General Terms & Conditions for Playsics UG (haftungsbeschränkt)
1 Scope of Application
The following conditions govern the use of the from Playsics on the Playsics websites and Playsics webservices on the internet offered Online-Games and other services. These services include, for example, the possibility of creating a profile page, participating in blogs and forums, uploading media such as photographs, texts and games and purchasing virtual items or other services. The players of Playsics Games and Services, are hereinafter referred to as Users. In the following general terms and conditions (hereinafter referred to as Terms & Conditions), references made to “Games” or “Services” will pertain to the games and/or services offered by Playsics. The business relationship between Playsics and Users shall be exclusively based upon these Terms and Conditions, as well as the Data Protection Policy and the Imprint, which both constitute an integral part of the Terms and Conditions.
The contractual partner is Playsics UG. User Terms & Conditions are not considered part of the general contract unless Playsics approves these in writing.
The following Terms & Conditions apply to the use of the Games and Services. The Games and Services can be accessed primarily through a personal computer connected to the Internet by telephone, ISDN, broadband or equivalent connection. In addition, various other Internet-capable devices may be used, whereby the scope of operation and/or display characteristics may be limited.
These Terms & Conditions expressly exclude questions which might arise with regard to the establishment of Internet access, connection to websites and online games, and third-party software such as browsers or access software, as these Services are not provided by Playsics.
1.1.1 Playsics offers its Games and Services exclusively to to Users with respect to the German § 13 Bürgerlichen Gesetzbuch (BGB). The use of Playsics Games and Services for pecuniary or any other commercial purposes is hereby prohibited.
1.1.2 Only those individuals who have reached the age of 18 are entitled to use the full scope of Games and Services provided by Playsics.
1.1.3 At the time of registration for Playsics Games and Services, the User explicitly confirms that they are (i) of legal age and their legal capacity, and. in the case of minors, (ii) the approval of their legal guardian.
1.2 Subject Matter of the Contract, Usage of and Changes to the Games and Services
1.2.1 Playsics offers its Users the possibility of using Games and Services which are offered by Playsics subject to existing technical and commercial capabilities.
1.2.2 Participation in Games is for entertainment purposes only.
1.2.3 Playsics, as part of its Services, stores certain information on the Games and offers its Users the possibility of uploading information to the Internet and creating personal profiles, etc., which can be viewed by other Users of Playsics Games and Services as well as by third parties. Furthermore, the User can also communicate with third parties via the Games, upload and exchange photographs, videos, games, music and other media, publish blogs and comments, and rate games, other Users, third parties or transactions.
1.2.4 The use of Playsics Games and Services online is made possible through the provision of the necessary applications at the respective URLs by Playsics. Playsics also reserves the right to offer or sell its Games on other digital media and which may have a range of features that differ from the online versions of said games. Such a sale of these Games is not subject to these Terms & Conditions.
1.2.5 The use of Playsics Games and Services is expressly limited to individuals who previously created a customer account (hereinafter Account) at the time of registration. An Account can be created at the URL of the respective Game(s). An Account which has been created enables the User access the Game subject to the conditions set forth in Sec. 1.1 above.
1.2.6 Registration, i.e. an application to open an Account, can be accomplished by filling out a form electronically and providing the information requested therein. The use of Playsics Games and/or Services will be permitted from the time an account is created for the user by Playsics.
1.2.7 Users are authorized to create multiple accounts. Several Games, however, prohibit the use of more than one Account by one and the same User (“prohibition of multi-accounts”). Detailed information is provided in the rules of the respective Game(s). Playsics strongly recommends that all Users with multiple Accounts carefully read the respective rules of the Game(s), because the use of multi-accounts in certain Games can lead to an immediate ban of the User. Furthermore, even in Games permitting Users to have multiple accounts, communication, or any kind of interaction whatsoever, between accounts of the same User is prohibited (ban on 'pushing'). In particular, an Account may not be used to create advantages for another Account from the same User, for example, to transfer items or game currency from one Account to another Account of the same User, or to allow one Account to fight against another Account of the same User.
1.2.8 After creating an Account, the User may use the respective Game and/or Service by opening the corresponding URL, and then logging in.
1.2.9 The use of Games and Services is only authorized via Internet browsers or special tools made available and expressly permitted by Playsics (ban on unauthorized scripts). In other words: The use of programs which cause excessive server load are strictly forbidden. The application of software to systematically or automatically control games or individual game functions such as bots, macros, etc. or to reproduce or evaluate games, game components or provided content is prohibited.
1.2.10 The use of programming bugs and/oder errors to achieve personal gain is strictly prohibited. Recognized bugs should be reported as quickly as possible in the bug forum, by IRC or by e-mail.
1.2.11 The User is not entitled to open an account or to publish any information.
1.2.12 All respective, current technical and other Game and participation requirements for Services offered are contained on the respective Game websites.
