Terms of Use
This an agreement (“Agreement”) between you and Martin Sebastian Bartsch, residing at Hügelstrasse 9, Darmstadt, Germany, ("MSB") in connection with your use of MSB´s games, websites, discussion forums and related services ("Services").
This Agreement, as amended from time to time and published at, is supplemented by Privacy Policy (published at Privacy Policy , which is incorporated by reference.
Please note that: As a precondition for you using the Services, you must agree to this Agreement.
BY AGREEING TO THIS AGREEMENT, YOU REPRESENT YOU ARE AT LEAST 13 YEARS OLD. IN CASE YOU DON´T HAVE THE LEGAL CAPACITY TO ENTER THIS AGREEMENT, YOU REPRESENT THAT YOUR LEGAL GUARDIAN OR ANYONE BEING LEGALLY RESPONSIBLE FOR YOUR INTERESTS HAS AGREED TO TERMS OF THIS AGREEMENT.
BY ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE TERMS SET FORTH BELOW. IN CASE YOU DON´T AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.
In case the Services are free to use or download, such Services may contain features which may allow you to make purchases within the Services.
These Services are offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some Services may be subject to additional terms and conditions promulgated by MSB from time to time. Any material modifications to the Agreement will also be brought to your attention by posting on MSB´s website. Such material modifications will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of the Services after a modification has been made to the Agreement constitutes your acceptance of such modification.
Subject to this Agreement, MSB hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal and non-commercial use. This Agreement shall also apply to any patches or updates obtained for the Services. The rights granted to you are subject to your full compliance with this Agreement.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SERVICES, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY MSB.
Accordingly, except as expressly licensed to you herein, MSB retains all right, title, and interest in and to the Services, including without limitation, and any and all associated copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, patches, updates, copies, derivative works, titles, computer code, audiovisual effects, themes, objects, characters, character names, stories, dialogs, settings, catchphrases, locations, concepts, animation, audio-visual, text, methods of operation, moral rights, whether registered or not. IN ACCORDANCE WITH THE PROVISIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE SERVICES IN ANY MANNER, EITHER IN WHOLE OR IN PART, IS EXPRESSLY AND EXPLICITLY PROHIBITED, UNLESS MSB EXPRESSLY CONSENTS IN WRITING.
You accept that the Services does not give you any title or ownership in any content appearing in the Services, and this Agreement should not be construed as a sale or transfer of any intellectual property rights to the Services. All rights not specifically granted under this Agreement are hereby reserved by MSB and, as applicable, by its licensors.
MSB may license to you certain virtual goods to be used within the Service and which you may purchase with "real world" money ("Virtual Items"). Virtual Items are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
MSB may manage, control, modify or eliminate Virtual Items at any time, with or without notice.
The transfer of Virtual Items is prohibited except where expressly authorized in the Services, if any.
Virtual Items do not have an equivalent value in real world money and do not act as a substitute for real world money. Neither MSB nor any other person or entity has any obligation to exchange Virtual Items for anything of value. MSB has no liability for hacking or loss of your Virtual Items.
Price and availability of Virtual Items are subject to change without notice. Subject to mandatory legislation, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in Services is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance has started.
Subject to mandatory legislation, you agree that MSB is not required to provide a refund for Virtual Items for any reason, and that you will not receive money or other compensation for unused Virtual Items, whether your loss of license under these Terms of Use was voluntary or involuntary.
If you request that your personal data to be erased as specified in MSB´s Privacy Notice, you will permanently and without a right to a refund lose all your Virtual Items as MSB can no longer associate such Virtual Items with you.
You agree to use the Services only in a manner consistent with this Agreement. Therefore, you SHALL NOT, under any circumstances:
(i) Exploit the Services or any of its parts for commercial purposes;
(ii) Sell, rent, lease, license, distribute or otherwise transfer the Services or any of its parts or any copies;
(iii) Reverse engineer, derive source code, modify, decompile, disassemble, copy or create derivate works of the Services, in whole or in part, except as the applicable law expressly permits;
(iv) Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services;
(v) Use the Services in violation of any applicable law or regulation;
(vi) Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services;
(vii) Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services;
(viii) Attempt to gain unauthorized access to the Services, accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface
provided by MSB, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology,
device, encryption, or software that is part of the Services;
(ix) Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or
racially, sexually, religiously, or otherwise objectionable or offensive;
(x) Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including MSB and MSB´s employees;
(xi) Engage in any act that MSB deems to conflict with the spirit or intent of the Services or make improper use of MSB´s support services.
