The game may be downloaded from Apple iTunes App Store or Google Play Store. (the "APPLE OR GOOGLE SITE").
The GAME is operated and developed by Koch Media Fishlabs and owned by Koch Media GmbH, Gewerbegebiet 1, A-6604 Hoefen, Austria ("Koch Media").
You must also accept and comply with all rules of external platforms applicable to this specific Game, including but not limited to Apple App Store and Google Play rules. Koch Media has no control over the rules of the external platforms. Any breach of any rules of the external platforms shall also be regarded as a fundamental breach of this Agreement.
Updates to Terms.
KOCH MEDIA reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Apple or Google site or on the Game screen with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date. Your continued use of the Game and/or the Apple or Google site in connection with the Game after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these updated or changed Terms, you must discontinue using the Game. Note that special terms or rules may apply to some features and/or services offered in the Game or on the Apple or Google site, such as rules for particular promotions, applications, or other features or activities. Any such terms are in addition to these Terms, and in the event of a conflict, prevail over these Terms.
By accessing the Game and/or the Apple or Google site in connection with the Game, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We will communicate with you by email or by posting notices on the Game Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
USE OF THE GAME.
You must be at least sixteen years old to participate in this Game. The Apple or Google site and the game are not directed at children under 12 years of age. If you are 12 or over, but are under the legal age to enter into a contract in the jurisdiction you reside in (.LEGAL AGE.) and/or under 18 years of age, we require that you review these Terms with your parents or (legal) guardian to ensure they read and agree to them.
Upon registration you will be asked to choose a password and a user/account name. You may not use a user/account name that is considered by KOCH MEDIA 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. You will only create one unique profile.
Security of Username and Password.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify KOCH MEDIA 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 KOCH MEDIA. 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 KOCH MEDIA or another party due to someone else using your account or password. You may not use anyone else.s account at any time.
USE OF THE GAME AND THE APPLE OR GOOGLE SITE.
The Game may contain the ability to create, modify, design, embellish, or otherwise alter objects or other elements ("User Content"). You agree and acknowledge that user photos and videos ("User Content") are owned by the respective users and not by KOCH MEDIA.
Although the Game can be used to provide you with access to User Content, neither these Terms nor your use of the Game override User Content owners' requirements and restrictions, which may include "all rights reserved" notices. Creative Commons licenses or other terms and conditions that may be agreed upon between you and the owners. IN ALL CASES, YOU ARE SOLELY RESPONSIBLE FOR MAKING USE OF USER CONTENT IN COMPLIANCE WITH OWNERS' REQUIREMENTS OR RESTRICTIONS.
Some User Content has 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.
The Game and the Apple or Google site are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by KOCH MEDIA (i) copy, display or distribute any part of the Game and/or the Apple or Google site (accessed or maintained in connection with the Game) in any medium, without KOCH MEDIA.s prior written consent, or (ii) alter or modify any part of the Game and/or the Apple or Google site (accessed or maintained in connection with the Game) other than as may be reasonably necessary to use the Game and/or the Apple or Google site for their intended purpose(s). You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available in the Game or on the Apple or Google site, or to manipulate the Game and/or the Apple or Google site in any manner not consistent with its or their intended purpose(s). You will take no action to interfere with, interrupt, destroy or limit the functionality of the Game and/or the Apple or Google site, or any computer software or hardware or telecommunications equipment. You will not use the Game and/or the Apple or Google site in any manner that could damage, disable, overburden, or impair any KOCH MEDIA server, or the network(s) connected to any KOCH MEDIA server, or interfere with any other party.s use and enjoyment of the Game and/or the Apple or Google site. You will not attempt to gain unauthorized access to the Game and/or the Apple or Google site, other accounts, computer systems or networks connected to any KOCH MEDIA server or to the Game or the Apple or Google site, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Game and/or the Apple or Google site (accessed or maintained in connection with the Game). You will not reverse engineer, decompile or disassemble any software accessed through the Game and/or the Apple or Google site, including any proprietary communications protocol used by KOCH MEDIA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Game or locations on the Apple or Google site (maintained and/or operated in connection with the Game) so long as the link does not portray KOCH MEDIA, the Game, or the Apple or Google site in a false, misleading, derogatory, or otherwise offensive manner or express or imply any endorsement by KOCH MEDIA of the site from which you are linking. Further, the site from which you are linking to the Game and/or the Apple or Google site location(s) must not contain any obscene, defamatory, pornographic, offensive or illegal content.