1.2.13 All Games and Services are updated, adapted, expanded and modified regularly. For this reason, the User is only granted the right to use the current version of the respective Games and Services.
1.2.14 The use of the Games in their respective basic version is free of charge. Some features are only available to paying customers (see Sec. 7 below). Use of the Services is free unless otherwise stipulated in the description of the respective Services.
1.2.15 he User has no right to retain the Games and/or Services of the version current at the time of the conclusion of the contract. Playsics reserves the right to cease operation of individual Playsics Games and/or Services at any time without prior notice or justification. At his or her own discrection, the User may request, in such an event, that fees paid in advance within the scope of continual obligations (e.g. for Premium memberships, subscriptions) be credited to his/her account for other Games and/or Services operated by Playsics, or that Playsics recompense all fees paid in advance. The right does not apply to fees for services, which have been fully rendered within the scope of individual obligations (e.g. individual orders). The User’s right to terminate the agreement with immediate effect due to Games and/or Services which are unable to be used remains unaffected. Further claims made by the User are hereby prohibited unless otherwise expressly described in these Terms & Conditions.
2 Offer and Conclusion of Contract
2.1 By filling in the registration form for the Account, the User enters into a binding contract (hereinafter User Application). For this purpose, all fields of the registration form marked as being “required” must be filled in completely and correctly.
2.2 The agreement between Playsics and the User is considered valid when Playsics approves the User Application. Confirmation of the User Application can be explicitly communicated by Playsics as a result of an action on the part of Playsics.
2.3 Playsics will promptly send a confirmation e-mail acknowledging receipt of the User application to the e-mail address provided by the User at the time of registration. This acknowledgment of receipt does not represent a binding approval of the User Application. The acceptance of the User application and the confirmation to access Playsics Games and Services can, however, be sent together with the acknowledgment e-mail.
3 Cancellation Policy
Cancellation Policy: The User can revoke his/her declaration of intent to enter into a contractual agreement for Playsics Games and Services and to order Premium features from Playsics without stating reasons, within a period of seven (7) days in written form, either by letter, fax, or e-mail. This period shall begin upon receipt of these instructions, but not before conclusion of contract and also not before Playsics has fulfilled the corresponding, legal precontractual information. The timely dispatch of the cancellation is deemed to be sufficient evidence that the cancellation deadline has been observed.
Please address the cancellation to:
Playsics UG (haftungsbeschränkt)
If a cancellation is sent by e-mail, the name of the Game and, if applicable, the Premium features and/or Services plus the name of the User must be provided in the subject line of the e-mail.
Effects of revocation: In case of a valid withdrawal, Services or payments made by both parties must be returned and, if applicable, any associated utilization must be released. If the User cannot return the received services to Playsics either in full or in part or only in deteriorated condition, the User may be liable to provide equivalent compensation. In some cases, the User may be required to fulfill the contractual payment responsibilities for the period of time up until the revocation. This is not applicable for the transfer of virtual goods when the deterioration of the virtual goods is caused exclusively by their examination – such as when the User might examine a good in a store before purchasing it. The User's obligation for compensation exists when the virtual goods are used in a manner consistent with the principles of civil law which is incompatible with that of good faith or unjust enrichment. In addition, the User can avoid an obligation to pay compensation if he/she does not treat them like his/her personal property and avoids any actions which may diminish their value. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the User with the dispatch of the cancellation notice; Playsics's period begins with the receipt of this notice.
Premature termination of the right of revocation: The revocation of the User expires prematurely if the contractual obligations are fully met by both parties at the express request of the User before the User has exercised his/her right of revocation. This is considered to be the case when the User has made use of the Games and/or Services and/or Premium features and has paid for these in full.
End of cancellation policy
Playsics guarantees that its Games and Services will be available 90% (ninety percent) of the time on a yearly average. Excluded from this percentage are time periods in which Playsics servers, individual Games and/or Services are not available on the Internet due to technical or other problems which are outside the control of Playsics, such as force majeure, third-party fault, etc. as well as periods in which routine maintenance work is carried out. The liability of Playsics with regard to inaccessibility of the games and/or services by intent and gross negligence remains unaffected. Playsics can restrict access to its Games and Services if required for network security and preservation of network integrity, especially with regard to the prevention of severe breakdowns or interruptions of the network, software or stored data.
5 Access to these Terms & Conditions, Changes and Further Notifications, Contact by the User
5.1 The User accepts these Terms & Conditions as binding by submitting his/her User Application and using Playsics Games and/or Services. These Terms & Conditions apply for each login, especially when any of the Playsics Games and/or Services are used. The Terms & Conditions can be printed out or saved onto digital media before sending the User Application.
