Terms of Service (“ToS”)
Version August 2022
This Terms of Service, as amended from time to time (hereinafter referred to as “Terms” or ”ToS”), set forth the terms and govern your use of any games, software, websites and/or services (hereinafter referred to as ”Services”) offered by PLAION GmbH, Embracer Platz 1, A-6604 Hoefen, Austria (hereinafter referred to as “PLAION”). PLAION may, at any time in its sole discretion, update this ToS Agreement. Please find further information in this regard under Section 25 of this Agreement.
Please read this ToS carefully, as this ToS is a legal document stating your rights and obligations in connection with the use of our Services, including any services you access through games or softwares and any purchases you make through the Services. By downloading or using a Service, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download, access or use our Services.
The Services and any files enabling you to play our games or perform updates either online or offline including packaging, manuals, etc. (hereinafter called “Materials”) and all works derived from the Services and these Materials are protected by law, including, without limitation, copyright and trademark law. Use of the Services shall be subject to the terms of this ToS. Services shall be distributed and rented exclusively by authorized traders and shall be used solely for private purposes. Any use, reproduction or redistribution of the Services not expressly authorized hereunder shall be expressly prohibited.
1. ACCEPTANCE OF TERMS
Before downloading, installing, accessing and/or using the Services please go through the following Terms precisely. The ToS is an electronic agreement that sets out the legally binding terms of your use of the Services. When you use the Services you acknowledge and agree that you (i) are at least 14 years old (or such other minimum age as is applicable for such an agreement in your country of residence), (ii) have the full legal right, authority and capacity to enter into this Agreement and (iii) have read, understand and agree to be bound by the terms of this Agreement. If you do not agree to these Terms, please do not use the Services and/or Services.
THESE TERMS ARE THE GENERAL TERMS APPLICABLE FOR THE USE OF OUR SERVICES. FOR CERTAIN SERVICES; PRODUCTS OR GAMES THAT ARE OFFERED BY PLAION OR BY THIRD PARTIES, OTHER SPECIFIC END USER LICENSE AGREEMENTS MAY APPLY ADDITIONALLY.
2. REGISTRATION/ PLAION ACCOUNT
Upon registration you will be asked to choose a password and a user/account name. Account names and personas are tied to your account. You are entirely responsible for maintaining the confidentiality of your password and account. You should not reveal your account password or other log-in data to others. You may not use a user/account name that is considered by PLAION to be vulgar or otherwise offensive, infringes any trademark or other proprietary rights of others, is already in use, or is used in any way that violates the Terms or any laws or regulations. You are solely responsible for all activity on your account. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by PLAION or another party due to someone else using your account or password. You will only create one unique profile. You agree to notify PLAION immediately of any unauthorized use or theft of your account or any other breach of security and to provide properly documented evidence as reasonably requested by PLAION. Furthermore, it is strictly prohibited to sell or assign your account to someone else. Please not that PLAION will not ask you to reveal your password or initiate contact with you asking for answers to your password security questions. PLAION is authorized to delete the user account if there are grounds justifying this (e.g. if user accounts without a membership are inactive for longer periods of time, if someone else uses it to engage in activity that violates the Terms or is otherwise improper or illegal).
3. PAYMENT OPTIONS
You may pay fees using the methods available for the particular PLAION service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary. When you provide credit card or other payment information to PLAION and/or its payment providers, you represent to PLAION and/or its payment providers that you are the authorized user of the credit card or other payment method. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify PLAION and/or its payment providers if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting PLAION’s or the payment provider’s customer service (as applicable). PLAION reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you. As the Account holder, you are responsible for all usages all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends. We may provide links to other websites. Some of these web sites may charge separate fees which are not included in any fees that you may pay to PLAION. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
4. RIGHT OF USE
By purchasing or accessing our Services and subject to the User Requirements below, PLAION grants to you a non-exclusive, non-sublicensable, non-transferable, non-assignable, terminable and revocable personal right to install and use the Services on one computer / console. Any other use without PLAION’s prior consent is prohibited. Using the Services is solely intended for your personal, non-commercial use in accordance with these Terms. The creation of backup copies is only allowed within the scope of legal regulations.
