- Super Crowd Entertainment GmbH, Papenstraße 27a, 22089 Hamburg, Germany (“We”) provides you (“User”) with the digital Indie Arena Booth as a game via the Internet (“Game”). The Game is accessible via browser.
- We are entitled to make changes to the Terms and other conditions with effect for the future. We will only make these changes for valid reasons, especially due to new technical developments, expansions of our services, changes in laws or jurisdiction or other equivalent reasons. If the contractual balance between you and us is significantly disturbed by the change, the change will not be made. In all other respect changes require your consent. As a User, you agree to be informed about changes to the terms and conditions when you log in, via in-game messages or via e-mail to the e-mail address you last provided. They are considered approved if you do not object in writing or in text form (e.g. by e-mail or fax) within 8 weeks after receipt (“objection period”). We will point this out separately in the notification of change. It is recommended that you as a User send us your objection in writing or by e-mail. If you as a User do not object to the amended Terms within the objection period or if you continue to use the Game despite receipt of the notification of change, the amended or supplementary Terms will become effective for you. If you as a User object within the time limit, you are entitled to terminate the contractual relationship and delete the account just like we are. In the notification of the changes, we will make special reference to the possibility of objection and termination, the deadline and the legal consequences, especially with regard to an omitted objection.
2 Conclusion of contract
- You as a User can conclude a contract with us for the free use of the Game via browser (“License Agreement”) The License Agreement may be terminated by us and by you at any time without cause, and the Services may be terminated at any time without cause.
- We offer our Game only to persons who are at least 1816 years old. Persons younger than that may not use our Game.
- The License agreement for a free use of the services via browser comes into effect with the access of the data from the registration form you filled out and sent to us and the activation of the account by us and your acceptance of these Terms. The license agreement is free of charge.
- As a user you have the option to use the services of our cooperation partners. In these cases, a separate contract will be concluded between you and our cooperation partner, which is based on special terms and conditions, which will be communicated to you by the cooperation partner before the conclusion of such contract.
- You may choose a name for the participation in the Game (“User name”). You have no right to be assigned a specific User name. You can also create an avatar that you use in the Game.
- We are entitled to change or delete the User name you have chosen for technical, ethical or legal reasons without your consent.
- With the License Agreement you will receive a User account (“Account”). In this account you can manage your data.
- You commit yourself as a User to keep login data, passwords and access data (together “Access Data”) for your account secret and to inform us immediately as soon as you become aware or suspect that unauthorized third parties have knowledge of the access data. In this case you will change your data or have them changed by us. In such a case we also have the right to temporarily block your access. You are to be re-admitted for use as a User as soon as the suspicion of misuse of the access data by you or third parties has been eliminated at our discretion.
4 Required technical equipment and service content
You may only use the Game using software installed locally on your computer, tablet, smartphone or other device (“Device”) and an Internet connection. This includes an Internet browser, an Internet connection, an operating system, any plug-ins. The costs for this software and its use as well as the costs arising from the Internet connection are borne by you.
5 User obligations
- You are not authorized as a User to use mechanisms, software, programs or other routines that could interfere with our systems.
- It is prohibited to use software that enables “data mining”.
- You as a User are responsible for the truthfulness and completeness of the information you provided during registration. You undertake to inform us immediately about any changes in the data and to confirm the correctness of the data on request.
- You undertake to comply with the provisions of these Terms and to obey our instructions and those of our employees and our vicarious agents. This includes the instructions of the administrators and moderators.
- You will refrain as a User from everything that endangers or disturbs the operation and functioning of the Game and the flourishing cooperation of the users among themselves. You are especially prohibited,
- to choose a User name that violates the rights of third parties (especially copyrights, personal rights, trademark rights, company rights, etc.) or offends against common decency, e.g. violates the religious feelings of third parties, is racist or discriminatory We expressly distance ourselves from such behavior.
