EULA

Conditions for the use of games apps supplied by

logo_app_artists_small

a division of ad-artists GmbH

 

 

1.        General matters, contract partner and object of these conditions for use 

 

1.1         app-artists is a legally dependent division or department of ad-artists GmbH. In legal terms, actions and declarations by app-artists are therefore actions and declarations by ad-artists GmbH. The contracting party for third parties is therefore also ad-artists GmbH.

 

1.2         app-artists develops and sells electronic games, above all for mobile computers such as smartphones and tablets. Sales are concluded online via various portals and shops from which the games can be downloaded as apps.

 

1.3         Where a person decides to download a game, this results in the conclusion of a contract between such person and app-artists and ad-artists GmbH respectively with regard to the mutual rights and obligations relating to this game and not to a contract between himself and the operator of the portal or shop.

 

1.4         The content of this contract is determined by these conditions for use. Deviations from these conditions for use are only valid where they have been confirmed in writing by app-artists or ad-artists GmbH respectively.

 

1.5         The provisions of these conditions for use also apply to all updates, supplements, additional services etc. to the game.

 

 

2.        A summary of very important information in advance

 

2.1         Anyone who downloads, installs or uses an app-artists game, regardless by which means or manner, declares himself to be legally in agreement with these conditions for use without any limitations and without any reservations.

 

Anyone who is not in agreement with these conditions as a whole or in part may not download, install or use the game.

 

2.2         Whoever downloads a game acquires no ownership or similar rights to such game. He rather only obtains the authorisation to use the game appropriately in accordance with these conditions for use and the prescribed game processes. He receives a licence to use the game.

 

He does not receive this authorisation or licence exclusively. app-artists rather remains entitled to grant such authorisation or licence also to others.

 

Any other or wider ranging authority than to use the game appropriately as a game shall not be granted to anyone who downloads a game. Such other or wider ranging authority and rights to and in connection with the game shall rather remain comprehensively with app-artists.

 

With regard to such person as downloads, installs or uses a game, app-artists is entitled to all rights to such game – for example copyright and other commercial protection rights.

 

 

3.        Terminology

 

3.1         In these conditions for use, “electronic game” or simply only “game” is deemed to mean not only the electronic game program or software but everything that belongs to the respective game. This includes, for example, the user and game interface including all visual – i.e. images graphics and texts – and acoustic elements and components, game figures, processes, actions, rules, instructions for use and information of all kinds that app-artists provides for the game regardless of their form and the technical method of their provision.

 

“App” and “electronic game” or “game” have the same meaning in these conditions for use. What is stated concerning “electronic game” in the previous paragraph therefore applies equally to “apps”.

 

3.2         In these conditions for use, “we” or “us” means app-artists and, because app-artists is a legally dependent division of ad-artists GmbH, ultimately means ad-artists GmbH.

 

3.3         “Consumer” or “you” in these conditions for use means such person as acquires a licence to use the game.

 

This is the person who has registered as a user of the shop or portal from which he downloads the game.

 

In this context, “consumer” in the sense of these conditions for use can, however, always only refer to a single natural person. Only such a single natural person can acquire a licence for the use of a game – no-one else.

 

Although not an exclusive list, the following are particularly excluded as “consumers” in the sense of these conditions for use: pluralities of persons regardless of their mutual affiliation in private or public legal form, foundations, asset pools, corporations etc.

 

3.4         “Computers” in these conditions of use means both stationary and mobile computers, i.e. especially smartphones and tablets.

 

 

4.        Change in the conditions for use

 

4.1         These conditions for use will be updated from time to time. This will be done according to requirements and therefore not at regular intervals.

 

4.2         Updated versions of the conditions for use will be published in the same manner as this version. In every game there is a link that will lead you externally to our website where you can consult the current conditions for use at any time.

Link: http://www.app-artists.com/eula

 

4.3         By using the software for more than 30 days after the publication of the updated version, you declare your agreement with the updated conditions.

 

 

5.        Data protection

 

With regard to the measures we implement to protect personal data, we refer you to our data protection regulations. You will find them here:

Link: http://www.app-artists.com/privacy

In every game there is a link that will lead you externally to our website where you can consult the current conditions for use at any time.