5.2 Playsics reserves the right to change or amend these Terms & Conditions with regard to future arrangements at any given time, provided this is deemed necessary and if the User is not put at a disadvantage in a breach of good faith.
5.3 The User will be notified of the changes made to the Terms & Conditions either by e-mail or on the website of the Games and Services offered by Playsics. Changes to the Terms & Conditions will always be provided to the User with a highlighted announcement at the next login. The modified Terms and Conditions shall be effective immediately, provided that the User has agreed to them. Furthermore, the conditions as stipulated in the second and third sentence of section 5.1 shall apply.
5.4 If the User objects to the changes of the Terms and Conditions, both parties are entitled to terminate this agreement with a one-month notice unless both parties have the right to terminate without notice according to Sec 8.1. Until termination has been finalized, the original Terms & Conditions will remain in effect. Any payment made for Games and/or Services which extend beyond the termination date will be reimbursed to the User on a pro-rata basis. Further claims by the User are considered hereby invalid.
5.5 Playsics, in the course of informing the User about such changes, will especially inform the User about the possibility of objecting to the changes, cancellation of Services.
5.6 Unless otherwise stipulated in these Terms & Conditions or in other agreements with the User, Playsics will generally communicate with the User by e-mail. The User will ensure that he/she can receive all e-mails sent by Playsics to the address he/she submitted to Playsics at the time of registration and at subsequent times. The User is responsible for settings and maintenance of the spam filter and for regularly checking all incoming e-mail sent to this address. Playsics reserves the right to correspond with Users using whichever form of communication they deem necessary.
5.7 pon contacting Playsics, the User will indicate which Games and Services and which Game and Service Account their correspondence pertains to.
6 Instructions and Rules of the Games
6.1 Instructions and rules of the Games and/or Services will be published on the websites of the respective Games and Services.
6.2 The User is consciously aware that they play together with numerous other Users in online games, and that they communicate with different Users of Services over the Games. In order to ensure successful interaction between the Users in the Games, it is imperative that the rules are observed by all Users. By using Playsics Games and Services, the User thereby acknowledges the rules and participation requirements as legally binding.
6.3 The User will also refrain from undertaking any other activity which could interfere with the normal operation of Playsics Games and Services or disrupt the successful interaction between Users in the Games.
7 Fees, Payment Conditions, Late Payment
7.1 Online Games
7.1.1 Basic Version
Playsics provides Users access to the Games in principle as of the creation of a User Account (see Sec. 1.2 above). In this case, the User will initially only be provided with a basic version of the Game. The creation of an Account and the use of the basic version are free of charge. The basic version of the Game can be used indefinitely and without restrictions in Game function, without prejudice to Playsics’s right to withdraw the Game. In the basic version, the User does not have full access to all Game features.
7.1.2 Premium features
The User has the option of receiving features which are not available in the basic version (hereinafter Premium Features) in return for payment. The Premium Features offered may vary from one Game to another. Information pertaining to the prices of the Premium Features offered, the functions included with these Premium Features and their requirements for use can be obtained from the website of each respective Game. Depending on the Premium Feature and price, a one-time payment may have to be made in order to credit an Account with features or items which may be used for certain purposes subject to the respective rules of a Game, or to make payments which are due periodically, such as on a daily, weekly, monthly, quarterly, semiannual or yearly basis. All prices listed include all possible applicable taxes. All Games are updated regularly. Playsics therefore reserves the right to offer new Premium Features at any time. In the course of adapting and developing the Games, Playsics also reserves the right to discontinue individual Premium Features and/or to offer them in the basic version (see Sec. 7.1.1 above). All Users are excluded from reimbursement of fees paid.In the event of a permanent discontinuation of a Playsics Game, section 1.2.15 shall apply. If the User is a minor, he or she expressly declares when ordering the premium features that he or she has received the means of payment necessary for these services or were freely available to him or her. If there is a possibility of downloading software to a mobile phone allowing access to individual Games, the rules for Premium Features will also apply for payment of these accrued costs.
7.1.3 Subscription / Automatic Renewal
If payments for Premium Features are to be made at regular intervals, the User effectively enters into a subscription for these Premium Features that will automatically be renewed if it is not cancelled by the User before the end of the set time limit as stipulated in Sec 8.2 below. The subscription terms are described in the rules for the respective Games.
7.1.4 Payment Conditions and Due Date of Payment
Playsics is authorized to ask for advance payment for the use of Premium Features (see Sec. 7.1.2 above). Such payment will be due upon conclusion of the contract and will be debited from the bank account or charged to the credit card account provided by the User, inasmuch as the User has not opted for another form of payment, for example, payment by text message for Premium Features. The amount to be collected will be displayed as “WWW.BIGPOINT.COM” or Bigpoint or Playsics on credit card bills or bank account statements.
