Terms of use for Online Services

The apps offered by Isar Interactive GmbH & Co. KG enable online participation in games of skill. The following terms of use ("Terms") regulate the usage of these online services.
For download and purchase of an app license, the terms of use of the respective app stores apply.

Scope

  1. These Terms apply to users ("you") of the online services provided by Isar Interactive GmbH & Co. KG ("us"). These Terms apply in the version valid at the time of use.
  2. We offer our apps exclusively to End Consumers according to § 13 of the German Bürgerliche Gesetzbuch (BGB). The use of our apps and related services for commercial purposes is excluded.
  3. We do not accept terms and conditions of users that are contrary to or deviate from these.

Online Gaming

  1. Our apps may include features for online gaming ("Online Services").
  2. This offer is voluntary. To the maximum extent permitted by law, the Online Services are provided "as is" and used at your sole risk with no warranties whatsoever.
  3. By downloading the app or purchasing an app license, you can not claim availability of the Online Services. We retain the right to discontinue the Online Services at any time and without providing a reason. We also retain the right to exclude individual users from the Online Services. We may exclude individuals at any time, without providing a reason, and without prior warning.
  4. With respect to the Online Services, we do not make any warrany of any kind, including, without limitation, concerning conditions of quality, performance, non-infringement, merchantability, or fitness for a particular purpose.
  5. We further do not represent or warrant that the Online Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free.
  6. We expressly retain the right to convert the Online Services into a payed service at any time. You can not derive any entitlement to a free-of-cost use of the Online Services from a prior free-of-cost offer of the Online Services.

Player Profile

  1. For playing online, a player profile with name and profile picture can be created. You can change the attributes of your player profile at any time.
  2. You acknowledge that your player profile and your played games and results may also be shared to third parties, e.g. in public leaderboards. By participating in the online game, you agree that your player profile is public.
  3. We recommend that you do not enter any personal data in the app, especially for username, profile picture, and chat at the gaming table. You understand that all personal information you provide in the app will be publicly available to third parties.
  4. You agree to observe all intellectual property rights for all data entered by you. This is especially applicable for your profile picture.
  5. Every person may have at most one player profile. It is forbidden to use the Online Services with multiple player profiles, especially if this is to provide illegitimate advantage to a user.
  6. You agree not to disclose any data or player profiles you have become aware of through the use of any of our apps to any third party.

Rules of Conduct

  1. You agree that your use of the Online Services should be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree NOT to use the Online Services in order to:
  2. post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable;
  3. defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable;
  4. upload or transmit (or attempt to upload or transmit) files that contain spam or advertising.
  5. transmit unauthorized communications through the Online Services, including any form of advertising, junk mail, chain letters, spam;
  6. use any software or programs that may interfere with or damage the operation of the Online Services.
  7. exploit, distribute or publicly inform others about any Online Services error, miscue or bug which gives an unintended advantage;
  8. attempt to interfere with, decipher any transmissions to or from, hack into or damage in any way the Online Service;
  9. develop, distribute, or use "auto" software programs, "macro" software programs or other "cheat utility" software program or applications;
  10. violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
  11. You agree to indemnify and hold Isar Interactive GmbH & Co. KG and each of its subsidiaries, affiliates, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising from or in connection with (i) your use of and access to the Online Services with violations of any of these Terms; (ii) your infringement of any third party right, including without limitation any copyright, property or privacy right; (iii) any user generated content you communicate through the Online Services.

Limitation of Liability

  1. Isar Interactive GmbH & Co. KG is liable for grossly negligent or intentional breaches of duty by Isar Interactive GmbH & Co. KG, as well as for negligence in the event of injury to life, body or health. Isar Interactive GmbH & Co. KG is not liable for the behavior of individual users, except in the case of gross gross negligence. Any liability beyond that stated above is excluded for Isar Interactive GmbH & Co. KG. Any liability under the German Produkthaftungsgesetz remains unaffected.
  2. We strive for constant availability of Online Services. In the event of technical problems, maintenance or other reasons, the Online Services may be temporarily unavailable. A failure can also mean the complete and permanent loss of player profiles. Isar Interactive GmbH & Co. KG can not be held responsible for failures of the Online Services and / or data loss of player profiles.
  3. You as user are responsible for ensuring that the hardware and software you use is suitable. The same applies to the internet access you use. Isar Interactive GmbH & Co. KG can not be held liable for any interruptions in the game, connection failures or other technical inability to use the Online Services.
  4. Note that system requirements may change at any time due to updates, changes in operating systems, or updates to our apps or servers. In this case you are not entitled to use the Online Services if the device used does not meet the current system requirements.
  5. Our apps can potentially be used worldwide via the Internet. You as a user must comply with all laws that apply to your whereabouts at the time the Online Services are used. If there are any doubts as to the permissibility of use, please obtain appropriate legal advice before use. Isar Interactive GmbH & Co. KG accepts no liability for the legal permissibility of the offer outside of Germany.

Governing law and concluding provisions

  1. The law of the Federal Republic of Germany governs these Terms and all relations of Interactive GmbH & Co. KG and Users.
  2. Jurisdiction is the seat of Isar Interactive GmbH & Co. KG.
  3. If any provision of these Terms is held to be invalid or unenforceable, validity and enforceability of the remaining provisions shall not be affected.

As of: 22. November 2016.