site”) and other related services (collectively “Services”). Throughout these Terms and Conditions, the terms “we”, “us”, “our”, “Tic Tac Joy” and “Tic Tac Joy” refer to Devosign which is operated from Germany.
Games comprise of our video Game softwares (“Game”), the associated media, any software associated with the online mode of the video Game, any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials developed by Devosign.
By visiting any of our websites and/ or when downloading any of our Games, you (“User”) engage in our “Services” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of our sites and games including without limitation users who are browsers, users, and/ or contributors of content.
These terms and conditions are a legally binding agreement between you and devosign OHG, a German company with business address at Hansaring 66, 50670, Cologne, Germany. The parties agree that the conditions of this Agreement shall benefit the sister, parent, subsidiary or related companies of devosign OHG.
- Game Rules. The game instructions, score rules, controls and guidelines for each game can be found inside the Game itself. These rules, rules on scores, controls and instructions form part of these terms and you accept that you will comply with them in respect of each particular game you want to access and/or play.
- Connection/Charges. It is your sole responsibility is to make arrangement for the online connection and/or mobile costs that you may incur for using and/or accessing our Services. If you are not sure what these costs would be, you can ask your mobile carrier or Internet provider before you access and/or use our Services.
- Sole discretion. We reserve the right to add/discontinue any Game or service anytime at the sole discretion and without notice.
- App/Game Updates and Functionality
From time to time, updates to the Gameshall be made available through the App Store and Play Store. Depending on the update, and whether you utilized the App Store or Play Store to download and access the Game, you may not be able to play the Game until you have installed the latest version.In addition, you acknowledge that the Game is provided over the Internet and mobile networks and so the quality and availability of the Game may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the Game. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Game, and for paying any data charges that may be charged to you by your network provider in connection with your use of the Game. The content of the games can update (i.e. shop content, levels) without users EXPLICITLY updating the game through the AppStore/Google Play.
- Store Rules
With respect to downloading the Game, you agree to comply with the App Store Rules and Play Store Rules, as applicable. You acknowledge that the availability of the Game may be dependent on the App Store or Play Store from which you receive the Game. You acknowledge these Terms are between you and devosign OHG and not with the App Store or Play Store. The App Store and Play Store are not responsible for the Game, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You acknowledge that the App Store and Play Store (and their respective subsidiaries) are third party beneficiaries to these Terms and will have the right to enforce these Terms against you.
- IAP & In-Game Currency (Virtual Goods)
- The games provided by Devosign include virtual currencies (`Virtual Money`), products or services for use with our Games (`Virtual Goods`) or paid plans (`subscriptions`) for Virtual Money and/or Virtual Goods. In order to benefit from or use Virtual Money and/or Virtual Goods in our Games, you can first have to hit a certain level or advance to a certain stage. You accept that if you have bought Virtual Money, Virtual Goods and/or Subscriptions, they have no financial value and can never be traded for real money, real goods or real services from us or anyone else. You accept that Virtual Money, Virtual Goods and/or Subscriptions are not transferable to someone else and that you will not exchange or attempt to transfer any Virtual Money, Virtual Goods and/or Subscriptions to others..
- You understand and accept that you do not have any ownership rights in any of the Virtual Goods, Virtual Money and/or Subscriptions but instead you have a restricted personal revocable license to use them-any balance of Virtual Goods and/or Virtual Money that does not represent any stored value.
- You understand and agree that all transactions of Virtual Money and/or Virtual Goods by us to you are permanent, that we will not refund or reimburse any purchase once it has been made and that active subscription cannot be canceled during the subscription period. All Virtual Money, Virtual Goods and Subscriptions prices exclude all applicable taxes and connectivity/telecom charges, unless otherwise stated. To the degree specified by law, you consent to pay all such relevant taxes and telecommunications charges in accordance with the applicable law. If you live in the European Union, you have some rights to withdraw from distance purchases; however, please note that when you purchase a Virtual Goods or Virtual Money license from us, you acknowledge and agree that we will promptly begin providing you with Virtual Goods or Virtual Money upon completion of your purchase and therefore your right of withdrawal is lost at this moment. You recognize that purchase is complete when your purchase is confirmed by our servers and that the relevant Virtual Goods and/or Virtual Money is effectively credited to your account on our servers.