7.1.5 Adjustment of Fees
Playsics reserves the right to reduce prices or to offer new products, services or methods of payment at any time either on a temporary or permanent basis. In addition, Playsics is authorized to change prices at any given time with six week’s notice either in writing or by e-mail sent to the address provided by the User. The changed price will take effect if the User does not object to the changed price within six weeks. The contractual relationship will be carried forward according to the conditions and prices which were changed. Playsics, in the course of notifying the User about these changes, will inform the User about the possibility of objecting to the changes, cancellation of services, the set time limit and legal ramifications in the case of failing to submit an objection. If the User objects within the set time limit, both parties reserve the right to terminate this agreement at the end of one month, unless the right to terminate immediately according to Sec 8.1 already exists. Until termination of the contract, the original Terms & Conditions will remain in effect. Until termination of the contract, the original Terms & Conditions will remain in effect. Any payment made for Games and Services which extend beyond the termination date will be reimbursed to the User on a pro-rata basis. Further claims by the User are considered invalid.
7.2 Late Payment
In case of late payment, Playsics is authorized to charge interest set at 3% above the applicable legal lending rate in Germany. Playsics is also entitled to discontinue Services and to suspend the User’s Account(s) if payment is overdue. During the Account suspension period, no charges for subscriptions which have been entered into will accrue. Playsics, however, is authorized to impose a processing fee for suspending an Account, for informing the User of Account suspension, for reactivating the Account or for creating a new Account upon payment in full. The amount of the processing fees can be found by accessing the respective Game and Service. The User is entitled to prove that no damage occurred or that a substantially lower level of damage was caused due to late payment.
7.3 Direct Debit Reversals, Cancellation Fees
If Playsics incurs costs and/or losses as a result of User default or insufficient User bank account funds, and/or if Playsics is charged a cancellation fee due to the cancellation of a direct debit payment, the User will bear all cancellation fees generated as a result of these actions. Playsics is entitled to demand payment of the costs incurred from repeated attempts to debit the charges from the User’s account together with the original fees. If payment of fees is made by direct debit or credit card, and a debit reversal occurs, Playsics will charge a service fee of EUR 9.60 per direct debit/credit card transaction plus banking fees accrued. The User is entitled to prove that no damage occurred or that a substantially lower level of damage was caused due to late payment.
7.4 No Guarantee of Prizes
Playsics does not guarantee prizes to Users. In particular, the Users do not have the right to claim the payment of prizes, unless such a claim is explicitly outlined in these Terms & Conditions. A claim to the payment of a prize can only be permitted if Playsics has explicitly offered/advertised such a prize. A claim to the payment of a prize also does not exist if Playsics learns that a potential claim to a prize may be the result of technical or legal manipulations and/or the result of any other kind of criminal conduct, in general. By using Playsics Games and Services, Users thereby agree that Playsics may conduct a thorough investigation at any time pertaining to the legality of the claim for prizes, and while this claim is under investigation may withhold the payment of the prize from the User without his/her express consent. A claim to a prize will also be forfeited if the User has not complied with the rules of the Game. If there is reason to doubt a claim, it is up to the User to provide sufficient evidence that he/she complied with the rules of the Game. The User acknowledges and explicitly accepts this obligation to provide evidence even when it is not usually common legal practice to do so.
7.5 No Set-off; No Right of Retention; No Cession
The User may only set off a claim by Playsics for outstanding accounts if his/her counterclaims cannot be disputed or have been declared legally binding. The User can only withhold payment if their counterclaim is related to the same Terms & Conditions. The right of the User to assign his/her claims to a third party is invalid.
Unless otherwise stipulated in the Service description, Services can be used free of charge. Furthermore, Sec. 7.1 through Sec. 7.5 apply to fee-based Services.
8 Term, Termination
All contracts entered into between the User and Playsics are for an indeterminate period of time unless a limited period of time has been expressly specified in the Terms & Conditions.
8.2 Orderly Termination
Each party is legally entitled to terminate the contractual agreement without providing any reasons, provided that the period of termination has been upheld and that the following has been fulfilled:
8.2.1 If no limited period of time has been agreed upon for a contract, both parties may terminate the contractual agreement in a due and orderly manner with immediate effect.
8.2.2 If a contract (e.g. gaming or service usage contract) for using the Games and Services and/or premiumm features has been agreed upon for a set period of time (see Sec. 7.1.2 and Sec. 7.1.3), said contract will be automatically renewed for the same period after the original contract expires, unless the contract has been terminated by the user at least 14 days prior to the end of the contract period.
8.3 Just grounds for termination
8.3.1 The parties may also terminate the contractual agreement for important reasons at any time without prejudice to the above regulations.