 

 

6.        Revocation

 

6.1         Even in case of a supply of digital content that is not stored on a physical data carrier, i.e. especially in case of a supply of software via download from the Internet, consumers are entitled to revoke their declaration to conclude the contract within a period of 14 days in writing (e.g. by letter, fax or email) without giving reasons.

 

6.2         However, such right to revocation expires with respect to a contract for the supply of digital data not stored on a physical data carrier where the entrepreneur has begun to fulfil the contract subsequent to the consumer having expressed his explicit agreement to such fulfilment and simultaneously confirmed his knowledge that he will lose his right to revocation upon the beginning of contract fulfilment.

 

When the initiated download of the game software begins, we shall begin to fulfil the contract concluded between us. You hereby explicitly agree to this.

 

At the same time, you confirm your knowledge that you will lose your right to revocation upon the beginning of the download.

 

 

7.        Usage right

 

7.1         Subject to the further provisions of these conditions for use, we grant you a simple (non-exclusive) and non-transferable right to use the game for your personal and private use, to download it for this purpose on a single computer in your ownership, to install it on this computer and use it appropriately as a game on this computer within the framework of the provisions of these conditions for use.

 

In this context, we remind you of the provision stated in paragraph 3.3: The usage right always applies only to the person who is registered with the portal or shop from which he has downloaded the game and always only to a single natural person.

 

7.2         The usage right begins upon the installation of the electronic game on your computer subject to your having paid the licence fee and your recognising of these conditions for use.

 

7.3         Any use of the game that deviates from these conditions for use requires our prior written agreement on an individual basis.

 

7.4         All rights that these conditions for use do not explicitly grant the consumer remain with us or, insofar as we are also licensees with regard to such rights, with the respective licensor.

 

 

8.        Scope of service

 

8.1         The game is provided to you for use exclusively in its respective current version.

 

8.2         You have no claim to our provision of a certain condition or range of functions in the game.

 

8.3         Equally, you have no claim to a free of charge provision of updates. This applies regardless of whether you acquired the usage licence for your first version in return for payment or free of charge.

 

8.4         Should you, for example, wish to download the game again because the game program was accidentally deleted from your computer, you can only receive the version that is current at that time and, where we do not offer it free of charge, can only  acquire it in return for payment.

 

 

9.        Editing or decompiling the game

 

9.1         You may not edit, adapt, translate or amend the game.

 

9.2         Nor may you reverse engineer, decompile or disassemble the software or otherwise try to determine the software’s source code except to such extent as you are permitted to undertake reverse engineering or decompilation in accordance with binding applicable law.

 

 

10.      Copies

 

10.1       You may only copy the game software insofar as this is absolutely necessary for the designated use of the game. Such necessary copying particularly includes the installation of the software on your computer’s mass storage device and transferring the software to your computer’s working memory (RAM).

 

10.2       Further copying of the software is not permitted. For this reason, you may not, for example, copy the game software to other computers or store it in electronic networks.

 

10.3       It is equally impermissible to copy the game and everything that is deemed as belonging to the “game” in accordance with paragraph 3.1 of these conditions for use.

 

 

11.      Passing on and distribution

 

11.1       If, and insofar as these conditions for use do not explicitly permit this, you may not rent, loan, assign or transfer the game in the sense of paragraph 3.1 of these conditions for use and all existing rights to the game either in whole or in part to third parties nor grant them any usage rights. Nor may you permit third parties to make copies of the game in whole or in part.

 

11.2       You may also not distribute the game in any other manner. For this reason, you may neither publically offer nor market the version stored on your computer’s mass storage device nor copies of this version.

 

 

12.      Public display

 

You are not permitted to display the game in public. For this reason, you are not permitted, for example, to demonstrate the game and/or make it publically perceptible or accessible, i.e. make it accessible to the public by wire-bound or wireless means in such a way that it is freely accessible to members of the public in places or at times of their choice. You may not send it wirelessly, i.e. by sound and television broadcasting, cable or satellite broadcasting or by similar technical means, make it accessible to the public, reproduce it by means of image or audio carriers nor make it publically perceptible by other means.

 

 

13.      Technical protection measures

 

You may not make any alterations to the game’s technical protection measures or bypass them, nor may you try to change or bypass them.

 

 

14.      Ownership of rights

 

Insofar as these conditions for use do not explicitly contain anything to the contrary, all rights and claims resulting from and in connection with the electronic game remain comprehensively with us.

