This End User License Agreement ("EULA") applies to games of SlinDev GmbH, Waldingstr. 2, 22391 Hamburg, Germany, Email: [email protected] ("SlinDev", "we", "us").
1.2 In addition to this EULA, the applicable game rules (if any) for the specific Game shall apply. In the event of any inconsistency between this EULA and the game rules this EULA shall prevail.
2.1 We do not offer our Games to children. A “Child” is a person (a) under 13 years old (for residents of the United States); and (b) under 16 years old or such age needed to consent to the processing of personal information in their country of residence (for residents of the EU). If you are a child, please obtain the consent of your legal guardian before using our Games.
2.2 You may not download the Game if you reside in a country that is subject to an official ban by the United States government or that the United States government has declared to be a country that supports terrorism. Therefore, if you download the Game through the Store, you, the User, represent and warrant that (a) you do not reside in a country that is subject to an official ban by the U.S. government; (b) that you are not on a list of "prohibited or restricted parties" published by the US government.
2.3 The Licensee Agreement for the free use of a Game or the use of the In-App Purchases is concluded with us as contracting partner and not with the relevant Stores. We alone, and not the Stores, are responsible for the Game and its content. If you have any complaints, requests or questions regarding the Games, please contact us. More information about us, in particular our contact details, commercial register number and names of the authorized representatives can be accessed under https://www.slindev.com.
2.4 The relevant Stores are not responsible for the provision of maintenance and support with regard to the Game. All claims regarding In-App Purchases, in particular, but not conclusively regarding a warranty for defects or other defaults, must be asserted against us as your contracting partner and not against the Stores. If the Game violates third-party rights we assume full responsibility to defend against and settle any copyright claims, the Store through which the Game was downloaded, is not responsible.
2.5 The Stores through which you download the Game are third-party beneficiaries of this EULA and, as third-party beneficiaries, they are entitled to enforce this EULA against you.
Concluding the License Agreement, Content of the License
3.1 By accepting this EULA and downloading the Game, we enter into a free license agreement with you, except if you make In-App-Purchases. Any terms and conditions of the User are expressly not part of the license agreement.
3.2 The User has a non-exclusive right to use the Game in a private context. The User might not reproduce the Game other than for the purpose of using the same on his own device. The Game may not be made publicly available on the Internet. Adaptation, decompiling, disassembly and reverse engineering of the Game are prohibited. Soliciting or aiding third parties in such actions is also prohibited. The authorization to use the granted rights expires at the latest with the expiry or termination of this EULA.
4.1 You will not use the Game in any way that contradicts or violates the EULA and licensing conditions or other agreements between you and the Stores.
4.2 You are obligated to keep any access data and especially selected passwords secret and not to disclose them to third parties. It is recommended to change passwords at regular intervals.
4.3 As User, you will refrain from any action that endangers or disrupts the operation and functionality of the Games. You are obligated not to use the Games in a form that violates legal provisions or the rights of third parties. This includes in particular the use for racist, discriminatory, pornographic purposes, purposes that endanger the protection of minors, politically extreme purposes or purposes that otherwise violate the law or official regulations or requirements. In particular, you are prohibited from
- choosing a user name that violates rights of third parties (in particular copyright, personal rights, trademark rights, company rights, etc.) or moral standards, e.g. is disrespectful towards religious orientation of third parties, is racist or discriminatory;
- using an e-mail or internet address as a user name;
- committing identity theft;
- using or publishing content tantamount to mobbing, or threatening, harassing, insulting or defamatory content, or publishing or linking to corresponding material on a third-party website, irrespective of whether this content affects other users, our employees or other persons or companies;
- using, placing or publishing discriminatory content (e.g. hate speeches against groups of persons, in particular based on race, ethnic origin, religion, disability, gender, age, veteran status or sexual orientation), or content that is political, immoral, pornographic, morally reprehensible, offensive, violent, glorifies violence, sexist, right-wing or left-wing or that violates laws, in particular child protection laws, or linking to corresponding material on a third-party website;
- advertising, offering for sale or otherwise promote offending products contravening the law, in particular child protection laws;
- violating applicable laws or prompting legal violations or linking to corresponding articles;
- publishing, duplicating, making publicly accessible or distributing protected content, and in particular violating industrial property rights (e.g. copyright law, trademark law, patent law, design patent law or utility patent law);
- advertising, offering or distributing goods or services;
- conducting or promoting anticompetitive actions, including progressive customer advertising (such as chain schemes, snowball schemes or pyramid schemes);
- requesting provision of personal data from other users;
- carrying out or advertising (also via a link) commercial activities and/or sales for third parties, e.g. advertisements, competitions, lotteries, draws, exchange transactions, snowball schemes;
- duplicating or making publicly accessible an image of another person without the relevant person’s written approval;
- publishing personal data and confidential information without authorization;
- using the services for commercial gain;
- publishing or distributing content that causes damage to networks, servers or other infrastructural components, hampers their operation, or accessing such content (e.g. distribution of worms, Trojans, viruses, spyware, password-phishing, etc.);
- publishing intentional false entries.
