Terms and Conditions
General terms and conditions for Spinarena
(hereinafter Ously Games)
contents
- 1. Scope of application
- 2. Contract offer and conclusion of the contract
- 3. Cancellation policy
- 4. Accessibility
- 5. Details on the terms and conditions
- 6. Conditions of participation and rules of the game
- 7. Free Gaming, Paid Gaming, Virtual Currency
- 8. Term and Termination
- 9. User obligations and liability
- 10. Claims for defects
- 11. Limitation of liability
- 12 . Information on online dispute resolution
- 13 . Final provisions
- Scope of application
Ously Games (hereinafter also called "Operator") offers the online gaming platform Spinarena.net and the Spin Arena App (hereinafter " Game Portal "). Various online games (hereinafter also referred to as “slots”) and other services are offered on the portal. Among other things, z. B. the following services offered: to create a profile page and possibly participating in social media and forums, d as inserting media such as photos, games and other products. There are also other services such as the Acquiring it from virtual objects. The participants in the gaming portal are hereinafter referred to as "users".
The terms such as “games” or “services ” used in the general terms and conditions (hereinafter “GTC”) refer to the games and services offered by Ously Games.
The terms and conditions together with the data protection declaration and the imprint inform the user about the general conditions of the business relationship.
The contractual partner is Ously Games GmbH. The subsequent GTC regulate the use of the gaming portals and services. The use requires primarily an internet connection and a web-enabled s terminal, this may vary depending on devices used by the user Internet connection / terminal limitations in the functionality, performance or presentation optionally be. The terms and conditions do not provide the user with any information regarding the system requirements for using the gaming portal.
1.1 users
1.1.1 Ously Games offers the games and services exclusively to consumers in accordance with Section 13 of the German Civil Code (BGB). A use of the gaming portal for commercial purposes or other commercial purposes is excluded.
1.1.2 Persons who have reached the age of 18 at the time of registering for use are entitled to use the site.
1.1.3 By registering to use and / or installation of games or services explains the user explicitly his majority and his legal capacity.
1.1.4 The use of the gaming portal by users residing in Cuba, Iran, North Korea, Sudan and Syria is excluded.
1.2 Subject matter of the contract, use and modification of the games and services
1.2.1 The operator allows users within the existing technical and operational possibilities to participate in the Games and Services of the games portal.
1.2.2 Participation in the games and services is solely for the purpose of entertainment.
1.2.3 Ously Games maintains services on the games portal specific information and provides users with services that among others the service to create unique personal profiles that can be service users and viewed by a third party games users. After the registration of the nickname of the user , a pre-selected avatar image or the Facebook profile picture to other users of the gaming portal is visible.
As far as possible, the user can communicate with third parties via the game portal, exchange media content, publish comments, and submit reviews about games or other users.
1.2.4 The games and services are services provided by Ously Games, which consist of the provision of the software for the use of the game portal for the duration of the contract. Use is made possible by Ously Games making the application necessary for participation available online on the respective URLs of the games or services. Ously Games reserves the right to offer the games - possibly with a different range of functions - on data carriers that can be purchased. The sale of games in this regard is not subject to these terms and conditions.
1.2.5 All Spin Arena - Users must accept the terms and conditions and agree to these. If the user does not accept the terms and conditions, you may not use the gaming portal.
1.2.6 Registration takes place either by filling out the registration form on the gaming portal or via another website / landing page with a corresponding registration function. In addition, the option is to register network using the login function of social conduct. Ously Games reserves the right to make the activation of the account dependent on the activation of a confirmation link that is sent to the user by email. An account created on the gaming portal entitles the user under the conditions of No. 1.1 to use the games and services.
1.2 . 7 The user confirms that he has not previously been excluded from the services by Ously Games or a company affiliated with the operator. Only one registered account is permitted per user. Ously Games reserves the right to block further accounts of a user as unauthorized accounts
1.2.8 In order to offer the user the best experience, Ously Games uses various channels to obtain detailed bonuses, price reductions, trends and general knowledge about software updates, innovative slots, in-game activities, changes in user status or upcoming activities and adjusted prices attentive to make . These channels include, but are not limited to:
Email: specified when registering through Facebook, Apple or email. The user can turn off this communication channel on the gaming portal at any time.
Push notification: the user can switch this feature on and off on the website / in the application.
App: general notifications, news via inbox or in the shop.
Further details on marketing communication and user rights can be found in the data protection declaration.