Further, you must not use the Game and/or the included communication services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Publish, post, upload, transmit, distribute or disseminate content that KOCH MEDIA determines is beyond the acceptable level of content KOCH MEDIA has set for the Game such as content that is illegal, harmful, abusive, threatening, vulgar, distasteful, sexually explicit, political, 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. Furthermore, you may not 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. 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 Game or other users. computers.
Except as expressly authorized by KOCH MEDIA, you may not advertise or offer to sell or buy any goods or services for any purpose, unless the Software specifically allow such messages. 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 KOCH MEDIA 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 KOCH MEDIA administrators. Use, develop or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications. 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). Use the Software for fraudulent transactions. Sell, buy, or transfer access to your account. Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage. Maintain more than one account.
Please note that KOCH MEDIA operates a zero tolerance policy. If any such aforementioned behavior is detected, your access to the Game may be terminated with or without additional notice to you.
When you are playing or otherwise using the Game, your play and/or your computer may be monitored to learn about your gameplay behavior, player stats, purchasing, and for any other purpose. Your computer.s random access memory (RAM) may also be monitored for third party programs that interact with the Game and/or the Apple or Google site. In the event any such third party program is detected, information may be communicated back to KOCH MEDIA, including the name of your account, your internet protocol (IP) address, details about the third party program detected, the nature of your inGame behavior, and the time and date that the third party program was detected, along with the hardware specs and performance characteristics of your computer, with or without additional notice to you. If the use of such a third party program is detected, your access to the Game may be terminated with or without additional notice to you.
InGame virtual assets.
When using the Game and/or the Apple or Google site, you may accumulate inGame virtual assets, including, without limitation, weapons, objects, artifacts, currency, items, equipment, and/or other value or status indicators ("INVENTORY"). All Inventory exists on servers only as data. You acknowledge and agree that such Inventory is accumulated as part of your account and therefore you shall have no ownership or other property interest in any Inventory. You further acknowledge and agree that KOCH MEDIA has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Inventory, 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. KOCH MEDIA 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 KOCH MEDIA, including without limitation the Inventory associated with your account.
If you have a valid, active account, you may participate in our virtual currency system, which is a redeemable point system used to obtain access to certain Inventory that can be used while playing the Game. KOCH MEDIA virtual currency may be offered at the sole discretion of KOCH MEDIA through the online inGame store located on the Apple or Google site. Virtual currency might also be provided to you by KOCH MEDIA as part of a promotion, or through other means, such as completing certain quests or achievements in the Game, or through KOCH MEDIA or Game sponsored contests or sweepstakes. You agree that you will be solely responsible for paying any applicable taxes related to the acquisition of, use of or access to virtual currency. Virtual currency is sold or issued in bundles and the price may vary depending on the amount you purchase and where you are purchasing. As KOCH MEDIA feels necessary, in its sole and absolute discretion, KOCH MEDIA may limit the total amount of virtual currency that may be purchased at any one time, and/or limit the total virtual currency that may be held in your account in the aggregate. Additionally, price and availability of virtual currency and/or Inventory are subject to change without notice.