With regard to Services purchased from retailers on original media (e.g., on CD-ROM, DVD, Blu ray etc.) you may permanently transfer all of your rights and obligations related to the use of a Services under this Agreement to another person who agrees to the terms of this Agreement by physically transferring the original media, original packaging, and all manuals or other documentation distributed with the Services provided that you permanently delete all copies and installations of the Services in your possession or control. You agree to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and similar charges, together with any interest, penalties, and additions imposed in connection with such transfer. Other than as set forth above, PLAION does not recognize any purported transfer of the Services.
Except as expressly authorized in these Terms, any use of any portion of the Services without our prior written permission is strictly prohibited and constitutes an immediate termination of the license granted herein. Any such unauthorized use may also violate applicable laws, including civil laws (particularly, copyright and trademark laws) and criminal laws, applicable communications regulations and statutes, and similar regulations. Except as expressly stated herein, nothing in this ToS shall be construed as conferring any license or intellectual property rights, whether by estoppel, implication or otherwise.
Unauthorized duplication of the Services is a criminal offence and can be punished with a prison term or with a fine, depending on the legislation the user is subject to. Any person who duplicates, distributes or publicly reproduces the Services without permission in any way, or assists another person in doing so, is liable to prosecution. Copied media duplicated without permission may be confiscated by the prosecutor’s office and destroyed.
In the event of violation of these Terms, in order to protect our intellectual property, PLAION expressly reserves the right to take all legal measures that it is legally entitled to for the protection of its intellectual property.
This license is subject to these Terms and is conditioned upon your agreement with its contents, including, without limitation, the User Requirements below.
5. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
All proprietary and intellectual property rights in relation to the Services are the property of PLAION or its licensors. The product is protected by national and international laws, copyright treaties and agreements and other laws. Any reproduction or reproduction of these Materials without the prior approval of PLAION is prohibited. Except as expressly provided in this agreement, all rights are expressly reserved by PLAION.
6. VIRTUAL INGAME ASSETS
When using some games you may purchase virtual ingame assets, including, without limitation, weapons, objects, artifacts, currency, items, equipment, and/or other value or status indicators inside our games to speed up gameplay and progress in the games by spending real money (“Ingame Assets”). All Ingame Assets exist on servers only as data. Ingame Assets cannot be exchanged into real money. INGAME ASSETS ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. You understand that you do not own Ingame Assets, but acquire a limited license to use Ingame Assets according to the specific game’s gameplay. You acknowledge and agree that such Ingame Assets are accumulated as part of your account and therefore you shall have no ownership or other property interest in any Ingame Assets. PLAION does not provide or guarantee, and expressly disclaims any value, cash or otherwise, real or virtual, attributed to any data residing on servers operated by PLAION, including without limitation the Ingame assets associated with your account. You further acknowledge and agree that PLAION has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Ingame Assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you.
The sale or transfer of items of Ingame Assets or virtual currency between users may only be conducted via services approved of and provided by PLAION, if any, and PLAION may terminate any account that acts in contravention of this prohibition.
NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF PLAION. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE GAMES OR INGAME ASSETS THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR ANY OF THE FOREGOING. FURTHERMORE, PLAION WILL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME OR INGAME ASSETS, INCLUDING, BUT NOT LIMITED TO, THE DELETION OF VIRTUAL CURRENCY AND/OR INVENTORY UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT, OR DISCONTINUATION OF A GAME.
7. USER GENERATED CONTENT
We may offer the ability to users to create, modify, design, upload, embellish, or otherwise alter objects or other elements (“User Generated Content” or “UGC”).
By submitting UGC, you grant to PLAION, its affiliates and partners, and their successors in business and assignees, employees, licensees, agents, representatives a perpetual, irrevocable, worldwide, assignable and sublicensable non-exclusive royalty free license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from, and market and promote UGC, for any commercial or noncommercial purposes, and in any medium now existing or hereinafter developed without your prior approval or the payment of any compensation and without notice. To the extent permitted by applicable laws, you hereby waive any moral rights and rental rights you may have in the UGC you submit. You also grant each user of the game a non-exclusive license to access your UGC as permitted through the functionality of the game and under these Terms. This license grant, and the above waiver of any applicable moral rights, survives any termination of this License.