1.2.9 In the event of a breach of the terms and conditions, Ously Games is entitled to temporarily or permanently exclude the user from participating in different or all services and from using different or all content. In such a case, no withdrawals whatsoever can be carried out for virtual currency won or purchased by the user.
1 . 2.10 Ously Games is entitled to a monthly maximum limit for the user performed purchases.
1.2.11 The User has his Facebook login information, possibly Apple login credentials or his e-mail address against any unauthorized access by third parties secure. Any activity with respect to the use of the registered account is assigned to the user.
1.2.12 The games portal is only available to people who at the time of registration , have reached the minimum age of 18 years. The game portal is exclusively intended for entertainment purposes. The operator does not knowingly collect any information in connection with persons under the age of 18. If the user intentionally provides incorrect information about his or her age, this represents an obvious violation of the terms and conditions and entitles Ously Games to close the user account immediately and to stop all services for the user.
1.2.13 Likewise, the operator is free to discourage any user who cancels payments, enters incorrect payment data, sends incorrect information during registration , is offensive, defamatory, racist or in any other form discriminatory against or against other users, Ously Games employees or Ously Games expresses this, be it in the chat, via e-mail, in the social media or in any other way and location , to temporarily or completely block and exclude it from the services. This also applies to all other violations of the terms and conditions and the rules of the game or conditions of participation. Any claims against Ously Games for participation in games, winnings, prizes, accounts, credit, payments made and all other claims arising from this expire if the user violates the terms and conditions.
1.2. 14 After creating the account, the user can participate in the respective game or service by calling up the game portal or the respective URL and then logging in.
1.2. 15 The use of games and services is only by means of an Internet browser or special, from Ously Games for readiness asked or expressly approved application admissible ("prohibition of the use of non-authorized scripts"). This means in particular: The use of programs that place an excessive load on the server is not permitted. The use of software to systematically or automatically control games or individual game functions (like bots, macros), for the reproduction or Analysis of games, game elements or on the games portal content posted is not allowed.
1.2.1 6 It is not permitted to exploit errors / bugs in programming, transmission or any other cause for your own purposes. Errors / bugs that are recognized by the user, must promptly inform the support after detection. Advantages that result for the user from errors and bugs are void and do not justify any claim for the user. The operator is entitled to decide at its own discretion how to deal with these advantages for the user.
1.2.17 The user has no right to open an account or to publish any content on the gaming portal.
1.2.1 8 The current technical and other requirements for the use of the games and services can be found in further information on the games portal or the games websites.
1.2.1 9 The games and services are continuously updated, adapted, expanded and changed. Accordingly, the user only receives one right of use for the respective game and the services in the current version.
1.2. 20 The use of games in its basic version is free of charge for the user. Unless the descriptions of the respective services isn’t mentioned, the use of the Services is free.
1.2. 21 The user has no right to maintain the games or services in the version existing at the time the contract was concluded. The operator reserves the right to discontinue the operation of a game or services without cause at any time.
1.2.22 By accepting the terms and conditions, the user confirms their full knowledge and consent, including the data protection declaration and the cookie policy, which are part of the terms and conditions.
- Contract offer and conclusion of the contract
2.1 By submitting the registration form, the user submits a binding offer to conclude a games and service usage contract. For this purpose, all data fields marked as necessary on the registration form must be filled in completely and correctly.
2.2 The contract between Ously Games and the user comes into existence with the acceptance of the game and service usage contract by Ously Games. The contract can be accepted either expressly or through the first act of performance, in particular through the provision of the game or service.
2.3 If the creation of an account is necessary for the use of a game or service, Ously Games will immediately confirm access to the game and service usage contract electronically to the email address provided by the user. The confirmation of receipt does not represent a binding acceptance of the user application, but it can be combined with the declaration of acceptance.
3. Cancellation policy
3.1 The right of withdrawal gives consumers in Europe the opportunity to withdraw from a contract within 14 days of its entry into force. Since you can use our service immediately after registration, we do not offer a right of withdrawal. Ously Games does not offer a right of withdrawal in any European country, but you can cancel at any time.
- . After registering, the user acknowledges that he has waived his right of withdrawal.
- Accessibility
Ously Games guarantees that the games and services can be reached by eighty-five percent on an annual average. This does not apply to times when the servers of the game portal or the games cannot be reached via the Internet due to technical or other problems that are beyond the control of Ously Games (force majeure, fault of third parties, etc.), and times in which routine maintenance work is carried out. The liability of Ously Games for non-availability of the games and services in the event of willful intent and gross negligence remains unaffected. Ously Games can restrict access to the services if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data make this necessary.