You are solely responsible for verifying that the proper amount of virtual currency has been added to or deducted from your account during any given transaction, so please notify KOCH MEDIA immediately should you believe that a mistake has been made with respect to your virtual currency balance. KOCH MEDIA will investigate your claim, and in doing so, may request some additional information and/or documentation to verify your claim. KOCH MEDIA will let you know the results of the investigation; however you acknowledge and agree that KOCH MEDIA has sole and absolute discretion in determining whether or not your claim is valid, and if so, the appropriate remedy.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE VIRTUAL CURRENCY SYSTEM AND THE INVENTORY YOU ACQUIRE HAVE NO MONETARY VALUE AND EXCEPT AS EXPRESSLY REQUIRED BY LAW CANNOT BE REDEEMED FOR CASH. ALL SALES AND PURCHASES ARE FINAL. REQUESTS FOR REFUNDS IN THE FORM OF INGAME CREDIT WILL BE CONSIDERED ON A CASE BY CASE BASIS; HOWEVER, IT IS THE GENERAL POLICY OF KOCH MEDIA THAT ALL SALES ARE FINAL AND NO REFUNDS WILL BE MADE, BOTH FOR THE PURCHASE OF VIRTUAL CURRENCY OR FOR INVENTORY OBTAINED USING VIRTUAL CURRENCY. Some Inventory you obtain may have expiration dates while others do not, and each item of Inventory you obtain using virtual currency will be included in your account until the earlier of that item of Inventory.s expiration date, or your account.s expiration or termination date, or such date when KOCH MEDIA ceases to offer or support the Game.
The sale or transfer of items of Inventory or virtual currency between users may only be conducted via services approved of and provided by KOCH MEDIA, if any, and KOCH MEDIA 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 KOCH MEDIA. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE GAME, VIRTUAL CURRENCY, OR INVENTORY THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR ANY OF THE FOREGOING. FURTHERMORE, NEITHER KOCH MEDIA NOR THE APPLE OR GOOGLE SITE WILL 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, THE APPLE OR GOOGLE SITE, VIRTUAL CURRENCY, OR INVENTORY, INCLUDING, BUT NOT LIMITED TO, THE DELETION OF VIRTUAL CURRENCY AND/OR INVENTORY UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT, OR DISCONTINUATION OF THE GAME.
The Game may contain the ability to create, modify, design, embellish, or otherwise alter objects or other elements in the Game ("ASSET VARIATIONS"). You agree to use Asset Variations only to customize your own playing experience within the Game. The Game may also contain the ability to send messages and other communications to other players or to post messages to public forums (the "COMMUNICATION SERVICES"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the Game (Asset Variations and Communication Services are, jointly and severally, "USER CONTENT").
KOCH MEDIA has no obligation to monitor the User Content. However, KOCH MEDIA reserves the right to review and remove any User Content at any time, without notice, for any reason and in its sole discretion. KOCH MEDIA specifically disclaims any liability with regard to the User Content. If you encounter something you find objectionable and in violation of these Terms, you can report it to Customer Service support.dsfishlabs.com.
License and Warranties.
By submitting User Content to the Game and/or the Apple or Google site, you grant to KOCH MEDIA, and its successors in business and assigns, employees, licensees, agents, representatives and other authorized users of the Game, the Apple or Google site, Asset Variations, and Communication Services, a perpetual, irrevocable, worldwide, exclusive royalty free license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from, and market and promote the User Content, for any commercial or noncommercial purposes, and in any medium now existing or hereinafter developed, and to use your user name and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the Game and the Apple or Google site a nonexclusive license to access your User Content as permitted through the functionality of the Game and the Apple or Google site (as applicable) and under these Terms. To the extent permitted by applicable laws, you hereby waive any moral rights and rental rights you may have in the User Content you submit.
You acknowledge and agree that your communications via the Game, Communication Services (whether or not part of the Game), and/or the Apple or Google site are public and not private communications and KOCH MEDIA is not responsible for information that you choose to communicate to other users, or for the actions of other users. You understand and agree that when you communicate with other players within a game or utilize any interactive features available on the Game Site, such as instant messaging, forums or chat rooms, such communications and postings are transmitted through our servers, and we may, but are not obligated to, monitor all such communications and postings, including those that are designated as "private". You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.