- 4 You If you do not connect your game play on a computer to an account that is connected either to your social network account or to a Devosign account, we will not be able to recover any Virtual Money or other data associated with your Game Play to another device if you lose or harm that device. Additionally, on a device that is not connected in this way:
- any potential loss of Virtual Money that you purchase from us shall be transferred to you upon fulfillment of the purchase as described;
- any potential loss of Virtual Money that you obtain from us without making a purchase shall be transferred to you at the time when Virtual Money is successfully transferred to your account on our servers; and
- any risk of loss of other associated data with your Game Play.
- Virtual Goods-related data, whether bought by you using Virtual Money or otherwise credited or credited to you, is stored locally on your device and is therefore not synchronized between different devices, even if you have linked your game play on a device to an account that is linked to either your social media account or your Devosign account. Therefore, any possibility of loss of this data shall be transferred to you I in the case of Virtual Goods that you buy from us upon fulfillment of the purchase as described; and/or (ii) in other cases (including Subscriptions) at the time when the Virtual Goods are credited or granted to you..
- If you reside in the European Union, we will send you a VAT invoice if needed by law or if requested by you. You accept that these invoices could be in electronic form.
- 7 We reserve the right to manage, regulate, alter or delete any Virtual Money, Virtual Goods and/or Subscriptions without any responsibility to you at any time, but if you have an active Subscription, such changes will only take place after the end of the current Subscription period, at which time your Subscription will terminate automatically.
- We can revise the prices for Virtual Goods, Virtual Money and/or Subscriptions provided through the Services at any time, but if you have an active Subscription, such adjustments will only take place after the end of the current Subscription period when your Subscription ends automatically. We may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any time and/or limit the total amount of Virtual Money or Virtual Goods that may be kept in your account as a whole. You are only able to purchase Virtual Money and Virtual Goods from us and our approved partners through the Services and not in any other form.
- Based on your platform, any Virtual Goods, Virtual Money or Subscriptions obtained may be subject to the terms of service and user agreement of your platform provider. The rights of use for each purchase can vary from item to item. If you are uncertain about the rights of use, you can consult with your platform or our customer service team before making a purchase. Unless otherwise stated, the available content in any in-game store has the same age restriction as the game.
- In addition, if we disable or terminate your account in compliance with these terms, you will lose any Virtual Money, Virtual Goods and/or Active Subscriptions that you may have and we will not reimburse you for this loss or make any refund to you. If you have an active subscription at the end date of termination, it will not be automatically renewed at the end of the current subscription term..
- The cost for any individual item you can buy through our Website shall be as specified on our Website at the time you place the order, except in the case of a manifest error. The cost is inclusive of all sales taxes and other costs. Based on which bank you use, additional charges can be imposed by your bank; we have no control over this and are not responsible for the same. If you are unsure if you will be subject to such additional charges, please check with your bank before purchasing via our website. We accept payment by credit card, debit card, carrier billing and Paypal through our payment processing partners only. Our payment processing partners can have their own terms and conditions and you should ensure that you agree with them before making any payment. If your transaction with our payment processing partners is not effective, your order will not be completed. Upon completion of a successful payment process, your purchase will be completed as soon as possible-we will endeavor to comply with your order promptly at the point of purchase.
- Subscription fees will be charged to your account at the time of purchase, and renewals will be made within 24 hours before the expiry of the existing subscription period. Your subscription will automatically be renewed on a monthly basis until you turn off auto-renew via your platform settings at least 24 hours before the end of the current subscription term. Your subscription is connected to your platform account and cannot be moved between your platform accounts. You accept that the sale of subscriptions to you by us is final and that cancelation is not allowed during the active subscription term.
- You accept that once Virtual Money has been purchased, it has no monetary value and can never be traded by us or anyone else for real money, real goods or real services. You accept that Virtual Money is not transferable to someone else and you will not transfer or try to transfer any Virtual Money to someone else..