5. Details on the terms and conditions
5.1 These terms and conditions apply to every activity that is carried out on the gaming portal, in particular to every participation in the games or use of the services. The terms and conditions can be printed out by the user or saved on a permanent data carrier before the user application is sent.
5.2 Ously Games reserves the right to change or add to the terms and conditions at any time with effect for the future, provided this appears necessary and the user is not disadvantaged by this contrary to good faith. A change may be necessary in particular (a) to adapt to a change in the legal situation, (b) in the event of changes in the highest court rulings, (c) due to technical necessity, (d) to maintain operations, (e) in the event of changes in market conditions , (f) for the benefit of the user.
5.3 A change or addition to the General Terms and Conditions will be announced in a suitable text form at least four weeks before they come into force. The notification of the change to the GTC is usually sent by email or on the game portal or the games website or within the games, but in any case by a conspicuous announcement the next time the user logs in.
5.4 The user has the right to object to changes or additions to these terms and conditions within four weeks of publication and the possibility of notifying Ously Games. In the event of a timely objection, both parties have the right to extraordinary termination of the contract in accordance with the termination provisions of this contract. Other termination rights remain unaffected. If the user does not object within the objection period of four weeks or if he continues to use the services after this period has expired, the change or addition is deemed accepted and becomes part of the contract. The provisions of 5.1. apply accordingly.
5.5 When informing the user about the changes or additions to the GTC, Ously Games will specifically point out the possibility of objection and termination, the deadline and the legal consequences, in particular in the event of no objection.
5.6 Unless otherwise stipulated in these Terms and Conditions or another agreement with the user, Ously Games normally communicates with the user by email. The user ensures that he will be contacted by Ously Games through emails that are sent by Ously Games to the email address that he provided when registering or that are later sent to Ously Games. Among other things, it ensures this through appropriate settings in the anti-spam filter and regular checking of this address. Ously Games reserves the right to choose another suitable form of correspondence.
5.7 Every time the user contacts Ously Games, he must indicate which game or service and which game or service account his request relates to.
6. Conditions of participation and rules of the game
6.1 In addition to these terms and conditions, separate game rules or conditions of participation may apply to the game in question or the use of a service. Unless expressly stated otherwise, in the event of a contradiction between these Terms and Conditions and the Rules of the Game or the Conditions of Participation, the provisions of these Terms and Conditions governing the contradicting circumstances take precedence. Special terms of use may also apply to individual games, special variants and / or components of the games and individual service offers on the gaming portal. The user will be informed in a suitable form before making use of the corresponding offer.
6.2 The user is aware that he can play with other users or communicate with other users of the service on the game portal. In order to enable a successful interaction, compliance with the rules is necessary.
6.3 The user must refrain from anything that disrupts the operation of the games and services and the successful interaction with regard to Section 6.2.
7. Free Gaming, Paid Gaming, Virtual Currency
7.1 Online Games
7.1.1 Basic version
Ously Games makes the games available to the user as soon as an account is created (see 1.2 above). In this case, the user initially only has access to a basic version. Setting up an account and using the basic version are free. The basic version is (without prejudice to Ously Games' right to interrupt the game) not limited in time and fully playable. However, it is possible that the basic version does not provide the user with all functions.
7.1.2 Premium Features
The user has the option, for a fee, of receiving features that are not available in the basic version (hereinafter referred to as "premium features"). Different premium features can be offered for different games. The premium features offered, their prices, functions and requirements can be found on the website of the respective game. Depending on the feature and price of the premium features, these can be one-off payments, a surcharge on a credit that can be used for certain functions in the respective game according to its rules, or payments over a certain period of time (e.g. day, week, month, Quarter, semester, year). All prices are gross prices, including all taxes. The games are constantly being developed. Ously Games therefore reserves the right to offer new premium features at any time. As part of the adaptation and further development of the games, Ously Games also reserves the right to no longer offer certain premium features or only to offer them in the free basic version (see 7.1.1 above). Any right to a refund of the fees paid by the user for these functions is excluded. In the case of a permanent suspension of a game of the "Ously Games" section 1.2.21 applies. If access to the individual games is available through downloadable software for mobile phones, the rules for premium features apply to the costs incurred.
7.1.3 Subscription / Automatic Renewal
If payments for premium features are to be made for a certain period of time, the user must take out a subscription that is automatically renewed unless the user cancels it in accordance with Section 8.2 at the end of the respective period. The conditions of the subscription can be found in the game rules or the conditions of participation applicable to the game in question.