You agree that you will not:
- Use the Game, Communication Services, and/or the Apple or Google site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Publish, post, upload, transmit, distribute or disseminate content that KOCH MEDIA determines is beyond the acceptable level of content KOCH MEDIA has set for the Game such as content that is illegal, harmful, abusive, threatening, vulgar, distasteful, sexually explicit, political, 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.
- 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 Game and/or the Apple or Google site or other users. computers.
- Except as expressly authorized by KOCH MEDIA, advertise or offer to sell or buy any goods or services for any purpose, unless the Game and/or the Apple or Google site specifically allow such messages.
- 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 KOCH MEDIA 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 KOCH MEDIA administrators.
- Use, develop or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
- 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).
- Use the Game and/or the Apple or Google site for fraudulent transactions.
- Sell, buy, or transfer access to your account.
- Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.
- Maintain more than one account.
KOCH MEDIA reserves the right to deny, in its sole discretion, any user access to the Game and the Apple or Google site in connection with the Game or suspend or terminate your access to the Game and/or the Apple or Google site in connection with the Game, in whole or in part, immediately and without notice, for any violations of this agreement. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under our absolute discretion. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
All material published in the Game and/or on the Apple or Google site in connection with the Game, including, but not limited to text, photographs, video, graphics, music, images, animations, audio, text, "applets" incorporated into the software data, sounds, messages, comments, ratings, and other materials in the Game and/or on the Apple or Google site (together "Content") is owned by KOCH MEDIA or its licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights.KOCH MEDIA owns a copyright or is a licensee in the selection, coordination, arrangement and enhancement of such content and one or more copyrights in and to the Game and/or those aspects of the Apple or Google site that interface with or are operated in connection with the Game. All trademarks, service marks, trade names, and trade dress appearing in the Game and/or the Apple or Google site in connection with the Game ("Marks") are proprietary to KOCH MEDIA and/or its licensors or licensees. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, the Game and those aspects of the Apple or Google site that interface with or are operated in connection with the Game, in whole or in part, without KOCH MEDIA.s prior written consent. You may download Content for your personal, noncommercial use only as provided in these Terms, or as may be otherwise permitted by KOCH MEDIA from time to time, provided that you do not alter any such Content and you keep intact all copyright and other proprietary notices and you do not use the Content in any way that would express or imply an association between you and the products and services of KOCH MEDIA or any third party. You acknowledge that you do not acquire any ownership rights in any Content downloaded from the Game and/or the Apple or Google site. Copying or storing of Content for other than personal use is expressly prohibited without prior written permission from KOCH MEDIA or the owner of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KOCH MEDIA with-out express written consent of KOCH MEDIA. You may not use any Meta tags or any other "hidden text" utilizing KOCH MEDIA.s name or trademarks without the express written consent of KOCH MEDIA. You may not use any KOCH MEDIA logo or other proprietary graphic or trademark as part of the link without express written permission. Any use(s) not permitted by these Term automatically terminates all permissions or licenses granted by KOCH MEDIA in these Terms.
No Other License Granted.
Except for allowing you to use the Game and the Apple or Google site for your personal noncommercial use as set forth in the paragraph above, when you use the Game and/or the Apple or Google site, you are not receiving a license or any other rights from KOCH MEDIA, including intellectual property or other proprietary rights of KOCH MEDIA. You understand that you have no rights to the Game and the Apple or Google site or any other KOCH MEDIA property except as we indicate in these Terms.
You may be able to access other websites or resources through links in the Game and/or on the Apple or Google site. Because KOCH MEDIA has no control over any third party sites and resources (including but not limited to the Apple or Google site other than the Game Site), you acknowledge and agree KOCH MEDIA 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 KOCH MEDIA endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that KOCH MEDIA 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).
Disclaimer of Warranties.