- You accept that all sales of Virtual Money and/or Virtual Goods made by us to you are irreversible, and we will not refund any transaction after it has been made. All Virtual Money prices exclude all relevant taxes and telecommunications costs, unless otherwise stated. To the degree specified by law, you consent to pay all such relevant taxes and telecommunications charges in accordance with the applicable law.
We reserve the right to control, regulate, change or remove any Virtual Money without any liability to you at any time.
- Permitted use
You agree to use the Site, Game and the Services only for purposes that are permitted by these Terms and Conditions and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.
You will not (and will not attempt to):
- Use the Services for any illegal or unlawful purpose;
- Access any of the Services by any means other than through the interface that is provided by us;
- Gain unauthorized access to our computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Services, our networks, and computer systems;
- Access any of the the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
- Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
- Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Services for any purpose except those permitted; and
- Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by us in a way that is likely or intended to confuse the owner or authorised user of such marks, names or logos.
- Limited License
We grant you a limited license to use the Services for personal non-commercial use only. You may not: (a) resell or make any commercial use of this Site and the Game or any of the contents of our Services; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of the Services not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of the Services in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Services or to collect any information from the Site, Game or any other user.
Your use of this Site and the Game is at your own risk. You agree that you will be personally responsible for your use of this Site and the Game. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to our Services on a temporary or permanent basis and any decision to do so is final.
- Accounts, Registrations, and Passwords
- You are primarily responsible for protecting your account and password(s) and limiting access to your device and mobile/tablet. If you open an account, register or otherwise provide us with any details, you agree to provide us with up-to-date, full and correct information as requested in any form. We are not responsible for any mistakes or delays in responding to any inquiries or requests arising out of any incorrect, inaccurate or incorrect details submitted by you or any technological issues outside our control. Different profiles of the same person are not included in the Game.
- We believe that someone who logs in to your account using your login information is either you or someone who logs in with your consent. If you do not keep your login details private, or if you share your login details or account with someone else (whether knowingly or unintentionally), you take full responsibility for the consequences of this (including any fraudulent purchases) and consent to fully pay us for any losses or damages that may arise.
- We will not be liable to you for any loss you have suffered as a result of unauthorized access to your account and/or use of our Services, and we will not be liable for any loss or damage arising from its unauthorized use, whether fraudulent or otherwise.
- We reserve the right to revoke your account if you do not conduct any action on your account for 180 days or longer. In such a case, you can no longer be allowed to access and/or use any Virtual Money and/or Virtual Goods (as mentioned below) associated with that account, and no refund will be given in respect of the same.
- You fully acknowledge and admit that if you make your account deletion or if we delete your account in compliance with these terms, you may lose access to any information/data previously associated with your account (including, but not limited to, your progression through our Games and/or the amount or ranking you have achieved in our Games and any Virtual Money or Virtual Goods associated with the account).
- YOU UNDERSTAND AND ACCEPT THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
Your account is personal to you and you are not entitled to transfer your account to any other person.
- Intellectual Property Rights
Do not use TIC TAC JOY, TIC TAC JOY, or any other names of any Services or other devosign OHG names or logos or trademarks for any unauthorized purposes.
Your use of our Site, Game and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site and Game. All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on the Site and the Game, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only for promoting our products/services on blogs, social media and video sharing platforms. If you want to use for any other purpose, you may only use with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at firstname.lastname@example.org
In addition to the intellectual property rights mentioned above, `Content` is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site and Game.
YOU UNDERSTAND AND ACCEPT THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS, ANY VIRTUAL MONEY OR VIRTUAL GOODS. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
- User uploaded content
- When you, the user, upload any content on the Site/Game, you:
- represent that you are absolutely entitled to do so;
- grant us and our community companies the right to modify, adapt, publish and use your entry and any derivative works that we can build from it, in any and all media (whether it exists now or in the future) for any reason, in perpetuity, without any payment to you;
- accept that you will have `moral rights` in the Content, such as the right to be named as the author/creator of your content and the right not to have work subject to degrading treatment. You consent to waive all other moral rights that you might have in the Content;
- accept that we have no duty to control or defend your rights in any Content that you may send to us, but you do grant us the right to enforce your rights in that Content if we wish to do so.