7.1.4 Terms of payment, due date
Ously Games is entitled to charge a service fee in advance for the use of premium features (see 7.1.2 above). The service fee is due upon conclusion of the contract and will be debited from the bank account or credit card specified by the user, unless the user chooses another payment method (e.g. premium SMS, PayPal). The amount to be debited is indicated on the credit card or bank statement as "www.spinarena.net" or "Ously Games" or "Spin Arena". If alternative payment methods are used, the name may be different.
7.1.5 Price adjustments
Ously Games is entitled at any time to reduce or increase prices permanently or for a limited period of time and to offer new products, services or billing methods permanently or for a limited period of time. The contractual relationship is then continued at the changed conditions / prices, without prejudice to the rights of the user in accordance with Clauses 8.2 and 8.3.
7.1.6 Adjustments to the subscription tariffs
Ously Games is entitled to adjust the contractually agreed service tariffs for subscriptions in accordance with the following provisions: The user will be informed of a price change in writing or by email at least four weeks before it comes into effect. The user has an extraordinary right of termination of four weeks at the time of the price change from the date of notification. Ously Games will refer to this right in the announcement. If the user does not exercise this right, the price change is considered approved. Price reductions usually take effect on the date announced for the next billing cycle.
7.2 Default in Payment
In the event of default in payment, Ously Games is entitled to charge interest at the statutory rate. Ously Games is also entitled to suspend the services or to immediately block the user's accounts in the event of non-fulfilment. There will be no service charge for subscriptions that are closed during the period of suspension.
7.3 Chargebacks, cancellation fees
If Ously Games incurs cancellation fees in the case of transactions that are cancelled through the fault of the user or through circumstances for which the user is responsible (including, for example, insufficient funds in the user account), the user must either pay the cancelled transactions to Ously Games will bear the costs passed on. Ously Games is entitled to claim these costs from the user together with the original amount. In all cases, the user is free to prove that no damage has occurred or that the damage was significantly lower.
7.4 No guarantee of profit
Ously Games does not guarantee the user any winnings. In particular, users are not entitled to the payment of a prize or a prize, unless such a claim is expressly mentioned in these terms and conditions or in the conditions of participation on the respective game portal or the website of the game or service. A claim to the payment of a prize in the context of a competition can only exist if such a prize was expressly offered by Ously Games. A claim does not exist even if Ously Games determines that the possible claim to a prize could be due to manipulation - technical or legal - or to criminal manipulation in general. By participating in the games of Ously Games, the user accepts that Ously Games can at any time request a thorough investigation of the legality of a price claim and in the meantime refuse to pay the price without the separate consent of the user . The right to a prize is also lost if the user violates the rules of the game.
7.5 No set-off, rights of retention, prohibition of assignment
The user can only offset against claims by Ously Games with undisputed or legally established counterclaims. The user can only exercise a right of retention if his counterclaim is based on the same contractual relationship. The assignment of the user's rights against Ously Games to third parties is excluded.
7.6 Service
Unless otherwise stated in the service description, the services are free of charge. In addition, clauses 7.1 to 7.5 apply accordingly to paid services.
7.7 Ously Games offers the user the opportunity to purchase and use so-called virtual currency on the game portal. The user can purchase the virtual currency in a shop for a fee. The user can also receive the virtual currency for free.
7.8 The purchase of the virtual currency only entitles the user to use it within the framework of the gaming portal and in accordance with the conditions applicable to them. Any other rights obtained in the virtual currency, such as ownership rights or refund claims, cannot be acquired. The only object of the purchase is a right to use the purchased virtual currency, which is limited in terms of time, content and location, in connection with and within the scope of the respective game or slot machine function.
7.9 Regardless of the terminology used on the gaming portal or in the respective slot machine game, the purchase of the virtual currency entitles the holder to acquire an exclusive right to use this virtual currency in accordance with the GTC. Refunds, withdrawals, or compensation in the form of real money are excluded. If the terms and conditions are violated, Ously Games is entitled to revoke the rights of use granted for the virtual goods or currencies in whole or in part and to declare them null and void. If this contractual relationship is terminated for whatever reason, all rights to use the virtual currency on the gaming portal expire. The virtual currency credit that is available to the user at the time of termination is deleted. The user is not entitled to any compensation or payment.
7.10 If the use of the gaming portal is not permitted by law in the country in which the user is resident, the user may not use the gaming portal. The virtual currency used on the gaming portal may only be purchased by users who are resident in countries in which the purchase of virtual currencies is permitted.