Although our game and its content can be used to provide you with access to UGC, neither these Terms nor your use of any UGC override the UGC owners’ requirements and restrictions.
By making UGC available through our game, you represent that you have the right to create and/or provide an/or post and that such content, or its use by us as contemplated in these Terms, does not violate these Terms, applicable law or third party rights (including, without limitation, intellectual rights and personal rights), are neither defamatory, libelous, false, obscene or offensive. You agree and acknowledge that we cannot control each UGC, nor can we verify the accuracy, correctness or authenticity of the UGC provided. We do not assume any responsibility for any UGC or responsibility for any loss of or damage to any to any UGC made available by you or any third party in connection with the game. We do not actively monitor, nor are we in any way responsible for, the content of any UGC.
THE CONTENT OF THE CONTRIBUTIONS DOES NOT REFLECT THE VIEWS OF PLAION OR ITS AFFILIATES OR SUBSIDIARIES, ANYONE ASSOCIATED WITH PLAION, ITS LICENSORS OR LICENSEES, THE SERVICES OR ANY WEBSITE. PLAION RESERVES THE RIGHT TO REVIEW AND REMOVE ANY UGC AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON AND IN ITS SOLE DISCRETION. PLAION SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO UGC.
Some UGC may have elements of content that some may regard as excessively violent, vulgar, distasteful, explicit, sexually provocative, lewd, crude, hateful, taunting, harassing, threatening, and otherwise of questionable taste. If you object to or are sensitive to such content, and do not want to be exposed to it, please do not proceed.
If you encounter something you find objectionable and in violation of these Terms, you can report it to customer service.
IN ALL CASES, YOU ARE SOLELY RESPONSIBLE FOR CREATING AND/OR MAKING USE OF UGC.
8. USER REQUIREMENTS
PLAION may suspend or revoke your license to use the Services, or parts, components and/or single features thereof, or other products (real and/or virtual) and/or services and/or websites connected to the Services (collectively, “Services”) if you violate, or assist others in violating, the points set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
- Copy or reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile display or distribute any part of the Services or other Services in any medium, or create derivative works based on or related to the Services and its contents.
- Alter or modify or attempt to alter or modify any part of the Services.
- Use the Services or other Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Services or other Services.
- Publish, post, upload, transmit, distribute or disseminate content that is beyond the acceptable level of content PLAION has set for its Services and Services such as content that is illegal, harmful, abusive, threatening, harassing, vulgar, distasteful, sexually explicit, political, libelous, defamatory, obscene, embarrassing, unwanted, rude, hateful or racially, ethnically, sexually, or, in a reasonable person’s view, otherwise offensive or objectionable, or encourage others to do so.
- Use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity, unless you have first received permission from the owner of those rights to use the materials in this manner.
- Use the Services or other Services in any manner that could damage, disable, overburden, or impair any PLAION server, or the network(s) connected to any PLAION server, or interfere with any other party’s use and enjoyment of the Services.
- Take any action to interfere with, interrupt, destroy or limit the functionality of the Services or other Services, or any computer software or hardware or telecommunications equipment.
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel bots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other Services or other users’ computers.
- Restrict or inhibit the use of the Services or other Services by other users in any way (for example, by running programs directed against the website, reverse engineering APIs, harassment, targeted computer attacks, unauthorized modification of the website, etc.).
- Attempt to gain unauthorized access to the Services or other Services, computer systems or networks connected to any PLAION server or to any game and/or third party site, through hacking, cracking, distribution of counterfeit software, password mining or any other means.
- Use our the Services or other Services for fraudulent transactions or other criminal means.
- Use, develop or distribute “auto” software programs, “macro” software programs, prohibited robots, spiders or other “cheat utility” software program or applications.
- Use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Service or to manipulate the Services or other Services and/or a third party site in any manner not consistent with its or their intended purpose(s).
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services or other Services.
- Advertise or offer to sell or buy any goods or services for any purpose.
- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Impersonate or create a false identity (such as a celebrity or PLAION representative) for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users or other user or usage information or any portion thereof.
- Improperly use support or complaint buttons or make false reports to PLAION administrators.
- Use a bulletin board or other communications service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
- Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.
- Sell, buy, or transfer access to your account.
- Maintain more than one account.
- Use the Services or other Services to violate any applicable law or regulation.