- You will not copy, upload, make available to the public or create any derivative works from any Content belonging to any other user of our Services. If you believe that someone else has violated your intellectual property rights over the Internet, you should contact us by e-mailing the following details to email@example.com:
- a specification of intellectual property rights and a clarification of how they have been violated;
- a description of where the violating material/content is located;
- your address, phone number and email address;
- a statement made by you under penalty of perjury that I you have a good faith belief that the disputed use of material in which you own intellectual property rights is not authentic;
- Monitoring Activity
We have no obligation to monitor this Site and the Game or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you.
- User Interactions
- You must follow the laws/regulations that apply to you at the place from which you use our Services. If any laws applicable to you prevents or forbids you from using our Services, you must comply with certain legal requirements or, where applicable, avoid accessing and/or using our Services. You guarantee that all information you submit about accessing and/or using our Services is and will remain valid, reliable and complete at all times.
- Any Information, documents, software, sound, images, graphics, videos, messages, tags or other materials may be sent, posted, communicated, distributed or otherwise made accessible to you or another user via our Services (`Content`). You accept and acknowledge that any Content that might be sent to you while you use our Services, whether publicly shared or privately posted, is the sole responsibility of the individual sending the Content. This ensures that you, not us, are solely responsible for any content that you may upload, connect, distribute or otherwise make accessible through our Services. You agree not to access, contact, distribute or otherwise make available any Information or to use the Services in any manner whatsoever:
- that is or could reasonably be regarded as illegal, disruptive, harassing, defamatory, libelous, indecent or otherwise objectionable;
- that is or or could reasonably be regarded as illegal, disruptive, harassing, defamatory, libelous, indecent or otherwise objectionable;
- which you do not have the right to make legally accessible (such as inside information, information that belongs to someone else or confidential information);
- infringing the intellectual property rights or other exclusive rights to others;
- which consists of any unsolicited or unwanted ads, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other type of solicitation;
- Includes software viruses or any other programming code, files or programs intended to disrupt, destroy or restrict the capabilities of any computer software or hardware or communications devices;.
You agree that you will not:
- use our Services to harm others or to offend or threaten/harrass another individual; • build more than one account per website to access our Services; • use the email address of another person or entity to sign up to use our Services;
- use our Services for dishonest/deceptive/illegal or coercive reasons (including, without restriction, by using our Services to impersonate another person or entity, or else to misinterpret your association with a person, entity or our Services);
- Disguising, anonymizing or hiding your IP address or the origins of any content that you can upload;
- use our Services for any commercial or corporate purpose or for the benefit of any third party or for the purpose of sending unsolicited communications;
- delete or change any proprietary notes or other proprietary material from our Games or any other aspect of our Services;
- conflict with or delay our Services or servers or networks providing our Services;
- To try to decompile, reverse engineer, disassemble or hack either of our Services or to defeat or overcome any of our encryption mechanisms or security measures or data transmitted, handled or stored by us;
- harvest, scrape, or collect information about or from other people using our Services, including but not limited to any personal data or information (even by uploading something that collects information, including but not limited to `pixel tags` cookies, graphics interchange formats (gifs) or similar items that are sometimes referred to as `spyware` or `pcms` (passive tags)
- sell, convert or attempt to sell or move an account with us or some part of an account, Virtual Money and/or Virtual Goods;
- interrupt the regular flow of a Game or otherwise behave in a way that is likely to adversely impact the willingness of other players to participate equally as they play our Games or engage in real-time exchanges;
- disobey any criteria or legislation of any network linked to our Services;
- use our Services in excess of every relevant statute or regulation;
- use our Services to deceive or devise or aid in cheating (for example, by using electronic means or software from third parties), or otherwise bypass technical controls intended to control access to, or elements of, our Services, or to do something else that a rational individual is likely to think is not within the spirit of fair play or these terms;
- use our Services in any other manner that is not permitted by these terms.
- If you are aware that someone else does not agree with any of these conditions, immediately ask us here: firstname.lastname@example.org..