7.11 The user is expressly prohibited from transferring his virtual currency to third parties. In addition, it is not permitted to buy, sell or exchange virtual currencies outside of the gaming portal. Any violation of these provisions is a violation of the Terms and Conditions and will result in the closure of the account and the termination of the services of Ously Games.
7.12 The game portal services, all data on the Ously Games servers and all user content are the exclusive and unrestricted property of Ously Games.
7.13 The available virtual currency is displayed on the gaming portal. Ously Games reserves the right to change, limit and / or permanently expand the offer of virtual currency and to adjust the prices for virtual currency at any time and without giving reasons. In addition, Ously Games has the right, at its own discretion, to no longer offer the virtual currency or to offer it for free or for a fee. If Ously Games exercises this right, there is no obligation towards the user. The user is not entitled to compensation if the virtual currency is no longer offered on the gaming portal or if it is only offered to a limited extent or under changed conditions. This applies to virtual currency that is offered for free, both temporarily and permanently. In addition, Ously Games has the right to delete the player account and history of the associated player or any other virtual currency at any time and without giving reasons. In such a case, the user is entitled to terminate the contract with immediate effect. Further claims by the user are excluded.
7. 14 Payment for the virtual currency is processed by third-party payment service providers, for example via the Google Play Store or the Apple App Store.
7.15 The purchase currency of the virtual currency used on the gaming portal depends on the payment service provider through which the payment is made in the Google Play Store or Apple App Store, as well as the user's country of origin.
7.16 The payment for the virtual currency used in the gaming portal is complete as soon as the payment amount has been irrevocably credited to the account of the third party. All account and / or financial transactions are verified by Ously Games without any obligation. All suspicious accounts and / or monetary transactions will be reported to the appropriate authorities.
7.17 Ously Games reserves the right to refuse the allocation of virtual currency or to limit it in relation to the number of virtual currencies or the maximum total amount. If there is a suspicion of fraud or a violation of the law / these terms and conditions, Ously Games has the right to suspend the purchase process and related payment transactions until the issue is resolved.
7.18 In some slots on the gaming portal, stakes, account balances and other units are shown in euros, dollars or other currency symbols. Ously Games points out that regardless of the graphic display, no real money payouts are possible and that Spinarena only uses virtual currency to play.
8. Term and Termination
8.1 Term
Contracts between the user and Ously Games are concluded for an indefinite period, unless otherwise stated in the Ously Games offer.
8.2 Ordinary termination
Each party has the right to terminate the contractual relationship without giving reasons as follows:
8.2.1 If no fixed term has been agreed for a contract, both parties have the right to terminate the contract at any time with immediate effect.
8.2.2 If a specific term has been agreed for a contract (e.g. game or service user contract or contract) for the use / provision of premium features (see also sections 7.1.2 and 7.1.3), this contract is extended after the expiry of the same term automatically until the user cancels the subscription at the end of the respective term.
8.3 Termination for an important reason
8.3.1 The right of the parties to terminate the contract at any time for good cause is not affected by the above provisions.
8.3.2 Ously Games is entitled to terminate the contract for good cause if:
a. the user culpably violates the law, these terms and conditions, the rules of the game and / or the conditions of participation and does not repeatedly behave in the same or similar manner despite a warning;
b. the user violates these terms and conditions, the rules of the game and / or the conditions of participation and does not repeatedly behave in the same or similar manner despite a warning;
c. the user violates these terms and conditions, the rules of the game and / or the conditions of participation and does not repeatedly behave in the same or similar manner despite a warning;
d. the user violates these terms and conditions, the rules of the game and / or the conditions of participation and does not repeatedly behave in the same or similar manner despite a warning;
e. the user violates these terms and conditions, the rules of the game and / or the conditions of participation and does not repeatedly behave in the same or similar manner despite a warning. the user is in default of paying costs of at least EUR 15.00 and fails to pay despite two reminders; c. the user does not pay the costs of at least EUR 15.00;
d. the user does not pay the costs of at least EUR 15.00 and, despite two reminders, does not pay the costs of at least EUR 15.00. Third parties (e.g. operators of social networks) via the registration function of the user who accesses his account with the provider, request the provider to delete the user's data and / or to take similar measures, provided that another form of access is available for the Provider would be unreasonable; d. Third parties ( e.g. social network operators) restrict the provider's access to the data through the registration function of the user who accesses his or her account with the provider, if another form of access would be unreasonable for the provider.