- Encourage or assist anyone else to commit any of the foregoing violations.
Please note that PLAION has adopted and operates a zero tolerance policy. If any such aforementioned behavior is detected, your access to our Services or Services may be terminated with or without additional notice to you.
If you consider that any content made available on any Service by users does not comply with these Terms, you may report this to PLAION by sending an e-mail to firstname.lastname@example.org or a letter to the following address to PLAION GmbH, Embracer Platz 1, A-6604 Hoefen, Austria. All decisions in such cases will be made solely and at the sole discretion of PLAION and the respective right holders.
9. TECHNICAL PROTECTIVE MEASURES
Certain PLAION games and services may be protected by technical protection measures and digital rights management, particularly, without limitation, physical protection, tattooing (watermarking), digital keys and online activation. A broadband internet connection and the creation of a PLAION account might be necessary to access the online functions and to play online, and, in certain cases, to unlock exclusive contents. Such exclusive contents may be unlocked once only with a unique key. For all games and services incorporating orbit digital rights management technology, a permanent broadband internet connection and the creation of a PLAION account might be necessary to play said games or access said services at any time. PLAION may cancel access to one or more online functions subject to notification with prior notice of 30 (thirty) days on the PLAION websites of the game or services concerned.
10. BETA TESTS
In its sole discretion, PLAION may contact you to propose that you review and evaluate one or more games, aspects of games, online features or any services prior to commercial release for the purpose of identifying program errors and bugs and/or improve their functioning (“Beta Test”).
If you agree to a Beta Test, you must sign and return to PLAION a Beta Test Confidentiality Terms (“Confidentiality Terms”) for each specific Beta Test BEFORE any software or feature will be provided or made accessible to you.
In connection with the Beta Test, PLAION may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the PLAION site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of PLAION. “Confidential Information” shall mean any information designated as confidential, any information relating to PLAION’ products, plans, product designs, product costs, product prices, product names, personnel, research, development, know-how and/or source codes, including without limitation its underlying logic and concepts. You shall use Confidential Information solely to the limited extent necessary for the Beta Test. You shall prevent and not allow any Confidential Information to be disclosed, used, sold, assigned, leased, sub-licensed, commercially exploited or marketed in any way or manner. At the earlier of (a) the end of the Beta Test (b) the date that PLAION request you to return or destroy the Confidential Information you shall immediately discontinue the use of the Confidential Information and return the Confidential Information and all copies thereof in all material forms to PLAION. Notwithstanding the completion of the Beta Test, Confidential Information shall remain confidential in perpetuity. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Terms.
You must perform the Beta Test personally and must not provide access to pre-release materials to any other person. You will be asked to inform PLAION of your reactions and suggestions following your experience of the games, game elements, content, features and/or services in the Beta Test. All comments, feedback, suggestions, ideas, criticisms and other data passed on, disclosed or offered to PLAION in the course of the Beta Tests, or more generally in the course of use of the services, will be the exclusive property of PLAION. You therefore agree not to make your feedback accessible by any means or process to any outside party other than PLAION. You acknowledge that, unless prohibited from doing so under the applicable legislation, PLAION may use, sell, promote and exploit the feedback in any way, without restriction and without compensation to you.
You agree that breach of the above obligations will cause irreparable harm to PLAION, and PLAION is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the games and features provided or given access to for the Beta Test confidential until PLAION publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the features that you are testing.
Upon request, you agree to immediately return to PLAION all copies of the pre-release copy and confidential or proprietary information PLAION provided to you. You are invited to test pre-released services for the sole purpose of evaluating the service and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta service or content that you find here. The beta service are provided for testing on an “as is” and “as available” basis and we make no warranty to you of any kind, express or implied. When testing some beta services, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular service completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status. You explicitly agree that: (i) playing using beta versions is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve may be erased at any time, (iii) PLAION has no obligation to make these services available without charge for any period of time, nor to make them available at all, (iv) these services may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) these Terms apply to your use of the services during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person. Beta Test accounts are non-transferable under any circumstances.
You may be able to access other websites or resources through links in the games and/or on the websites. Because PLAION has no control over any third party sites and resources, you acknowledge and agree PLAION is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials available from such sites or resources nor does PLAION endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that PLAION shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such third party sites or resource(s).