8.3.2 In the event that Playsics is responsible for a premature termination of the contractual agreement for important reasons, the User will receive a pro-rata refund for any payments made by them, if applicable, (especially for Premium Features) which apply to the period after the termination becomes effective. All other claims of the User are considered invalid unless otherwise specified in these Terms & Conditions.
Playsics has the right to terminate the contractual agreement especially for, but not limited to, the following reasons:
- The User is late in paying fees of at least EUR 5.00 and has not paid despite having received two reminders.
- The User knowingly violates any law or the rules of the Games and Services, and does not discontinue his/her actions despite having received a warning. A warning is not required in case of a severe offense where it would be unreasonable to expect Playsics to remain bound by the contract.
- The User has not used their Account for a period of four weeks despite having received a reminder.
Cases in which it would be unreasonable to expect Playsics to remain bound by the contract generally include the following:
- The User violates criminal law.
- The User violates the prohibition of multi-accounts which may be stipulated in the respective Game’s rules (see Sec. 1.2 above).
- The User violates the prohibition of pushing (see Sec. 1.2 above).
- The User violates the prohibition of non-authorized scripts (see Sec. 1.2 above).
- The User violates the prohibition of exploiting programming errors (bugs) (see sec. 1.2)
- The User deliberately provides false information upon registration 2, User application form) or while completing payment of Premium Features (see Sec. 7.1).
In the event that Playsics correctly terminates the contractual agreement for important reasons, Playsics is entitled to charge the amount of 75% percent of all fees which the User would have had to pay for the rest of the term had the User terminated the contract of their own volition within the set time limit as governed by the contractual agreement. The User’s right to prove that no damage occurred or that a substantially lower level of damage was caused due to the termination remains unaffected.
8.4 Written Form for Termination
If there is no option for terminating the contract in the respective Games, the termination must be submitted in written form, whereas e-mail is considered to be in compliance with the requirement of written form. A termination for important reasons can only be declared in written form and must include the reason(s) for the cancellation.
9 Responsibilities and Other Obligations of the User; Liability for Information Uploaded by the User; Copyright
The primary responsibility of the User is to pay the accrued fees, unless they use the basic version of the Games and Services (see Sec. 7 above). Another principal responsibility of the user is to correctly and completely submit all information requested by Playsics upon entering into the contractual agreement or during the course of the contractual relation with the User. Therefore, the User declares that all information relating to their person or other facts relevant to the contract (especially bank or credit card details) and which they provide on the User application or during the course of the contractual agreement are complete and correct to the best of their knowledge. The User is obligated to inform Playsics about any changes to this information without undue delay. The User is obliged to follow the game rules. In the case of repeated violation of the rules despite warnings to this effect, or in the case of a severe breach of the rules (see Sec. 8.3), Playsics reserves the right to suspend all services immediately and without warning, and to terminate the contract.
9.2 Installation of Software
Playsics is not liable for damages or loss of data on the User’s computer which may be caused by the installation of software which does not originate from Playsics.
9.3 Further Obligations of the User
9.3.1 Playsics provides the available Games and Services online for use with a web browser. Playsics neither provides nor installs any of the software required by the user on their local computer, especially but not limited to the operating system, web browser(s) or plug-ins such as Flash or Java, if applicable. Playsics also does not provide any support services for such software installations. It is solely the User’s responsibility to maintain the computer in a state which enables the use of Playsics Games. Therefore, Playsics does not provide any kind of technical support for the installation of locally-required software.
9.3.2 The User is obligated to treat all data provided by Playsics for the purpose of accessing the Games and Services (login, passwords etc.) in a strictly confidential manner. The User will inform Playsics without delay if their learns or suspects that an unauthorized third party has gained possession of said access data. Playsics advises the User to do this in written form, e.g. via e-mail. In the event that a third party gains access to Playsics's Games or Services with the User’s access data because the User neglected to sufficiently protect the account from unauthorized access, the User must, due to the danger of an uncertainty caused by the User regarding who misused the account or was responsible for a contractual or legal infringement of said account, assume the responsibility for said actions as if they had performed these actions themselves. Playsics is entitled to evaluate all entry into an account with the User's data as the entry of the User into the account. Playsics advises that passwords should be regularly changed for security reasons. The User is solely responsible for the access to and use of their Account. The User is solely responsible for the access to and use of their Account.
9.3.3 In the event that Playsics has a justifiable reason to believe that an unauthorised third party is wrongly in possession of access data, Playsics may, but is not required to, at its own discretion, change the account access data without prior notice or suspend the respective Account. Playsics will promptly inform the rightful User and will, upon request, communicate the new access data to them without undue delay. The User has no right to demand that the original access data be restored.
9.3.4 The User is not entitled to sell their account to a third party or in another way, shape or manner to transfer it. This is not applicable for the sale or transmission of offers which have been created and reserved by Playsics for this purpose.