8.3.3 In the event of serious violations, termination without notice is permitted. A serious breach is one that Ously Games cannot reasonably be expected to comply with the contract. This is usually the case
a. if the user violates criminal law;
b. if the user uses the account, a game or services in an improper manner;
c. if the user provides incorrect data when registering or paying for paid services.
8.3. 4 If Ously Games is responsible for the extraordinary termination and the user still has virtual currency for a game or services on his account, Ously Games will credit the user with the virtual currency for a game or services that the user has requested and which Ously Games are offered. A cash refund is not possible.
8.3. 5 Ously Games has a special right to terminate the registration of the user for the games or services in the event that Ously Games loses the right to operate the games or services, e.g. for regulatory reasons or due to the termination of the corresponding license agreement between Ously Games and the respective licensor. In this case, Ously Games can retain all contracts that relate to the operation and use of the game or the services (e.g. the user agreement, the agreement on the provision and use of virtual currency or premium features) at the time the game is stopped terminate extraordinarily. The provisions of Section 8.3 then apply. 4 Other termination rights.
8.3. 6 Virtual currency or premium functions made available free of charge are generally excluded from reimbursement.
8.4 Termination in writing
The termination must be in text form to be effective (e.g. e-mail).
9. User Obligations and Liability
9.1 Obligations
The main obligation of the user is to pay a certain fee, unless he is using the free basic version of the game or the services (see section 7 above). In addition, the main obligation of the user is to comply with the applicable rules of the game as well as the obligation to provide correct and complete information that Ously Games requires from the user when concluding a contract or during the course of the contractual relationship. The user therefore ensures that the personal data provided by the user in the context of the contract offer or the conclusion of the contract or in the course of the contractual relationship as well as other contract-relevant circumstances (in particular payment data) are complete and correct. The user undertakes to inform Ously Games immediately of any change in the data; the user must confirm the data when asked to do so by Ously Games. The user is obliged to adhere to the rules of the game. In the event of non-compliance, Ously Games is entitled to block the contractual services and deliveries immediately and without prior notice and to terminate the contract.
9.2 Installation of software
Ously Games is not liable for any damage or loss of data that may result from the installation of software that does not originate from Ously Games on the user's computer.
9.3 Other obligations of the user
9.3.1 Ously Games provides online games or services for use via a web browser. Software that is required locally on the user's computer (in particular the operating system and web browser, and possibly also plug-ins such as Flash or Java) is not made available or installed by Ously Games. Ously Games does not support this either. It is the responsibility of the user to keep the computer in a state that allows the use of operator’s games. As a result, Ously Games does not offer technical support for the installation of locally required software.
9.3.2 The user undertakes to treat the access data (login data, passwords, etc.) that he receives from Ously Games for access to his games or services as strictly confidential. The user will inform Ously Games immediately as soon as he becomes aware of it or has the suspicion that unauthorized third parties have gained knowledge of the access data. In order to preserve evidence, it is recommended that the user do this in writing (e.g. by email). If a third party uses an account after having received the access data because the user has not adequately protected the access data from unauthorized access, the user must, because of the risk of uncertainty he created, who acted on the account in question and Anyone who can be held liable in the event of a breach of contract or other legal violations can be treated as if they had acted themselves. Ously Games is entitled to regard every access with the user's data as access by the user himself. Ously Games emphasizes that passwords have to be changed regularly for security reasons. The user is solely responsible for the use of his account.
9.3.3 In the event of a justified suspicion that access data has been passed on to unauthorized third parties, Ously Games is entitled, but not obliged for security reasons, to change the access data independently or to block the use of the account at its own discretion and without prior notice. Ously Games will immediately inform the authorized user of these changes and, upon request, provide the new access data within a reasonable period of time. The user is not entitled to request the restoration of the original access data.
9.3.4 The user is not entitled to sell his account to third parties or to pass it on or lend it in any way.
9.3.5 Ously Games protects its systems from virus attacks. However, a virus attack can never be completely ruled out. In addition, it is possible that unauthorized third parties send e-mails using the name "Ously Games" without their consent, which for example contain viruses or spyware or links to web content with viruses or spyware. Ously Games has no influence on this. The user will therefore check all incoming e-mails sent by Ously Games or allegedly sent on their behalf for viruses. This also applies to emails from other users of the games or services.
9.3.6 The user follows the instructions of Ously Games and its employees, agents and assistants. This applies in particular to the instructions of the administrators and moderators of a forum that belongs to the game or service in question.