5.1 In addition to the free license agreement, we offer services subject to a charge in the relevant store (so-called “In-App Purchases”). Prior to such utilization, you are advised of your obligation to pay for these services by an appropriately clear marking, and you must specifically confirm this use. It is your choice whether or not you use these In-App Purchases. You will be made aware of the obligation to pay for these services by a clear marking and must expressly confirm the use by clicking on "Buy" or similar buttons.
5.2 The contract for In-App Purchases is concluded once you click on the button "Buy" or similar within the Store.
5.3 In-App Purchases include the provision of virtual currency (e.g. Coins) and the use of game advantages by way of virtual goods.
5.4 Payments for In-App Purchases Apps are processed through the relevant Stores. In this case, the stores' terms and conditions apply and this EULA applies as far as it does not contradict the Stores’ terms and conditions. The content, features and preconditions of the In-App Purchases apply which are communicated at the time of sale. Prices include VAT, if applicable.
5.5 Users may employ In-App Purchases for a certain duration. In-App Purchases may also be lost during the course of a Game, for example if they are destroyed during gameplay.
5.6 As far as the Games simulate currencies, e.g. “Coins” etc. these are In-App Purchases, not real money.
6.1 This EULA is concluded for an indefinite period of time. It can be terminated without cause by either Party at any time. In the case the user made In-App Purchases and such purchases are still in the user’s inventory or are still active, this EULA can be terminated without cause by both Parties by giving three (3) months’ notice.
6.2 The right to terminate the License Agreement for cause is unaffected. In the event of a proper termination by cause by either party, you may not demand a refund of the payments you have made when the notice becomes effective. As user, you have the option – until the time the notice becomes effective – to use and use up any In-App Purchases; thereafter you are not entitled to assert any reimbursement claims against us, in particular regarding non-utilized In-App Purchases. Furthermore, any claims for provision of the In-App Purchases cease to exist.
6.3 We are e.g. entitled to terminate the EULA for cause if there is a material violation of this EULA.
7.1 You are not entitled to use mechanisms, software, programs or other routines that could disrupt our systems. You may not adopt any measures that could lead to an unreasonable overload of the systems. The use of special software, in particular for the systematic or automatic control of the Games or special game features (Bots, Macros), for the reproduction or evaluation of the Games is not permitted.
7.2 It is prohibited to exploit bugs or faults in the Games' programming and during gameplay that could represent an advantage for you for personal or third-party purposes. If you discover any bugs, you shall notify us immediately. As far as you have derived any benefits therefrom, such benefits must be reimbursed to the extent this is possible. Intentionally exploiting bugs or fault, or publishing such exploits on the internet or though mobile applications, can lead to an immediate termination of the EULA without notice.
7.3 The use of software which allows data mining or that in any other way collects information associated with the Games is prohibited.
Limitation of liability
8.1 As far as our free services are concerned, we are only liable for defects which have their basis in willful or gross negligence from our side or culpable violation of life, body or health.
8.2 In order to cure defects with regards to In-App Purchases, we are entitled to provide you with an update of the Game.
8.3 We are liable for claims for damages and reimbursement of futile expenses ("claims for damages") due to an infringement of contractual or extra-contractual obligations only in cases
- of willful intent or gross negligence;
- of culpable violation of life, body, or health;
- of infringement of important contractual obligations which the User may rely on;
- where we assumed an express guarantee of condition and quality;
- or based on mandatory statutory liability.
8.4 Claims for damages for the infringement of important contractual obligations (except in cases of 8.3) are limited to damage typical and foreseeable for contracts.
8.5 The aforementioned liability limitations also apply to the personal liability of our employees, shareholders, representatives, bodies and their members, community manager, moderators, supporters, and vicarious agents.
8.6 The above provisions do not imply a change in the burden of proof to the user’s detriment.
Intellectual Property and User Generated Content
9.1 All parts of the Games, including, without limitation, any works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, features, or functionality, and other intellectual property contained in, comprising, or underlying the Games, are owned by SlinDev, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
9.2 The User might create levels, maps and scenarios and other content (“User Generated Content” or “Mods”) for the Games. If the User creates User Generated Content for the Games, they retain the rights to the content they generated, but grant SlinDev a free, non-exclusive perpetual license to use the User Generated Content.