 

This particularly but not exclusively concerns copyrights and trademark rights and all comparable protection rights and applies to the electronic game as a unit and as a whole as well as to each individual integral part and element of which it is composed or consists, regardless of whether they be integral parts or elements of a visual, acoustic, electronic or non-electronic nature, processes or conditions, (computer) codes, effects, topics, characters, character names, stories, dialogues, settings, images, graphics, sound effects, musical works etc.

 

 

15.      Access to content and/or services

 

15.1       So that you may receive content or services in connection with the game, for example additional information or updates, it may be necessary that you register as a member with us or with third parties, for example Internet portals, that you register your downloaded version of the game, that you download software, etc. and that you declare your agreement with the respective conditions of use.

 

15.2       Only a person who has a valid usage authorisation or licence for the game may acquire and/or use content or services in the sense of paragraph 15.1.

 

15.3       Third parties must not be granted access or given an opportunity to gain access to content or services in the sense of paragraph 15.1 or to use such content.

 

 

16.      Nature, defects and obligation to complain

 

16.1       Before installing the game, you must verify whether the game software is compatible with your existing computer hardware and software. It is entirely your responsibility to bring your computer into, or maintain it in, a condition that permits the use of the game. We do not provide support for configuring and installing the game software nor for such software as is possibly required to permit the game software to run on your computer.

 

16.2       You will be aware that no software can be completely error-free. This also applies to the game software.

 

For this reason, the game can only be deemed to be defective if its designated use is significantly and sustainably impaired.

 

16.3       Defects must be reported immediately after their discovery. In case of obvious defects, such complaint must be made within four weeks after downloading the game. Timely notification of complaint is sufficient for compliance with the deadline. After the expiry of the deadline, claims with regard to obvious defects are excluded. Complaints must be reported to us. For the purpose of securing evidence, we recommend that you always send complaints for defects in writing (by fax, letter or email).

 

16.4       The warranty excludes such defects as are caused by force majeure or whose cause can be allocated to your sphere of risk. Your sphere of risk includes, for example, your computer’s hardware and software, errors in operating the game software for which you are responsible, and any kind of amendment to or manipulation of the game software.

 

16.5       We provide and assume no guarantees for the game software in legal terms.

   

 

17.      Warranty

 

17.1       In case of deliberate intent or gross negligence, we are liable in accordance with the legal provisions. This also applies to claims in accordance with the product liability law, within the sphere of application of § 44a TKG (German Telemedia Act), due to the provision of a quality guarantee and due to the fraudulent concealment of defects.

 

17.2       Where the game is provided for use free of charge, liability for minor negligence is excluded.

 

Where the game has been provided for use free of charge, we are only liable for minor negligence where we have violated an essential contractual obligation. Essential contractual obligations are such obligations as are a prerequisite to the implementation of the contract and upon whose fulfilment you may depend.

 

17.3       In case of liability for violating essential contractual obligations through minor negligence, our liability is limited in each case to typical and foreseeable damage.

 

17.4       The aforementioned exclusions of and limitations on liability also apply with regard to the liability of our employees, representatives, company organs and their members as well as our vicarious agents.

 

 

18.      Contract term and termination

 

18.1       Insofar as nothing to the contrary is explicitly agreed, these conditions for use shall be agreed for an unlimited term.

 

18.2       These conditions for use and, with them, your usage right to the game in accordance with paragraph 8 shall expire automatically without the necessity for a termination on our part if you violate any of the provisions of these conditions for use and especially the provisions in paragraphs 9 to 13.

 

Regardless of the fact that the usage right expires automatically in such a case, we are entitled to terminate the usage contract without notice if you violate a provision contained in these conditions for use.

 

18.3       In case of a termination of the usage right, you are obliged to delete all physical copies of the game software permanently in such a way that you can no longer use the game.

 

 

19.      Final provisions

 

19.1       These conditions for use are a complete and correct reflection of the conditions for the use of the game.

 

19.2       Should any of the provisions contained in these conditions for use be or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with other valid provisions that most closely approximate to the desired economic purpose.

 

19.3       The laws of the Federal Republic of Germany shall apply to all rights and obligations resulting from and in connection with the contractual relationship covered by these conditions for use. UN purchasing law and conflict of laws shall not apply.

 

 

Last updated: June 2013