- We do not monitor other people`s content uploaded on our Services and thus do not guarantee the authenticity, fairness or consistency of such Content. You recognize that when you use our Services, you will be exposed to Content that you may consider disturbing, indecent or objectionable. In no conditions shall we be responsible for any Content, including, but not limited to, any mistake or omission of any Content, or any loss or damage of any nature arising from the use of any Content uploaded, emailed, distributed or otherwise made available through our Services. We reserve the power to delete uploaded Content from our Services if we determine, at our absolute discretion, that it results in or out of a violation of some aspect of these Terms or that it might mislead us or our Services. However, you agree that we do not regularly monitor the content contributed by users who use our Services, and that we do not undertake to do so..
- You are entirely responsible for the interaction with other users of our Services. You accept that you would not hold Devosign responsible for any harm or damage arising out of the Content (your or any user`s) including without restriction in view of any claims of information in relation, harassment or misleading claims..
- Playing with other users
When playing one of our game with other users, you may be able to:
- May choose to play against another user or play social games with another user that Devosign chooses for you, or
- Play against, or play with, one of your contacts on a website or social network that you have allowed our Games to communicate with.
- Any of our Games will also encourage you to check for your friends (e.g. email address) to find them to compete against or play social games. We will also list the names of your past opponents to make it easy for you to find them to play again.
- If Devosign chooses another user or competitor for you, or groups you with other users for a game mode, we can either pick randomly or use the parameters we see fit to make such choices (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).
- Through downloading and/or playing our Games, you accept that your show name, ratings, avatar, country location, online/offline status and other similar information can be shown in any and all media (whether it exists now or in the future) for any reason, in perpetuity, without any cost to you, including (without limitation) to other users in our games or in our marketing. You also understand and accept that other users will be able to reach you by looking for your email address. Please notice that we can only publicly view your display name and not your e-mail address; another person must already know your e-mail address in order to check for you.
- About Video/Chat features
Our game may have features that will allow you to engage in text and/or video chat with other users. You will be able to: engage in text chats with other players, send messages to Devosign Customer Service or publicly on our forums;
- Participate in a video chat with your contacts on a website or social network that has enabled our Games to connect with;
- Invite your personal contacts to enter a video chat with you using the Games functionality (which may, for example, use third party messaging functionality available on your mobile device such as SMS, WhatsApp, email or other communication Apps). You must only invite those who have chosen to accept such an invitation from you and who do not deem such messages to be unwelcome or unsolicited.
- Service Availability
- United States: We do not commit that all of our Services will be available at all moment or for all time, or that we will continue to provide all or any of our Services for any period of time. We can alter and upgrade our Services without notice. We offer no guarantee or representation as to the availability of our Services and reserve the right to change or discontinue the Services at our absolute discretion without warning, including, for example, the cessation of a Game or other Service for economic reasons due to a small number of consumers continuing to make use of that Game or other Service over time, for technical reasons (such as technical difficulties) NOTWITHSTANDING IMPORTANT TO THE CONTRARY, YOU ACCEPT AND CONSENT THAT ANY OR MORE OF OUR SERVICES CAN BE DISCONTINUED ON THE GLOBE OR IN THE PORTION ON THE ABSOLUTE DISCRETION WITHOUT WARNING TO YOU. YOU ASSUME ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
- Outside United States: We do not promise that all of our Services will be available or error-free at any moment or at any time. We will offer our Services in compliance with the requirements imposed by law. In particular, with regard only to any Virtual Money and/or Virtual Goods or any other component of our Services that have been paid for with real money, we warrant that they will substantially conform with the definition given at the point of purchase and that they will be of acceptable standard (in addition any related services provided through them will be provided with reasonable care and skill). We can alter and upgrade our Services in full or in part without warning (provided always that any such changes do not result in material degradation in the functionality of any part of the Services which has been paid-for with real money). We do not make any warranties or statements about the availability of the Services offered free of charge (i.e. not paid for with actual money) and we reserve the right to change or discontinue them at our own discretion without warning to you, including, for example, for economic purposes, due to a small number of customers continuing to make use of them over time, for technical reasons (e.g. We are not liable or liable for any loss or omission in the execution of any of our commitments arising out of circumstances outside our proper control. If such conditions result in material deterioration of the functionality of the Services, any commitment you will have to render to download, use or use the Services will be suspended for the remainder of that time. We are entitled, on due notice to you, to change or discontinue the Services or any part thereof that is paid for with real money at our absolute discretion.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, devosign OHG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE, GAME AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THERE MAY BE TIMES WHEN OUR SERVICES OR ANY PART OF THEM ARE NOT AVAILABLE FOR TECHNICAL OR MAINTENANCE RELATED REASONS, WHETHER ON A SCHEDULED OR UNSCHEDULED BASIS. THE SITE AND GAME AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE AND GAMEIS AT YOUR OWN RISK.