9.3.7 The user undertakes under no circumstances to use the account, player name or password of another user.
9.4 Obligations of the user regarding the information published by him or her.
9.4.1 The user must carefully select the information that he publishes on the gaming portal and makes available to other users.
9.4.2 The user undertakes not to distribute any content (e.g. images, videos, links, names, words) with advertising, political, religious, abusive, harassing, violent, sexist, pornographic or other content, person or representation that is morally reprehensible or offensive, in particular racist, right-wing extremist or left-wing radical, in the context of the services. In addition, the user undertakes not to use any terms, names, images, videos, music, games or other legally protected material. In case of doubt, the user must immediately remove all content that is the subject of a complaint by Ously Games. Ously Games also has the right to remove this content itself. The user will always comply with all applicable laws and regulations, especially those that relate to the protection of minors, data protection, protection of personal rights, protection against insults, copyright, trademark rights, etc.
9.4.3 The user is not permitted to use the services for illegal or unauthorized purposes. In particular, he is not permitted to use the names of players or the e-mail addresses of other users for sending unsolicited e-mails, advertising messages or for other commercial or commercial purposes without their prior consent.
9.4.4 A culpable breach of the above obligations entitles Ously Games to delete the information published by the user themself.
9.4.5 In particular, Ously Games is entitled to delete all or part of the information published by the user if there are concrete indications of a violation of these terms and conditions as well as the instructions and rules of the respective services or if this information is otherwise unlawful. This is the case, for example, with information that: a. are obviously offensive, racist, fanatical, glorifying violence; b. harass another person or is abusive, threatening, obscene or defamatory; c. are not intended to be used for any other purpose. are sexist, pornographic or otherwise harmful to minors or contain a link to an adult website; d. contain false or misleading information; promote illegal behaviour; e. constitute an illegal or unauthorized copy or distribution of the copyrighted work; z. Contains an illegal or unauthorized copy or distribution of the copyrighted work; They contain information on how copy protection devices and illegal copies of music or links to illegal copies of music can be circumvented or otherwise violate copyright laws by providing illegal computer programs or links to illegal computer programs; f. Sending "junk mail", "chain letters", unsolicited bulk mail or distributing spam; G. Encouraging or inciting criminal activity or planning or instructing or in any way inciting any illegal activity or otherwise information for the manufacture or purchase of weapons, child pornography, fraud, drug trafficking, gambling, harassment, spreading of computer viruses, spam and other harmful files, Contain copyright infringement, patent infringement or trade secret theft; H. Asking other users to provide personal information for commercial or illegal purposes or login information; i. include commercial activities or sales such as contests, raffles, trading, advertising, pyramid schemes; j. insert a picture of another person without their consent.
9.4.6 There is no right to retrieve deleted information. In addition, Ously Games is entitled to exclude the user from further participation in the relevant services in the event of a violation of the above provisions and to terminate the user's account without notice. Ously Games expressly reserves the right to assert further claims, in particular claims for damages.
9.4.7 The user will inform Ously Games if he becomes aware of any misuse of the services by third parties or other users (e.g. distribution and sending of content that is prohibited in accordance with Section 9.4.5). In order to ensure more effective intervention, the user is asked to do so in text form (e.g. by email).
9.5 Liability of the user for any information he has posted
9.5.1 The user is responsible for texts, files, images, photos, videos, sounds, musical works, works protected by copyright or other materials, information etc. that are not protected by copyright. (hereinafter referred to as "displayed information") that he makes available on the gaming portal or that he exchanges with other users. Ously Games does not accept or accept such content.
9.5.2 Ously Games has no control over the information displayed on the games portal. Ously Games will not verify the information prior to publication. However, if Ously Games becomes aware of illegal information that has been published on the gaming portal, it will remove it immediately.
9.5.3 Ously Games declines all responsibility for the published content, in particular with regard to the correctness, completeness or reliability of the content, materials or information.
9.6 Copyrights
9.6.1 The user retains all of their rights to the information published by them. By publishing information on the game portal or its games or services, the user grants Ously Games a non-exclusive, free license, which can be revoked at any time, to publicly present, publicly display, reproduce and distribute this content on the game portal or the game pages.
9.6.2 In addition, Ously Games has no right to use the information provided by the user. Ously Games is not authorized to distribute the information published outside of the game portal or the corresponding game page of the games and services.
9.6.3 The information displayed by the user on the gaming portal can be accessed by third parties worldwide via the Internet. By providing the information, the user agrees to this. 9.6.4 This license loses its validity if the user deletes the content of the gaming portal and its services.