9.3.5 Playsics protects its systems against viruses. Nevertheless, virus infections can never be completely ruled out. In addition, it is possible that unauthorized third parties may send e-mails using the name of Playsics without Playsics's consent, and that such e-mails may contain viruses, spyware or links to web content which, in turn, may contain viruses or spyware. Playsics has no influence over such occurrences. The User agrees to check all incoming mail sent or supposedly sent by or in the name of Playsics for potential viruses. The same applies to mails from other Users of the Games or Services.
9.3.6 The User agrees to abide by the instructions of Playsics , its employees, assignees and vicarious agents, especially including but not limited to administrators and moderators of forums for a specific game and/or service.
9.3.7 The User agrees that they shall not, under any circumstances, use the Account, login name or password of another User.
9.4 User’s Obligations Regarding Information for Upload
9.4.1 The User shall exercise due care in the selection of the information which they make available to other Users by uploading it to the Games.
9.4.2 The User shall not use the Service(s) to distribute content including but not limited to pictures, videos, links, names, words which contain political, religious, insulting, offensive, violent, sexist, pornographic or other objectionable matter, especially including racist, right extremist or left extremist content, persons or depictions. In addition, the User agrees not to use any copyrighted or otherwise legally protected terms, names, pictures, videos, music, games, or other material. In case of doubt, the User shall promptly remove any content contested by Playsics. Playsics is also entitled to remove such questionable content on its own. The User will always respect any applicable laws and regulations, especially with regard to youth protection, data privacy, protection of personal rights, protection against slander and defamation, copyright laws and trademarks.
9.4.3 The User may not misuse the Service(s) for illegal or unauthorized purposes. It is strictly prohibited to use the account names or e-mail addresses of other Users without their express prior consent for the purpose of sending unsolicited e-mails, promotional messages or for any other commercial purposes.
9.4.4 Playsics is entitled to delete any content submitted by the User in culpable violation of the above-mentioned rules and regulations.
9.4.5 Playsics is especially entitled to delete any information in whole or in part which has been submitted by the User and which gives firm reasons to indicate a breach of these Terms and Conditions, the instructions and rules of the respective Service(s) or are otherwise in violation of applicable law. This, for example, includes but is not limited to:
- information which is obviously offensive, racist, fanatical, or glorifies violence;
- information which is of a molesting, insulting, threatening, obscene, defaming nature or is libelous to other persons;
- information which is sexist, pornographic or otherwise harmful to underage persons, or which contains links to websites unsuitable for underage persons;
- information which is false or misleading and/or which is intended to promote illegal activities;
- illegal or unauthorized copies or distributions of a work protected by copyright, for example by providing illegal computer programs or links to illegal computer programs, information on how to bypass copy protection measures, illegal copies of music, links to illegal copies of music or other copyright infringements;
- the sending of junk mails, chain mails and/or unsolicited mass mails, instant messages, spimming and spamming;
- limited-access pages or pictures which are hidden or password protected;
- promoting or endorsing criminal activities or providing instructions for committing criminal activities, including but not limited to information on the production or purchase of arms, child pornography, fraud, drug trafficking, gambling, stalking, spamming, spimming, distribution of computer viruses and other harmful files, copyright infringement, patent infringement and/or theft of trade secrets;
- soliciting other Users to disclose personal information for commercial or illegal purposes, or inducing them to disclose login data;
- promoting commercial or sales activities, such as contests, raffles, swapping offers, classified ads and/or pyramid schemes;
- providing picture(s) of another person without that person’s express consent.
9.4.6 The User is not entitled to demand that such deleted information be restored. Furthermore, Playsics is also entitled to exclude the offending User from continued use of the respective Service(s) and, in case of repeated infringements of the aforementioned prohibitions despite written notice, to terminate the User’s Account without prior warning. Playsics reserves the right to make any further necessary and additional claims, particularly the entitlement to damages.
9.4.7 The User will inform Playsics in case he/she becomes aware of an abuse of the Service(s) by other Users or third parties, such as making accessible or sending information which violates this Sect. 9.4. To ensure that effective measures can be taken, Playsics requests that such information be provided in writing (e.g. e-mail).
9.5 User’s Liability Regarding Uploaded Information
9.5.1 The User is solely responsible for any texts, files, pictures, photographs, videos, sounds, music, copyrighted or other material, information etc. (hereinafter “Uploaded Information”) which they upload to the Games or shares with other users. Playsics neither condones nor approves such information.
9.5.2 Playsics does not have control over the Uploaded Information. Playsics does not evaluate the Uploaded Information before it is made public. If Playsics learns that specific Uploaded Information is illegal, it will be deleted promptly.
9.5.3 Playsics disclaims any liability or warranty with respect to the Uploaded Information, especially regarding accuracy, completeness and reliability.
