Terms of Service for Mobile Games of Organic Automated Intelligence, Inc.
Organic Automated Intelligence, Inc („Provider“) provides a platform offering various mobile games, and related services for mobile devices („Game“). Related services are inter alia the creation of a player account, participation in a forum, purchase of virtual items and real items, as well as other services.
The participants in the Game are referred to as “User”.
§ 1 Scope
1.1 The provider offers services in connection with the Game exclusively on basis of this Terms of Service (“TOS”).
1.2 The rules of the Game and/or the prerequisites for attending the Game are published on the Game platform in the applicable, current version. The User accepts the rules of the Game and/or the prerequisites of the Game by attending the game.
1.3. This TOS do not apply to services of third persons, including the connection to the internet.
1.4 This TOS do not apply to the relationship of the User with the online shop, in which the Game was downloaded. The purchase conditions regarding the download, payment and costs for the download fall within the scope of the terms of service of the respective online shop.
§ 2 Details of the services
2.1 The Provider enables the Users to attend the Game and the related additional services within the existing technical and operational framework.
2.2 The Provider makes the Game and the additional services available via online shops, in which the Game can be downloaded (e.g. Facebook, iTunes or Google Play).
2.3 It lies with the responsibility of the User to enable the usage of the Game on his mobile device or other computer device. This includes in particular to ensure that the mobile device is connected to the internet and fulfils the minimum system requirements for the Game. It may be the case that the User has to download and store software, supplied by the Provider, locally on his or her mobile device to attend to the Game. The Provider offers no support regarding configuration and installation of the needed software.
2.4 The use of the Game in the basic version is free of charge. The User may purchase a virtually designed product, like a T-shirt graphic, and purchase it for delivery in the real world (for purchase modalities please view § 7). The User will be informed of the functions, prerequisites and costs before purchasing in the Game.
2.5 The Game will be updated, modified and developed ongoing to provide the users maximum fun to play. The right to attend the Game only applies to the respective current version of the Game. The Provider reserves the right to restrict, change or cease the operation of the Game at any time without giving any reasons. In case of termination of the operation, the User can reclaim rendered payments. The right of the User to immediately terminate the contract remains unaffected. Further claims of the User are excluded, unless explicitly stated otherwise within this TOS.
2.6 The Provider warrants an average uptime of the game of 90 % per year, excluding technical or other issues, which are not in the sphere of responsibility of the Provider (e.g. force majeure, third party fault etc.), as well as routine maintenance time (announced as early as possible in the Game). The responsibility of the Provider for downtimes because of intent or gross negligence remains unaffected. The Provider has the right to limit the access to the Game or the services, if the security of the network, the maintenance of network integrity, especially the avoidance of severe disruptions of the network, the software or saved data require such measures.
§ 3 User
3.1 The Game is exclusively offered to consumers in terms of Sec. 13 BGB.
3.2 Only persons above the age of 18 or minors with parental consent - or consent of their legal representatives are entitled to use the Game.
3.3 By registering for the Game, the User confirms his or her majority and legal competence, respectively in case of minority, the consent of their legal representative. The Provider is entitled to request a verification of the majority, respectively the declaration of consent in written form any time.
§ 4 Registration and conclusion of the contract
4.1 The participation in the Game requires the download of the Game, as well as the registration to the Game and the creation of a game-account (“Account”) for the particular game. The registration can be conducted after the download of the Game to the mobile device of the User. After registration, the User receives a confirmation email, including an assigned password, as well as a link to the printable version of this TOS and the data protection declaration. To complete the registration, Users have to read and confirm this TOS.
4.2 For the registration, the User has to fill out all fields in the registration form, marked as “required”. All data in the form, whether provided voluntarily or mandatorily have to be complete, correct and valid. The User has to provide a current and valid email address under which he or she can be contacted.
4.3 By logging in to the Game, the User provides an offer to enter into an usage contract for the Game to the Provider. The contract is concluded with the acceptance of the Provider. The acceptance can be confirmed by the Provider explicitly or implied by giving the opportunity to play the Game, e.g. by allowing the login or sending the access data to the User. A right to enter into an usage contract or to attend the Game does not exist.