9.3 The User warrants that they are the holder of the rights to the User Generated Content. Furthermore, the User warrants that the User Generated Content created by them does not infringe any copyright or other third-party rights.
9.4 Through the creation of the User Generated Content for the Games, the User grants SlinDev the global, free-of-charge, non-time-limited, irrevocable, non-exclusive and fully sub-licensable right to copy, distribute, publish, modify, translate, archive and store the User Generated Content generated by the User in all currently available or hereafter designed devices, formats or forms. This license shall primarily cover the rights to copy, alter, reproduce in part or in full, modify, develop, translate, use for any User Generated Content, incorporate into other works, exclude in part or in full from elements and/or the addition of elements, and the deletion, publication, distribution, sale or commercialization thereof.
9.5 The User shall be solely responsible for comments, opinions or remarks which are expressed in User Generated Content; opinions of this type do not represent the opinion of SlinDev.
9.6 The User shall indemnify SlinDev from all claims which are asserted by third parties on grounds of an infringement of its rights due to content of User Generated Content uploaded by the User, or due to the breach of other obligations. The User shall also bear the costs of any necessary legal defense by SlinDev, including all court costs and lawyers’ fees. This shall not apply if the User is not responsible for the infringement.
9.7 SlinDev shall reserve the right to delete, restrict, suspend or change the account of the User and its User Generated Content (as well as the option of sharing User Generated Content online or creating it), if the use of the account and/or User Generated Content does not comply with this EULA.
You may elect to informally provide us with Feedback. You agree that we own, and you hereby assign to us your intellectual property rights in and to, any and all Feedback and that we will be free to use, disclose, reproduce, license, distribute, and exploit the Feedback provided to us, royalty-free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. “Feedback” means any feedback or ideas you provide to us regarding the services, including the Games, or any suggested improvements.
Health and Safety Precautions
11.1 The below should be reviewed before use of the Game. Failing to review the below health and safety precautions may cause damage to property, injury, or death. These health and safety precautions are not intended to be an exhaustive list, and use of the Game may involve other health and safety risks not contained herein.
11.2 Epileptic Seizure Warning. Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including the Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing the Game. Stop playing the Game and consult a doctor if you have any of the following symptoms: convulsions, eye or muscle twitching, loss of consciousness or awareness, altered vision, involuntary movements, or disorientation. To reduce the likelihood of a seizure or epileptic symptoms do not play the Game when tired or need sleep and take 10 or 15 minute breaks every 30 minutes while playing the Game.
11.3 Motion Sickness. Playing video games (especially virtual reality games), including the Game, may cause motion sickness in some players. If you feel dizzy or nauseous when playing the Game, stop playing and rest. Do not drive, operate heavy machinery, or engage in other demanding or strenuous activity until you feel better. To limit the risk of motion sickness while playing the Game, do not use the Game when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, earaches, or other health issues which may increase your susceptibility to adverse symptoms.
11.4 Repetitive Motion Injuries and Eyestrain. Playing video games, including the Game, can make your muscles, joints, skin, or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation, or eyestrain:
- avoid excessive play;
- take a 10 to 15 minute break every 30 minutes while playing the Game;
- if your hands, wrists, arms, eyes, or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning, or stiffness, stop and rest for several hours before playing again; and
- if you continue to have any of the above symptoms or other discomfort during or after playing the Game, stop playing and consult a doctor.
11.5 Play Area Precautions. Give yourself plenty of room to play the Game. Always be aware of your surroundings when playing the Game. While playing the Game you will be moving around the play area and using your hands to control gameplay. Make sure the play area is clear of furniture, objects, and other people that could be bumped into during game play. Please ensure that you are not near other people, stairs, balconies, windows, walls furniture, or other objects that may pose a danger to you or could be damaged or injured during or immediately after using the Game. All objects that may pose tripping hazards, could cause injury, or could be damaged as the result of your contact with them while playing the Game should be removed from the play area prior to you playing the Game. Never handle sharp or dangerous objects while playing the Game. Due to the immersive nature of the Game, sound volumes should be kept at low enough levels that you are able to maintain awareness of your surroundings while playing the Game and so as not to damage your hearing. You should not use the Game if your awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hang-over, stress, anxiety or when suffering from a cold, flu, headaches, migraines, or other illnesses.
Online Dispute Resolution
For support of our Games and other game-related inquiries, please contact us via the Game or through [email protected]. The European Commission maintains an online dispute resolution (“ODR”) platform for alternative dispute resolution between consumers and online traders (https://ec.europa.eu/consumers/odr). We do not take part in a dispute resolution procedure in front of a consumer arbitration body and are not obliged to do so.
Choice of law
This EULA is subject to German laws with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the exclusion of the rules on conflict of laws.