- commit identity theft,
- to use, post, publish or link to any material on any third-party website that is harassing, threatening, harassing, abusive or defamatory, whether such content is directed at other users, our employees or any other person or entity,
- discriminating contents (e.g. hate speech against groups of people, especially on the basis of race, ethnic origin, religion, disability, gender, age, veteran status or sexual orientation), political, immoral, pornographic, morally reprehensible, offensive, violent, violence glorifying violence, sexist, right-wing or left-wing extremist content or against laws, in particular youth protection laws and the Interstate Treaty on the Protection of Minors in the Media, to use, post, publish or link to corresponding material on a third party website or to advertise, offer or distribute such content or products that violate laws, in particular youth protection laws,
- to violate applicable laws, or to request or link to corresponding contributions
- to publish, reproduce, make publicly available or distribute protected content, in particular to violate industrial property rights (e.g. copyright, trademark, patent, design or utility model law)
- undertake or promote anti-competitive activities, including progressive customer acquisition (such as chain, snowball or pyramid schemes)
- to reproduce or make publicly available a picture of another person without the written consent of the person concerned
- to publish personal data and confidential information without being authorized to do so
- to publish or distribute content that causes damage to, disrupts the operation of or access to networks, servers or other infrastructure components (e.g. distribution of worms, Trojans, viruses, spyware, password phishing, etc.)
- Intentionally wrong entries, the use or posting of inadmissible content or violations of these Terms or the misuse of data entitles us to terminate the contract without notice. We reserve the right to take further legal steps.
- We are entitled to delete user-generated content. This applies in particular to content that violates these Terms.
- If you play the Game using text, photos, graphics, videos, links, music, etc. (“Content”), you grant us the simple, spatially unlimited right to reproduce and make publicly available in connection with the Game free of charge. You are responsible for this information yourself. We have no control over this information and do not adopt this content as our own. A verification by us does not take place. Should we become aware of illegal content or contents, these will be removed immediately.
- You indemnify us as a User from all claims, including claims for damages, which other users or other third parties assert against us due to an infringement of their rights by your conduct and/or by the content or data you have posted. You shall also reimburse us for any reasonable costs incurred by us as a result, in particular the costs incurred by us for any legal defense that may be necessary. All further rights as well as claims for damages from us remain unaffected. Your aforementioned obligations do not apply if you are not responsible for the respective violation of rights.
We guarantee an availability of the Game during gamescom 2020 of 98% on an annual average. This does not include times of regular maintenance of the Game, which is only possible in offline mode, and times during which the Game cannot be reached due to force majeure, external manipulation or other problems beyond our control or that of our vicarious agents. We are liable for the inaccessibility of the Game only to the extent that there is intent or gross negligence or due to injury to life, body or health.
7 Warranty and limitation of liability
- The License Agreement gives you as a User the opportunity to use the Game in its current version. You are aware that the Game offered by us – like any software – can never be completely error-free.
- You must notify us of any defects you discover immediately after discovery. You should document these in text form (e.g. by fax, letter or e-mail) for reasons of preservation of evidence and send it to us.
- Excluded from the warranty are defects that are based on operating errors by you or force majeure.
- In principle, any liability on our part is excluded and only takes place in accordance with the following regulations.
- We are only liable for damages and compensation for futile expenses (“damages”) due to violation of contractual or non-contractual obligations
- in case of intent or gross negligence,
- in case of negligent or intentional injury to life, body or health,
- in case of negligent or intentional violation of essential contractual obligations,
- because of the assumption of a guarantee of quality,
- due to mandatory liability under the Product Liability Act and within the scope of application of § 44a TKG or
- due to other mandatory liability.
- Damages for the breach of material contractual obligations shall be limited to the foreseeable damage typical of the contract, unless caused by intent or gross negligence or based on liability for injury to life, body or health or the assumption of a guarantee of quality or based on product liability.
- The above limitations of liability shall also apply with regard to the personal liability of our employees, shareholders, representatives, organs and their members, moderators, supporters and vicarious agents.
- A change in the burden of proof to your disadvantage is not associated with the above provisions.
- We dissociate ourselves expressly from the contents of all pages to which direct or indirect references (so-called “links”) to our offer exist. We assume no liability for this content and these pages. For the content of these pages, the providers of the respective pages are responsible themselves.
8 Data protection
9 OS Platform
The EU Commission provides an online platform for out-of-court online dispute resolution (“OS Platform”) between consumers and online traders. The OS Platform can be accessed via the following link: http://ec.europa.eu/consumers/odr. You can reach us via the OS Platform. As a rule, we will then contact you directly, as we are not obliged to participate in the dispute resolution procedure before a consumer arbitration board.
10 Choice of law/ place of jurisdiction
- The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the conflict of laws provisions.
- The statutory place of jurisdiction shall apply to any disputes with you, provided you have a general place of jurisdiction in the Federal Republic of Germany. For disputes arising from legal transactions with merchants, legal entities under public law or special funds under public law, the exclusive jurisdiction of the court of Hamburg is agreed upon for all cases.