- Limitation of Liability – Users from the United States
You accept and acknowledge that in no case will we be liable to you or any third party for any loss of profits, incidental, consequential, punitive, special or indirect damages arising out of or in conjunction with the Site and Game or the Terms and Conditions, whether or not the claims for such damages are based on contract, tort, strict liability or otherwise. This limitation of liability involves, but is not limited to, any I mistake, error or imprecision of any Content or any loss or harm of any sort caused by you as a result of the use of or reliance on the Content; (ii) transmission of any bugs, viruses, Trojan horses or the like that may infect your devices, malfunction of mechanical or electronic equipment; (iii) unauthorized access. You consent to use the Game and/or other Third Party Sites at your own risk. You also understand and accept that we are not responsible or liable for your illegitimate, illegal or inappropriate use of the information sent, tracked, processed or received via the Game.
- Limitation of Liability – Users outside the United States
10.1 We take responsibility for death or personal injuries as a result of our negligence or that of our staff or agents, and for loss or damage as a result of fraud by us or our agents, or for any other liability which may not be excluded by law.
10.2 We are not responsible for:
- losses or harm not caused by our breach of these terms or negligence;
- losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
- any damage that may be caused to any device on which you access or use any of our Games or other Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Games or other Services;
- any increase in loss or damage resulting from breach by you of any of these terms and conditions; or
- technical failures or the lack of availability of any of our Services where these are not within our reasonable control.
For any loss or damage in any 12-month period, we shall only be liable for any loss or damage that is reasonably probable as a result of our negligence or infringement of these terms and conditions up to the sum paid to us by you in the 100-day period ended on the date of your claim. Losses and harm are foreseeable only where these terms and conditions may be regarded by you and us at the moment you commit to them. We do not offer any guarantee, express or implied, with respect to our Services and you agree that your sole right to any issues or disappointment with any of our Services is to discontinue your use of our Services.
Any special legal protections that you may have as a consumer shall remain unaffected by these terms and conditions.
- Third Party
We make no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third party Web sites and services accessible via hyperlink or Web sites linDevosign to the Site/Game if any. Such Third party services are not under our control and we are not responsible for the content of any thirdparty, linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate through our platform.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of our Services, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.
You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
- Dispute Resolution & Governing Laws
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us before commencing arbitration or litigation. Most concerns can be solved quickly by contacting us at email@example.com.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Germany and you hereby submit to the exclusive jurisdiction of the German courts.
- Privacy & Cookies
We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website or the Game by referring to the `Effective Date of Current Policy` date at the top of this page. Your use of our Site and Game constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.
If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.
We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.
- Force Majeure
We are not liable for any delays caused by circumstances beyond our control, e.g. general labour dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power, communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above.
- Entire Agreement
These Terms and Conditions set forth the entire understanding and agreement between you and usconcerning the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site and Game.
- Violation and Termination
Any conduct that in any way violates these Terms or any posted restrictions or guidelines may result, in our sole discretion, in the termination of your license and right to utilize the Services to access Content/Services or for any other purpose, and/or our pursuit of any legal damages or remedies. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to protect the Sites, the Game, the Services, the Content, devosign OHG, its Affiliates, Licensors, members, employees, agents and/or visitors; to comply with applicable laws; or to prevent unauthorized access or use of the Services or the Content. We retain the right to deny access to the Services, in our sole discretion, to any visitor/user for any reason, including for any violation of these Terms.
- Contact Us
For any questions, complaints, and queries or to report any violations, kindly get in touch: