1.1. Governing Agreement
The terms of this agreement (“Terms of Service” or “Terms”) govern the relationship between you and kunst-stoff (hereinafter ” kunst-stoff ” or “Us” or “We”) regarding your use of kunst-stoff ´s social games and related services, which include applications for mobile devices and kunst-stoff branded websites (the “Service”). In this agreement, „kunst-stoff ” means kunst-stoff GmbH, located at Rungestraße 22-2 in 10179 Berlin, Germany.
This agreement may not be otherwise amended except in a writing hand signed by you and Us. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.
1.4. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant kunst-stoff policies kunst-stoff grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Sections 1.5-1.7 to access and use the Service using a kunst-stoff supported web browser (such as Mozilla Firefox or Microsoft Internet Explorer) or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
You understand that while at times you may “earn” “buy” or “purchase” (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service; or (b) virtual in-game items (together with virtual currency, “Virtual Items”); these real world terms are only being used as shorthand. You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Service is a completed transaction upon receipt of your direct payment or redemption of a kunst-stoff game card or a third party virtual currency like Facebook Credits. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
1.5. Accessing the Service
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
1.6. Use of the Service
The following restrictions apply to the use of the Service:
- a. You shall not use the Service if you have previously been removed by kunst-stoff or previously been banned from playing any kunst-stoff game;
- b. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without kunst-stoff ´s written permission;
1.7. License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.4, and may subject you to liability for violations of law.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY KUNST-STOFF GAME IS A VIOLATION OF KUNST-STOFF POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
- a. Engage in any act that kunst-stoff deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;
- b. Make improper use of kunst-stoff support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
- c. Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
CHEATING AND HACKING – You agree that you will not, under any circumstances:
- d. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any kunst-stoff game experience;
- e. Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any kunst-stoff game experience;
- f. Without kunst-stoff ´s express written consent, modify or cause to be modified any files that are a part of the Service;
- g. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any kunst-stoff game environment (each a “Server”); or (2) the enjoyment of the Service or any kunst-stoff game by any other person;
- h. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or
- i. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by kunst-stoff, 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, or software that is part of the Service;
OFFENSIVE OR INFRINGING CONTENT – You agree that you will not, under any circumstances:
- j. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- k. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- l. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including kunst-stoff employees, including kunst-stoff ´s customer service representatives; or
- m. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a kunst-stoff employee;
COMMERCIAL ACTIVITY – You agree that you will not, under any circumstances:
- n. Without kunst-stoff ´s express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items for sale;
- o. Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service; or
- p. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
UNAUTHORIZED USE OR CONNECTION TO THE SERVICE – You agree that you will not, under any circumstances:
- q. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service;
- r. Use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about kunst-stoff game characters, elements, or environment. kunst-stoff may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- s. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
- t. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- u. Bypass any robot exclusion headers or other measures We employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
- v. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by kunst-stoff;
- w. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by kunst-stoff; or
- x. Copy, modify or distribute rights or content from any kunst-stoff site or game, or kunst-stoff copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;
1.8. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, KUNST-STOFF MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR KUNST-STOFF SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND KUNST-STOFF IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
kunst-stoff reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, kunst-stoff shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
1.9.1. Games and Service
The Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a kunst-stoff game client, and the kunst-stoff game clients and server software) are copyrighted works owned by kunst-stoff GmbH. kunst-stoff reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
1.9.2. Virtual Items
kunst-stoff owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items appearing or originating in any kunst-stoff game, whether “earned” in a game or “purchased” from kunst-stoff, or any other attributes associated with an Account or stored on the Service.
kunst-stoff prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Service, unless otherwise expressly authorized by kunst-stoff in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game, without kunst-stoff ´s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
2. THIRD PARTY ADVERTISING
2.1. Third Party Advertisements
You understand that the Service and kunst-stoff games may feature advertisements from kunst-stoff or third parties.
2.2. Links to Third Party Sites and Dealings With Advertisers
3. COPYRIGHT NOTICES/COMPLAINTS
It is kunst-stoff ´s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). kunst-stoff reserves the right to terminate without notice any User’s access to the Service if that User is determined by kunst-stoff, in its sole discretion, to be a “repeat infringer.” In addition, kunst-stoff accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
4. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. kunst-stoff may require that you accept updates to the Service and to kunst-stoff´s games you have installed on your computer or mobile device. You acknowledge and agree that kunst-stoff may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play kunst-stoff ´s Games.
5. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
5.1. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER KUNST-STOFF NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, ” KUNST-STOFF PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
5.2. LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE KUNST-STOFF PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE KUNST-STOFF PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE KUNST-STOFF PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF KUNST-STOFF.
You agree to indemnify, save, and hold kunst-stoff, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. kunst-stoff reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify kunst-stoff, and you agree to cooperate with kunst-stoff ´s defense of these claims. kunst-stoff will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
6. DISPUTE RESOLUTION
If a dispute arises between you and kunst-stoff, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and kunst-stoff agree that We will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service (a “Claim”) in accordance with one of the subsections below or as We and you otherwise agree in writing. Before resorting to these alternatives, We strongly encourage you to first contact Us directly via our Support Service firstname.lastname@example.org . We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
6.2. Law and Forum for Legal Disputes
This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the Berlin Court, Germany. You agree that any claim or dispute you may have against kunst-stoff GmbH must be resolved exclusively by the courts in Berlin. You agree to submit to the personal jurisdiction of the courts in Berlin for the purpose of litigating all such claims or disputes.
6.3. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than €10.000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
6.4. Improperly Filed Claims
All claims you bring against kunst-stoff must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Section 6.2 shall be considered improperly filed. Should you file a claim contrary to Section 6.2, kunst-stoff shall be entitled to recover attorneys’ fees and costs up to €10.000, provided that kunst-stoff has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
8. GENERAL PROVISIONS
8.2. Supplemental Policies
kunst-stoff may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
8.3. Entire Agreement
8.4. No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by kunst-stoff shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of kunst-stoff.
8.5. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to kunst-stoff are of a unique and irreplaceable nature, the loss of which shall irreparably harm kunst-stoff and which cannot be replaced by monetary damages alone. Accordingly, kunst-stoff shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any kunst-stoff game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 5.2 (if any).
8.6. Force Majeure
kunst-stoff shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of kunst-stoff, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond kunst-stoff ´s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Trotz sorgfältiger inhaltlicher Kontrolle übernimmt kunst-stoff keine Haftung für die Inhalte externer Links. Für den Inhalt der verlinkten Seiten sind ausschließlich deren Betreiber verantwortlich.
Der Inhalt und die Struktur dieser Webseiten sind urheberrechtlich geschützt. Alle Rechte bleiben kunst-stoff vorbehalten. Auf die uneingeschränkt bestehenden Kennzeichenrechte von kunst-stoff und Dritten wird ausdrücklich hingewiesen. kunst-stoff gestattet die Übernahme von Texten, Abbildungen, Grafiken und Downloads in Datenbestände, die ausschließlich für den privaten Gebrauch eines Nutzers bestimmt sind.
Die Übernahme und Nutzung der Daten zu anderen Zwecken bedarf der schriftlichen Zustimmung von kunst-stoff.
9. Contact Us
Kottbusser Damm 73
Managing and Creative Director: Patrick Rau
Tel: +49 (0)30 23457178
Fax: +49 (0)30 24 80 32 22
HRB 116779 B