12. HEALTH OF GAME USERS
PLAION advises you to take the following precautions in all cases when using a video game. Avoid playing if you are tired and/or short of sleep. Make sure that you play in a well lit room and moderate the brightness of your screen. When you play a video game requiring connection to a screen, play at a good distance from the screen and as far away as the connection lead allows. While using the game, take breaks of ten (10) to fifteen (15) minutes every hour.
13. EPILEPSY WARNING:
Some individuals are liable to have epileptic fits including, in certain cases, loss of consciousness, particularly when exposed to strong luminous stimulations (rapid succession of images or repetition of simple geometrical figures, flashes or exposures). Such individuals are exposed to risks of fits when they play certain video games containing such luminous stimulations; consult your doctor before any use. Parents must also pay particularly close attention to their children when they play video games. If you or your child present one of the following symptoms: dizziness, vision problems, contraction of the eyes or muscles, disorientation, involuntary movement or convulsions or momentary loss of consciousness, you must immediately stop playing and consult a doctor.
Because of its complex nature, software can never be expected to be completely error-free. Therefore, PLAION cannot guarantee that the contents of the Services will meet your expectations, and that the software will run glitch-free under any possible conditions. Moreover, PLAION assumes no warranty for specific functions and results of this software in excess of the current minimum standard of software technology at the time the Services was created. The same applies to the accuracy and/or completeness of the accompanying documentation.
Any form of strict liability is excluded in respect of malfunctions in the Services existing at the start of the service provision; i.e. PLAION is only liable insofar as PLAION or its vicarious agents is responsible for this. If the Services should be defective upon delivery so that, despite appropriate handling, it cannot be used for the intended purpose, PLAION will either amend the Services, deliver a new copy, or refund the purchase price within two years of the date of purchase. This applies exclusively to the Services if directly purchased from PLAION.
To claim this warranty, you must send the purchased product, along with your proof of purchase and a description of the error to the following address: Technischer Dienst, c/o PLAION GmbH, Lochhamer Str. 9, D-82152 Planegg, Germany. PLAION assumes no further warranties for any direct or indirect damages resulting from the use of the product, unless these damages were caused through malicious intent or gross negligence, or such a warranty is compulsory by law.
In any case, the amount of the warranty is restricted to the purchase price of the Services. Under no circumstances will PLAION assume warranty for any unforeseeable or non-typical damages. Any claims you may have against the distributor where you purchased the Services are not affected by this.
PLAION assumes no warranty for damages incurred through inappropriate handling, in particular failure to comply with the instruction manual, incorrect initial operation, inappropriate treatment or unsuitable accessories, unless PLAION is responsible for such damages.
15. DISCLAIMER FOR WARRANTIES
YOU UNDERSTAND THAT YOUR USE OF THE GAME OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT ALL SERVICES ARE PROVIDED ON AN “AS IS” “WHEREIS” AND “WHERE AND WHEN AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT PLAION MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE. YOU UNDERSTAND THAT PLAION DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF ANY SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER(S) SET FORTH IN THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT AND/OR MATERIALS CONTAINED IN THE SERVICES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES AND/OR DELETING YOUR ACCOUNT.
TO THE FULLEST EXTENT PERMITTED BY LAW, PLAION DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, CONTINUOUS AND/OR ERRORFREE OPERATION, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE GAMES AND/OR THE WEBSITES.
THE USER SHALL BEAR ALL COSTS OF ITS OWN INFRASTRUCTURE NECESSARY FOR THE USE OF THE SERVICES. THE USER SHALL BEAR ALL RISKS ASSOCIATED WITH THE EXPENDITURE OF TIME AND EFFORT OR THE LOSS OF DATA (IN PARTICULAR GAME DATA) OR WITH DISRUPTIONS OR LOSS OF COMMERCIAL OR OTHER INFORMATION THROUGH THE USE OF THE SERVICES.