9.6.1 The User maintains all rights to the Uploaded Information. By submitting information to the Games or Service(s), the User grants Playsics a non-exclusive, revocable license, free of charge, to publicly offer, display, reproduce and distribute such information.
9.6.2 The User does not grant Playsics any further rights to the uploaded information. Playsics is not authorized to use or distribute uploaded information outside of the Games or Service(s).
9.6.3 By submitting information, the User acknowledges and accepts that uploaded information on the Games can be accessed globally through the Internet. With the uploading of such information, the User agrees to these conditions.
9.6.4 The aforementioned license ends at that time when the uploaded content has been deleted from the Games and the Services by the User.
10 Claims Based on Defects
10.1 Playsics grants the User access to the Games and Services in their current version only (Sec. 1.2). The User has no right to demand the maintenance or restoring of a particular version or range of functions of the Games and Services. The User acknowledges and agrees that the Games and Services provided by Playsics, as with any other software, can never be completely free of errors. Therefore, the Games and Services can only be considered to be defective if their playability or usability is affected severely and over a sustained period of time. The User shall document any faults in the Games and Services and/or other deliveries of Playsics, and to document them fully in writing along with a protocol of the error messages displayed. Before reporting a potential bug, the User shall consult the instructions for the Games and Services and any other troubleshooting tools provided by Playsics (especially frequently asked question lists and boards for troubleshooting). The User will use best efforts to support Playsics in any attempts to debug the Game or Service in question.
10.2 The User will notify Playsics in written form of any faults and without undue delay upon their discovery. To prove that the deadline has been met, it is advised to submit such reports in writing (fax, letter or e-mail) to Playsics.
10.3 Playsics is not liable for defects caused by external influences, faulty handling by the User, force majeure or changes or manipulations which are not performed by Playsics.
10.4 Playsics does not assume any guarantees or warranties.
11 Transfer of Private Information to Third Parties
11.1 Provided that Playsics offers its services free of charge, Playsics shall only be liable for intentionally caused damage or damaged caused by gross negligence. This, however, does not apply to liability regarding loss of life, bodily injury or damage to health, or the assumption of a guarantee offered by Playsics.
11.2 Should Playsics demand payment for services rendered, then Playsics shall be completely liable for intentionally caused damage, or damage caused by gross negligence. In the event of simple negligence, Playsics shall only be liable for breaches to substantial contract stipulations or breaches of a guarantee. Substantial contractual stipulations include those that enable the contract to be properly executed and on which fulfillment the User may rely. The above limitations of liability do not apply to liability regarding loss of life, bodily injury or damage to health, or the assumption of a guarantee offered by Playsics. Playsics's liability regarding the product liability act remains unaffected.
11.3 The liability for damages caused by breaches to substantial contractual obligations is individually limited to the foreseeable damage or loss.
11.4 The foreseeable damage or loss is limited to €200.00 for each account.
11.5 The above exclusion and limitation of liability also applies to the liability of Playsics staff members, employees, deputies and vicarious agents, especially pertaining to personal liability of shareholders, staff members, deputies, company bodies and their members.
11.6 Playsics is liable for consultation, only as far as the questions concerned deal with the content of the offer.
11.7 Playsics expressly distances itself from the contents of any and all third party pages, to which direct or indirect reference (also known as links) is made from within Playsics's offer. Playsics is in no way whatsoever liable for such content or pages. The providers of the respective sites are responsible for their content.
12 Final Clauses
12.1 Any and all changes, amendments or the termination of the contract, either partly or entirely, must be made in writing to be considered valid, including any provision to suspend or amend the requirement for using the written form.
12.2 The legal place of jurisdiction is the city Hamburg, Germany
12.3 The law of Bundesrepublik Deutschland applies exclusively to all contracts concluded by Playsics based on these Terms & Conditions and to any further kind of claims arising thereof.
12.4 If any provisions of these Terms & Conditions are invalid or become invalid, the validity of the other provisions shall not be affected.
Hamburg, 01. August 2013
CEO: Thomas Ratert
Court of registry: Amtsgericht Hamburg
Trade register number: HRB 127437
VAT number: DE 290352971
Your data is protected against unauthorized access and loss through the use of various electronic, technical, physical, administrative and contractual measures.
Playsics has taken the necessary technical and organizational precautions to ensure that the regulations for data privacy are respected both internally as well as by external service providers.
Collection of data
Playsics collects personal data
- provided by you upon registration at one of our websites or for one of our games;
- if these are provided by you during an inquiry;
- when these are provided by you for the use and payment of fee-based goods and services;
- at your request for the purpose of participating in promotions and surveys, or to receive newsletters.
Playsics also collects user data to the extent that it is necessary for the performance of services or for the billing of these services. This refers in particular to game processes, game scores and information regarding the use and settlement of services.