10. Claims for defects
10.1 Ously Games enables the user to access the games and services in their current version (Clause 1.2). The user has no right to the maintenance or creation of a certain state / functionality of the games or services. The user is aware that the games and services - like any software - can never be completely error-free. Games or services are therefore only considered defective if their playability or use is severely and permanently impaired. Any defects that the user discovers in the games, services or other services or deliveries from Ously Games must be clearly documented and reported to Ously Games in a suitable form (e.g. as text by e-mail or via the contact form) with a record of all error messages displayed to ensure proof. Before reporting a bug, the user will consult the game or service manual and any other help provided by Ously Games to solve the problem (including lists of frequently asked questions, problem discussion forums). The user will support Ously Games to the best of their ability if the deficiencies are rectified.
10.2 The user is obliged to report detected and documented defects within the meaning of paragraph 10.1 to Ously Games within 14 days after the defect occurred or Ously Games was made aware of it.
10.3 Defects caused by external influences, operating errors for which the user is responsible, force majeure or changes or other manipulations not carried out by Ously Games are generally excluded from the guarantee.
10.4 Ously Games does not offer any guarantees in the legal sense.
11. Limitation of Liability
11.1 The user is liable to the third party directly and personally for any infringement of third party rights for which he is responsible. The user undertakes to compensate Ously Games for all damages resulting from non-compliance with the obligations arising from these terms and conditions. The user will exempt Ously Games from all claims that other users or other third parties may assert against Ously Games due to the violation of their rights through the content published by the user or due to the violation of other obligations. The user also bears the costs for the necessary legal defence of Ously Games, including all legal and legal costs. This does not apply if the user is not responsible for the violation.
11.2 Insofar as Ously Games provides its services free of charge, Ously Games cannot be held liable in any way for damage that is not due to gross negligence or intent. However, this does not apply to liability in the event of injury to life, limb or health or in the event of a guarantee given by Ously Games.
11.3 Insofar as Ously Games demands remuneration for its services, Ously Games has unlimited liability in the event of wilful intent or gross negligence. In the case of slight negligence, Ously Games is only liable in the event of a breach of essential contractual obligations or a breach of a guarantee. Essential contractual obligations are those obligations that enable the proper execution of the contract in the first place and on which the user can rely. The above limitations of liability do not apply to liability in the event of injury to life, limb or health or in the event of a guarantee by Ously Games. The liability of Ously Games according to the Product Liability Act or according to § 44a of the Telecommunications Act remains unaffected.
11.4 The above exclusions or limitations of liability also apply to the liability of the employees, workers, employees, representatives and vicarious agents of Ously Games, in particular for the benefit of the shareholders, employees, representatives, organs and their members with regard to their personal liability.
11.5 Ously Games is only liable for advice if the question asked relates to the content of the offer.
11.6 Ously Games expressly distances itself from the content of all pages to which there are direct or indirect references (so-called "links") to the Ously Games offer. Ously Games declines all responsibility for this content and pages. The providers of the respective pages are responsible for the content of these pages.
1 2 . Information on online dispute resolution
1 2 .2. The e-mail address of Ously Games can be found in the legal notice. We are neither obliged nor willing to participate in the dispute settlement process.
1 3 . Final provisions
13.1 The users are not entitled to transfer their rights from this contractual relationship to third parties. Something else only applies if Ously Games agrees to this in writing or in text form beforehand. Ously Games is entitled to transfer the rights and obligations resulting from this contractual relationship to a third party. The user will be informed of the transmission at least four weeks in advance by announcement on the game portal and / or by email. The user has the option of terminating the use of the games and / or services without observing a deadline. This does not give rise to any entitlement to a refund of the contributions paid by the user.
13.2 For contracts concluded on the basis of these terms of use and related claims, the law of the Federal Republic of Germany applies exclusively to the exclusion of the UN sales law. If the user has concluded the contract as a consumer, the mandatory consumer protection provisions that apply in the country in which the user is habitually resident are also applicable, provided that they grant the user further protection.
13.3 Should individual provisions of these terms and conditions be or become ineffective, this does not affect the effectiveness of the remaining provisions.
Frankfurt, August 15, 2020
Ously Games GmbH
Berger Str. 188-190
60385 Frankfurt am Main
Germany
Tel .: +49 69 944 111 80
Fax .: +49 69 944 111 81
Email : info@ouslygames.com
Web: www.ouslygames.com
Place of business: Frankfurt am Main
Register court: District court Frankfurt am Main
Commercial register entry no .: HRB 111552
Managing director: Jens Kleemann