16. LIABILITY LIMITATION FOR USERS BASED OUTSIDE THE EUROPEAN UNION.
To the maximum extent permitted by applicable law, in no event will PLAION or its affiliates and subsidiaries be liable to you (or any third party making claims through you) for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data, or other intangibles, or the cost of procurement of substitute goods or services, unauthorized access to and/or tampering with your personal information or transmissions, arising out of or related to the use, inability to use, unauthorized use, performance, or nonperformance of the services, even if PLAION has been advised previously of the possibility of such damages and whether such claims of damages may have been sustained anywhere in the world in contract, negligence, tort, under statute, in equity, at law, or otherwise. unless limited or modified by applicable law, the foregoing disclaimers, waivers and limitations shall apply to the maximum extent permitted, even if any remedy fails its essential purpose. moreover, under no circumstances will PLAION, its licensors or licensees, be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond its or their reasonable control. PLAION may change or delete content or features in the services in any way, at any time and for any reason or no reason. the limitations, exclusions and disclaimers in this section and elsewhere in these terms apply to the maximum extent permitted by applicable law.
17. LIABILITY LIMITATION FOR USERS BASED IN THE EUROPEAN UNION.
PLAION is liable according to the statutory provisions for damage/loss sustained by a user and caused deliberately or through the gross negligence of PLAION or its vicarious agents. It is likewise liable for personal injury and damage within the definition of the Product Liability Law. Otherwise PLAION’ liability in relation to compensation claims – irrespective of the legal basis – is limited in accordance with the following provisions, unless otherwise provided for under a guarantee made by PLAION:
In relation to damage/loss caused by ordinary negligence, PLAION shall only be liable insofar as the matter relates to a breach of material contractual duties. Material contractual duties are those contractual obligations the fulfilment of which is strictly necessary in order that the agreement can be duly executed, whereby the user should normally be able to rely on these duties being fulfilled. In the event that PLAION is hereby liable for ordinary negligence, the liability PLAION will be limited to that damage/loss which is foreseeable and typical for this type of agreement. The liability of PLAION in relation to data and/or programs lost due to PLAION’ ordinary negligence shall be limited to the typical recovery costs that would have been sustained by the user had he implemented regular data backup measures which are reasonable in view of all the circumstances.
The provisions set out in the foregoing sub-paragraphs also correspondingly apply to the duty to compensate futile expenditure. The aforementioned disclaimers likewise apply in favor of PLAION’ vicarious agents.
PLAION is not liable for any costs sustained by the user availing of services not explicitly offered by PLAION itself. This applies particularly to costs incurred due to the data transfer to and from the user’s terminal device as well as for any costs sustained by the user in using payment systems.
18. ACCESS TO SERVICES
PLAION reserves the right to perform system upgrades, regular or planned or unplanned maintenance to the games and/or the websites due, for example, and not in limitation, to technology improvements or bugs, and you may or may not be notified of these changes before they occur. PLAION also reserves the right to change, modify, discontinue, suspend or abandon the games and/or the websites at any time for any reason or for no reason with or without notice to you, and it will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
You understand that you are personally responsible for your behavior while using our game and while you are on the websites and agree to indemnify and hold PLAION and its and their affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that the Indemnified Parties may incur in connection with any claim(s) or threatened claim(s) arising out of or related to your use of the game or your violation of these Terms, applicable law, or the rights of any third party.
This ToS is valid until it is terminated. Termination implies the destruction of the Services as well as all copies. PLAION my terminate this ToS with immediate effect in the event that you commit a significant violation of these Terms. In such case you must promptly destroy the Services without substitution and remove the Services client from your hard drive. With termination of this ToS for whatever reason, all licenses granted herein are considered to be immediately terminated, without substitution.
21. RIGHT OF WITHDRAWAL
For users subject to the jurisdiction of the European Union the following shall apply:
You have the right to withdraw from these Terms within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of concluding these Terms.
To exercise your right of withdrawal, you need to inform us (PLAION GmbH, Embracer Platz 1, A-6604 Hoefen, phone: +43 5672 606 0, fax: +43 5672 606 90101, email: email@example.com) of your decision to withdraw from these Terms with a clear declaration (e.g. a letter sent by post, fax or e- mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient that you send the notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.
CONSEQUENCES OF WITHDRAWAL
If you withdraw these Terms, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw these Terms. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
SPECIAL INFORMATION FOR THE WITHDRAWAL
PLEASE NOTE THAT YOUR RIGHT TO WITHDRAW EXPIRES PRIOR TO THE EXPIRY OF 14 DAYS, IF WE HAVE PROVIDED SERVICES TO YOU IMMEDIATELY UPON THE START OF THESE TERMS AND HAVE INFORMED YOU ABOUT SUCH PRIOR EXPIRY BEFORE PROVIDING SERVICES AND HAVE RECEIVED YOUR CONSENT THERETO.