YOU UNDERSTAND THAT YOUR USE OF THE GAME, THE APPLE OR GOOGLE SITE, ASSET VARIATIONS, AND/OR COMMUNICATION SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING THE GAME AND/OR THE APPLE OR GOOGLE SITE AND/OR RECEIVING OR ORIGINATING COMMUNICATION SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE GAME AND/OR THE APPLE OR GOOGLE SITE 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 KOCH MEDIA MAKES NO WARRANTY THAT THE GAME AND/OR THE APPLE OR GOOGLE SITE AND/OR ASSET VARIATIONS AND/OR COMMUNICATION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE. YOU UNDERSTAND THAT KOCH MEDIA DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE GAME AND/OR THE APPLE OR GOOGLE SITE AND/OR ASSET VARIATIONS AND/OR COMMUNICATION 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 DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT AND/OR MATERIALS CONTAINED IN THE GAME AND/OR THE APPLE OR GOOGLE SITE, AND/OR ASSET VARIATIONS AND/OR COMMUNICATION SERVICES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE GAME AND/OR THE APPLE OR GOOGLE SITE AND/OR ASSET VARIATIONS AND/OR COMMUNICATION SERVICES, AS APPLICABLE.
TO THE FULLEST EXTENT PERMITTED BY LAW, KOCH MEDIA 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 GAME AND/OR THE APPLE OR GOOGLE SITE AND/OR ASSET VARIATIONS AND/OR COMMUNICATION SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KOCH MEDIA OR ITS AFFILIATES 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 GAME AND/OR THE APPLE OR GOOGLE SITE AND/OR ASSET VARIATIONS AND/OR COMMUNICATION SERVICES, EVEN IF KOCH MEDIA 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 UNDER ANY STATUTORY OR CAUSE OF ACTION. 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 KOCH MEDIA, 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. KOCH MEDIA MAY CHANGE OR DELETE CONTENT OR FEATURES IN THE GAME AND/OR THE APPLE OR GOOGLE SITE IN CONNECTION WITH THE GAME 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.
You understand that you are personally responsible for your behavior while playing the Game and/or while you are on the Apple or Google site and/or while you are engaging in Communication Services and/or Asset Variations and agree to indemnify and hold KOCH MEDIA, operators of the Apple or Google site, 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 and/or the Apple or Google site and/or Asset Variations and/or Communication Services or your violation of these Terms, applicable law, or the rights of any third party.
Access to Services.
KOCH MEDIA reserves the right to perform system upgrades, regular or planned or unplanned maintenance to the Game and/or the Apple or Google site and/or Asset Variations and/or Communication Services 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. KOCH MEDIA also reserves the right to change, modify, discontinue, suspend or abandon the Game and/or the Apple or Google site in connection with the Game 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. If this Agreement is terminated for any reason, the provisions in sections entitled PROPRIETARY RIGHTS and LEGAL NOTICES shall survive any such termination.
No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
These Terms and the policies incorporated herein, are the entire agreement between you and KOCH MEDIA. They supersede any and all prior or contemporaneous agreements between you and KOCH MEDIA relating to your use of the Game and/or the Apple or Google site. KOCH MEDIA may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of KOCH MEDIA to partially or fully exercise any rights or the waiver of KOCH MEDIA of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by KOCH MEDIA or be deemed a waiver by KOCH MEDIA of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of KOCH MEDIA under these Terms and any other applicable agreement between you and KOCH MEDIA shall be cumulative, and the exercise of any such right or remedy shall not limit KOCH MEDIA.s right to exercise any other right or remedy.
Koch Media is serious about protecting users. personal data and is obliged to adhere to all valid, related laws for the protection of individuals when processing personal data and to the free flow of data as well as other appropriate, applicable laws and legal regulations in your country of residence.
We have employed technical and organizational measures which, in our opinion, ensure that data protection laws are observed by us as well as by external service providers working for us.