Services may include links to third party services (including without limitation advertisements served by third parties) and/or the third party services may be made available to you via Services. These services may include, but are not limited to, gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider and to which MSB is not a party to.
MSB or his employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). However, if you submit us with Unsolicited Content, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you state in your accompanying message or otherwise. You further agree that such Unsolicited Content may be shared or used by MSB without compensation to you or any third party and you grant MSB a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, reproduce, transmit, amend, display and exhibit Unsolicited Content in all media now known or hereinafter invented for any purpose and create derivative works based upon the Unsolicited Content.
You agree that MSB shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
Without limiting any other legal or equitable remedies, in the event you are in breach of the terms and conditions set forth in this Agreement, MSB reserves the right to suspend and/or terminate your access to the Services and either with or without notice to you limit.
In case MSB reasonably believes you are (i) creating any risk or exposing MSB to any possible liabilities, or (ii) infringing intellectual property rights of third parties, MSB may limit, suspend or terminate the Services or portions thereof, and take technical and legal steps to prevent users from accessing the Services.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS BASIS”. ACCORDINGLY, SUCH SERVICES ARE AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. Therefore, MSB does not make, and hereby disclaims, any and all express, implied or statutory warranties, including WITHOUT LIMITATION implied warranties of condition, uninterrupted use, accuracy of data (including but not limited to location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. MSB does not: (A) warrant against interference with your enjoyment of the Services; (B) that the Services will meet your requirements; (C) that operation of the Services will be uninterrupted or error-free, or (D) that the Services will interoperate or be compatible with any other services or that any errors in the Services will be corrected. No oral or written advice provided by MSB or MSB's employees or other representatives create a warranty.
In case any jurisdiction does not allow the exclusion of any warranty in the manner set out above, such terms may not be applied to you. In such cases, the above exclusions of warranty shall be applied to the maximum extent permitted by the applicable laws of such jurisdiction.
IN NO EVENT SHALL MSB OR MSB's AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF MSB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF MSB SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL MSB´S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES EXCEED THE HIGHER OF: (I) THE ACTUAL PRICE (IF ANY) YOU PAID FOR THE USE OF THE LICENSE; OR (II) ONE HUNDRED DOLLARS (US$ 100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MSB AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE CERTAIN LIMITATIONS OF LIABILITY AS STATED ABOVE, SO THE ABOVE TERMS MAY NOT APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS.
You agree to indemnify, defend and hold MSB (including, without limitation, MSB´s employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of this Agreement.
You understand that the Services may be linked to third party websites or services. MSB makes nor promises in respect of such products or services provided by such third parties and you agree that MSB does not endorse the same. In case you provide data to such third parties, you fully understand that you are providing it subject to such third party´s privacy policy (if any), and that in such case MSB´s Privacy Notice does not apply in relation to such data.
MSB may amend or update this Agreement from time to time. Whenever MSB makes any update or amendment to this Agreement, appropriate measures will be taken by MSB to inform you via the Services or otherwise.
In case you continue to access or use the Services after updates or amendments become effective, you agree to be bound by the updated or amended Agreement.
If any part of the Agreement is found to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect, to the maximum possible extend permitted by law.
Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
MSB may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement or the Privacy Policy without MSB's express prior written consent.
This Agreement represents the complete agreement between you and MSB concerning the Services and supersedes all prior agreements and representations, warranties or understandings between you and MSB (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
This Agreement shall be construed under Germany´s laws and you consent to the exclusive jurisdiction of the courts in Darmstadt, Germany.
If the jurisdiction of your domicile prohibits MSB from enforcing this choice of law provision, your rights based on the laws of your domicile will not be disregarded by this provision.
In case you have any questions about this Agreement, you may contact MSB at:
Martin Sebastian Bartsch
Hügelstrasse 9
Darmstadt 64283
Germany
Email: gearhuntinggames@gmail.com