4.4. Every User may only use his own Account for attending to the Game. The creation of multiple accounts by one User is forbidden. A violation of this rule entitles the Provider to terminate the contract with immediate effect (see paragraph 9.4).
4.5 Within the registration the user may choose his or her username. The choice of a username with pornographic, racist, inciting, war or violence glorification, abusive or other unlawful content is forbidden. A violation entitles the Provider to immediately block the user account.
4.6 The User may not transfer his Account without prior consent of the Provider in written form.
§ 5 Note on withdrawal
Instruction on your Right to Withdraw:
You can withdraw the User Offer or the purchase of Premium Services or Premium Features in text form (e.g. letter, telefax, e-mail) within 14 days (Time Limit). The Time Limit starts when you have received this instruction on your right to withdraw in text form, but not before the conclusion of the contract and not before Provider has fulfilled its informational obligations under Art. 246 § 2 in connection with § 1 para. 1 and 2 EGBGB as well as its obligations under Section 312g para. 1 sentence 1 BGB in connection with Art. 246 § 3 EGBGB. It is sufficient to send the withdrawal within the Time Limit.
The withdrawal has to be addressed to:
In case of a valid withdrawal, both parties have to return the Services they have received and to restitute the benefits based on the use (e.g. interests) if applicable. If you are not able to return completely the services or if you can only return them in part or only in deteriorated condition, you are obliged to pay compensation to this extent, as the case may be. This means that payments have to be provided by you for the time until you have withdrawn your User Offer.
Reimbursements of payments have to be made within 30 days. The time limit starts for you with sending your withdrawal, for us with receipt of your withdrawal.
Please note: The right to withdraw ends premature if the contract has been completely fulfilled by both parties upon your express demand before you have exercised your right to withdraw. This is to be assumed if you have used the Services , the Premium Services and/or Premium Features and have fully paid.
End of instruction on your Right to Withdraw
6.1 The Game is provided to the Users only within the contractual scope.
6.2 The User is not authorized to use software, measures or mechanics in connection with the Game, that can disturb or modify the functionality or the course of the Game. The User may not carry out measures that lead to an unacceptable or excessive load of the technical capacities of the Provider. Especially, it is not allowed to block, overwrite or modify Provider generated content, unless the Provider declares his prior consent in written form.
6.3 The User is not authorized to add elements to the software of the Game or to modify or delete elements of the software in any way, unless he is authorized explicitly by the Provider in written form. In particular, the User is not authorized to copy, extract or use graphical elements of the Game or to decompile the source code.
6.4 The participation in the game serves the purpose of entertainment only. The User is not permitted to use the Game for commercial or illegal purposes.
6.5 The user is not allowed to execute, use or apply soft- or hardware based applications of third parties which modify or influence the course of the Game or which causes the User to receive benefits, that are usually charged. In particular, the User in not allowed to procure chargeable or other benefits, like a systematic or automatic control of the Game or single gaming functions, by usage of third- party software or other applications (esp. “bots”, “hacks” or “cheats”).
6.6 The User is not allowed to sell, buy, lease, receive, spread or duplicate virtual or real items in or outside of the game regardless of the form, if no or no adequate consideration is provided.
6.7 Furthermore, the Users are obliged to observe the legal regulations, in particular not to divulge pornographic, racist, offending, war glorification or other unlawful content, as well as content that is capable of violating the rights of third persons. Also, commercial advertising is forbidden. The User commits him- or herself not to use legally protected terms, names, pictures, video, music, games or other material in unauthorized manner. The provider may delete such content.
§ 7 Payment
7.1 The Users may have the opportunity to receive real property, e.g., a T-shirt, against the payment of a fee.
7.2 The Provider reserves the right to offer new additional features and/or items and to remove or change features and/or items from the game respectively, as well as to offer them in the free basic version of the Game.
7.3 Considerations for in-app-purchases are due with the final confirmation of the purchase by the User and have to be paid by the payment method which the User has chosen in advance. Due payments are regularly debited from the bank account or credit card which the User has supplemented, if no other payment method is chosen.