Personal data are individual details about personal or business relationships of a specific or ascertainable person. The data includes information which is related or applicable to an individual person or creates a connection to that person. This includes information such as name, address, mailing address, and phone number. Information that cannot be associated with an actual identity (e.g., favourite websites or number of site users) is not protected.
In principle, you are entitled to use portions of our online services (website) without disclosing your identity. If, however, you would like to participate in games and the portal, we request the following personal data:
. E-mail address
The following data is requested for competitions and other events:
- Mailing address
- Possibly phone number
Additional data such as age and hobbies may be requested, within the framework of other actions (e.g., "Player of the Month"), and, published, with your permission, on the Web or in printed media. Koch Media employees are not authorized to request additional user data, such as credit card information, banking information, passwords, or phone numbers. Divulging personal information in online chat is the sole responsibility of users.
Storage of security of personal data
Data collected by us during player account registration is stored on the operator.s server in Munich, Germany. Database persons who require access because of technical, business, or editorial maintenance of the server and portal are legally bound by an agreement of confidentiality and non-disclosure.
A copy of the data is made available to us via FTP and stored on a local PC.
Your e-mail/mailing addresses may be requested via e-mail by support and stored with us.
We are committed to data security within the framework of applicable data protection laws. Please note however that no electronic communications are totally secure. We remind you that, despite our high standards, information that you voluntarily provide on the Web are never guaranteed to be 100% secure. There is always the potential danger that third persons may obtain unauthorized access. Koch Media is not responsible or liable for the disclosure of information due to data transmission errors and/or unauthorized access by third parties.
Once you have completed a declaration of consent, we collect, store, and process personal information for the purpose of individual information and management (e.g., newsletters).
We use e-mail addresses for administrative purposes such as account activation information, welcome e-mails, and newsletter distribution. Users may opt out of newsletters at any time.
If a user modifies account information (password, account name) or is temporarily or permanently blocked from the service ("kick, ban"), the system automatically sends an e-mail to the previously provided address. We do not control the distribution of such e-mails. This can only be achieved by deleting all account-related data.
For security purposes, data that could be used for identification (e.g., IP address, date, and time) is stored on our servers when you are granted access. Personal data is not used for any other purposes, apart from legal or official requirements. We reserve the right to conduct statistical analysis of anonymous data sets.
Sharing of personal information with third parties
Storing, modifying, or using data for other purposes is permitted only when necessary to protect against serious disadvantages for the common welfare, danger to public security, or protecting the interests of the common welfare . or when required for the prosecution of criminal or regulatory violations, the enforcement or execution of penalties or sanctions, correctional actions in accordance with juvenile law, or enforcement of civil penalties.
Koch Media employs appropriate measures to prevent the sharing of user personal data, including user account data, with third parties, except under the following conditions:
(1) To recoup costs associated with use of service.
(2) To generate statistics for academic or marketing research on an anonymous basis
(3) For the enforcement of certain guidelines of applicable laws and regulations, which expressly authorize such sharing, or to comply with judicial decrees that mandate such sharing.
(4) Upon catastrophic events, emergencies, or other acts of nature that are beyond the control of Koch Media.
Anyone may access (view) contributions placed in the discussion forum. You should ensure, before publishing, that your contributions do not contain information that is not appropriate for public viewing. You should be aware that your contributions may be accessed by search engines and accessible worldwide without specifically targeting our portal. Deleting or correcting such entries is frequently not possible with foreign operators.
Non-liability for online partner services
We remind you that in various technical areas we work with external partners who also offer Internet sites and services accessible from our sites. These partners generally have their own data protection guidelines. We assume no responsibility or liability for such declarations or activities that take place at other sites.
Right of withdrawal
You may delete data that you have entrusted with us at any time. Please send an e-mail requesting deletion of your account data to email@example.com. We remind you that the remonstrance of certain data for certain periods of time is stipulated by commercial and taxation laws. These data may only be deleted following legally stipulated time periods.