SAMPLE WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the contract)
PLAION GmbH, Embracer Platz 1, A-6604 Hoefen, Austria, fax: +43 5672 606 90101, email: firstname.lastname@example.org:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following
goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
22. NO ASSIGNMENT
You may not assign or transfer all or some of your rights or obligations under this Agreement without PLAION’s prior written approval, and any attempt to do so without such consent shall be void. If the restrictions on the transfer of the Services/ Software in this Agreement are unenforceable under the laws of your country, this Agreement shall be binding on any transferee of the Software and to the extent permitted by the applicable law.
23. GOVERNING LAW
If you live in the European Union, United Kingdom, Norway, Switzerland, or Russia these Terms and your use of the game shall be governed by the laws of your country of residence; and any claim or legal proceeding arising out of or relating to these Terms or the use of the game shall be subject to the jurisdiction of the courts having jurisdiction under the laws of your country of residence.
In the event that disputes or claims arise in connection with these provisions, the European Commission provides a platform to facilitate the independent and out-of-court resolution of online disputes between consumers and professional suppliers, accessible at the following address: https://ec.europa.eu/consumers/odr/
PLAION is not obligated to and nor does it intend to participate in this or any other process for Online Dispute Resolution.
If you reside in another country these Terms and your use of our game shall be governed by the laws of Austria, without regard to Austrian conflict of laws principles; and you irrevocably consent to the exclusive jurisdiction of the courts of Austria for the resolution of any such dispute or claim.
Please visit https://plaion.com/en-de/privacy for information about the processing of your data and your legal rights.
25. UPDATES TO THE TOS
PLAION reserves the right to modify and update these Terms at any time, for example for safety, security, legal, best practice and/or regulatory reasons and in accordance with applicable laws. If we change our Terms, we will post those changes to these Terms on our website . If we make material or significant changes to these Terms, we will notify you by email or by a notice on the applicable websites or during log in. You should check the website periodically for changes, as they are binding on you. Updates to these Terms affecting the game shall be effective thirty (30) days after publishment or notice. Your continued use of the game will signify your acceptance of the changes to the amended terms. If you do not agree with the changes to these Terms, you may terminate the license and stop using the Services. Any use of the Services after the effective date of the amended terms will constitute your consent to the amended terms.
26. EXPORT CONTROL
You may not use, access or otherwise export or re-export the products except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Services may not be exported, re-exported or otherwise made available (a) into any country or region embargoed by the U.S. Government, or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied person List or Entity List, EU consolidated sanctions list with designated persons. By using the Services, you represent and warrant that you are not located in any such country or on any such list.
27. FINAL PROVISIONS
These Terms and the policies incorporated herein together with any game-specific terms or other additional terms you may have agreed upon with PLAION, are the entire agreement between you and PLAION. They supersede any and all prior or contemporaneous agreements between you and PLAION relating to your use of our game and/or the websites. Your own terms and conditions expressly do not form a part of these Terms. PLAION may assign these Terms, in whole or in part, at any time. Headings are for convenience of reference only and shall not affect the interpretation or construction of these Terms. Failure of PLAION to partially or fully exercise any rights or the waiver of PLAION of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by PLAION or be deemed a waiver by PLAION of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of PLAION under these Terms and any other applicable agreement between you and PLAION shall be cumulative, and the exercise of any such right or remedy shall not limit PLAION’s right to exercise any other right or remedy.
This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not allow it. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction does not allow them in your circumstances. In the event that certain provisions of this Agreement are held unenforceable by a court, those provisions shall be enforced only to the extent permitted by applicable law, and the remaining provisions of this Agreement shall remain in full force and effect.
I HEREBY CONFIRM THAT I HAVE READ AND UNDERSTOOD THE ABOVE TERMS OF SERVICE. BY USING THE SERVICE, I CONFIRM MY ACCEPTANCE OF THESE TERMS CONTAINED THEREIN WITHOUT RESERVE.