Within the context of the use of our websites, forums and games, Playsics collects the following non-personal information:
- IP addresses including time and date
- cookies, local flash data
- statistical information such as the browser type, operating system, redirecting URL, date, time, pages used, total time of use, frequency of use
This data is used in statistical analyses for anonymous data records.
IP addresses and the corresponding internet information are saved for a maximum of six months within the scope of our legal obligations regarding data storage. Furthermore, these are stored to secure data and ensure our system’s stability and reliability. In specific situations, Playsics may also use your IP address and the corresponding internet information to track and stop use of multiple accounts for fraudulent purposes. In cases such as these, Playsics will seek the consent for such use within the framework of the relevant game conditions.
Use of your data
We use your personal data
- to provide our services and settle payments;
- to anonymously or pseudonymously adjust our offer to meet our users’ demands and improve our services;
- to fulfill legal obligations, and in particular, to meet the requirements for preserving data.
We also use this information to communicate with you. This includes, in particular, the provision of assistance and support as well as the provision of important contract information. Subject to your consent, we keep you informed about news, events and promotions either via e-mail, phone call or text message.
We will treat your data with the strictest confidentiality and will not disclose it to any third parties, unless you have given us your express permission to do so. We may however be required by law to disclose your information in certain situations (such as to an investigating authority) where the transfer takes place only within the framework required by legal conventions. In individual cases, subsidiaries, parent companies or third parties may provide services on our behalf. This mainly concerns the handling of payment transactions by external service providers (Bigpoint, PayPal, Global Collect, etc.) and, in the case of default, by a debt collection company. Moreover, we provide your data to external companies, for marketing purposes, engaged in a contractual relationship with us to further develop and improve our games. These external companies are obligated to handle your data confidentially and securely, and may only use your data insofar as it is required for completing their directive.
Online Behavioral Advertising
The advertising on our websites will be optimized according to your predicted interests by collecting and processing anonymous data about your usage of our websites. To this end, third party companies place cookies on your computer to collect user data. The data collected is information when, for example, you navigate the pages of this online offer or click on ads. This allows us to analyze the use of online ads and to provide you with ads that could be of interest to you and correspond to your personal preferences (Online Behavioral Advertising). No personal information, such as name, address, e-mail address etc., will be collected. IP addresses are kept anonymous so that they cannot be allocated to any specific person. If you want to opt out of receiving Online Behavioral Advertising, you can block the placement of cookies on your computer by changing your browser settings so that it does not accept cookies.
Social Media Plugins
Embedded on our website are various Facebook links. This web presence is operated exclusively by Facebook Inc., 1601 S California Ave, Palo Alto, CA 94304, USA (Facebook). Within the scope of our web presence, these links are identified by the Facebook logo or by the phrase 'Like' (no Facebook plugins are used). Should a user click one of these links, then the Facebook plugins are activated and establish a direct connection via the user's browser to a Facebook server. Provided that the user clicks one of the aforementioned links while visiting our website, and is logged into their personal Facebook account, the information will be forwarded to Facebook that the user has visited our website. Facebook can associate your visit to the website to your account. This data is transferred to and saved by Facebook. To prevent this, the user must log out of their account before clicking the link. The functions embedded in the links by Facebook, especially the transfer of data and user information, are not activated by visiting our website, but rather by clicking the corresponding links. The purpose and scope of data collection via Facebook, the processing and use of such data, as well as your rights thereof and personal settings regarding privacy protection can be found in the Facebook privacy settings section (http://de-de.facebook.com/privacy/explanation.php).
Our web presence also employs the Google Plus "+1" link, which is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (Google). The link can be identified by the "+1" symbol against a white or color background. If the user opens one of our websites containing such a link, the user's browser establishes a direct connection to a Google server. The contents of the "+1" link are transferred directly to your browser, which then integrates said content in the webpage. We therefore have no control over the data whatsoever that Google collects via the link, but would expect user IP addresses to be collected. The purpose and scope of data collection via Google, the processing and use of such data, as well as your rights thereof and personal settings regarding privacy protection can be found in the Google privacy settings section http://www.google.com/intl/de/+/policy/+1button.html If a user is a Google Plus member and does not wish to have their data collected and linked to their saved Google member data via our web presence, the the user must log out of their Google Plus account before visiting our websites.
Right of revocation, deletion of data
If you have given us consent to process personal data, you can withdraw this consent at any time. Playsics deletes your personal data insofar as it is no longer needed or required, or if you have requested the deletion of this data. Please note that data cannot be deleted if there are legal storage requirements or this data is required by us for the billing of our services.
Information, viewing, and deletion of data
you can request to see data which we have recorded, as well as request to have this data changed or deleted. You may also send your request by standard mail to the following address:
. Please remember to provide your user ID, e-mail address and, if necessary, the relevant game name(s).
Hamburg, 01 August 2013