Terms

Terms of Use Latest update: 15th April 2008 1. Scope of validity The services provided by gameanddownload.com comprise the gameanddownload.com website (http://gameanddownload.com), the gameanddownload.com messaging service, as well as other features, content and applications (with the combined name of “gameanddownload.com services”) occasionally offered by gameanddownload.com in connection with the gameanddownload.com website. gameanddownload.com is registered in Germany and is a service of einheitberlin gmbh (haftungsbeschränkt). gameanddownload.com offers its services on the basis of these general Terms of Use.gameanddownload.com reserves the right to amend or add to these Terms of Use upon prior notice. Prior notice is given exclusively by publishing on the gameanddownload.com website. If the user acts contrary to the new conditions within a period of 14 days, gameanddownload.com is authorized to cancel the user’s contract or access at the moment the amended or added Terms of Use are due to come into effect. 2. Subject of Agreement and Specification of Services The free basic services offered by gameanddownload.com include the possibility of the user posting fashion or design-based content such as video streaming, audio streaming or text databases on the platform. The storage capacity for the uploading of multimedia content is limited for each user. In addition, members may create their own profiles, comment on and rate pictures and videos, invite other users, make new contacts and send mails to members via the internal messenger system. Additional Terms of Use and General Term and Conditions may be agreed for paid services and offers. 3. Registration and Use Upon completing registration, the user submits an offer to agree to use the services of the gameanddownload.com website. Upon approving registration, gameanddownload.com accepts this offer on behalf of the gameanddownload.com website, whereupon an agreement is concluded between the user and gameanddownload.com. Upon registering as a member, the user specifically recognizes these terms regulating the Terms of Use between the member and gameanddownload.com as being binding. Contrary terms are not acknowledged. The user undertakes not to disclose any passwords obtained by gameanddownload.com for reasons of access to their services. The user undertakes to notify gameanddownload.com immediately upon learning that the password is known to unauthorized third parties. If third parties should benefit from the use of the passwords, due to the user being at fault, the user shall be made liable for any damage caused to gameanddownload.com. 4. Content gameanddownload.com stores the video clips, audio clips, text features and information (altogether referred to as "content") for the user and/or merely enables access. gameanddownload.com reserves the right to refuse to post any content on the website or on a user’s account, or to remove and delete uploaded content from the website or a user’s account. This particularly applies to cases for which gameanddownload.com deems that the content does not adhere to a fundamental academic or fashion standard, breaches free democratic principles or is abused for the purposes of propaganda. The user is solely responsible for the content posted by him on the gameanddownload.com platform. The user therefore vouches to ensure that such content does not infringe against any bans, elements of crime, morality and the rights of third parties (in respect to institutions, people, copyright or data protection). In particular, the user undertakes not to portray any pornographic, violent, provocative, undemocratic or propagandist content, not to incite to criminal acts or offer assistance to the commitment of such acts, and not to allow any services of pornographic nature to be offered. The same applies to the sending of e-mails. Furthermore no content should be posted, which offends, slanders, bothers or damages other members or users in any way. The user may not send any data or store any data on a gameanddownload.com storage medium, which are in themselves or become in their properties or condition (e.g. through viruses), size or reproduction, liable to endanger the assets or operation of the services and the data network of gameanddownload.com. gameanddownload.com is entitled to impose a penalty of EUR 5,000.00 (in words: five thousand Euros) on the user, should the user upload or send such detrimental data on to the storage medium. Should the user infringe upon the stated conditions, gameanddownload.com is authorized to refuse to accept any content, and is authorized to delete the pages and offending articles forthwith, and is authorized to terminate the contract. gameanddownload.com is exonerated from any responsibility to check and justify this measure. Should the user infringe upon the stated conditions, the user is liable to compensation for gameanddownload.com for any direct or indirect damage arising from this. The user exempts gameanddownload.com from any legal action from third parties claiming for damages caused arising from the infringement. 5. Rights of use gameanddownload.com grants the user a simple, non-tranferable right to make use of the offers and services of the gameanddownload.com platform. The right to use this service terminates with the termination of the contract. By uploading the content, the user transfers gameanddownload.com the right to use the content posted by the user on to the platform. The rights of use include the revocable right to reproduce, distribute, send, report, publish or any comparable use of the transfered content all over the world, except for within the frame of the service offered by gameanddownload.com. Any claim whatsoever for compensation on behalf of the user or third parties is excluded. The right of withdrawal is exercised at any time through deleting the content. 6. Prices and payment for pay services Currently gameanddownload.com offers its services for free. gameanddownload.com is authorized in the future to offer special or general services (especially individual tools) for payment, even for services hitherto available for free. Prices and conditions will be displayed to the user in due time before charges apply. gameanddownload.com is hereby authorized to demand payment for services incurred up to 12 months in advance. The user hereby agrees to receive invoices electronically, in as far as this is necessary. gameanddownload.com is authorized to increase prices at any time, provided that written notice is given within 6 weeks. The amended price applies unless the user contests the amended price within 6 weeks. The contract is then continued on the basis of the amended conditions/prices. If the user contests the amendment in due time, both parties have the right to terminate the contract within a period of one month up to the end of the calendar month. Unless the prices are expressly agreed as being different, the prices are considered as binding. If the user is behind in making payment, gameanddownload.com is authorized to cease service provision and/or to suspend part of the service for the user forthwith. The user also remains liable for payment of the agreed sum during such times as payment is suspended. If payment of the sums are made by direct debit and debit payments are returned, gameanddownload.com will charge a service charge of EUR 9.80 per debit payment in addition to the bank charges incurred by gameanddownload.com. 7. Guarantee, Performance gameanddownload.com is a user-based platform set up on the development and continuation of content generated and posted by users. gameanddownload.com therefore takes no responsibility for the availability of a certain quantity of content or the existence of certain content itself, regardless of whether the content is fashion, pedagogic or of any other nature. gameanddownload.com merely offers users the technical opportunity to provide content, access content, form contacts or discuss content. The contentual layout of the website is the responsibility of the users of gameanddownload.com. gameanddownload.com does not assure the right of users to become the member of any group or groups. It is the right of the administrators or moderators of the respective groups to admit membership to any group. gameanddownload.com is not able to technically check the identity of users. gameanddownload.com therefore doesn’t bear any responsibility for the actual identity of a user. Each user must be satisfied in himself in respect to the identity of any other user. gameanddownload.com takes no responsibility for users making use of the platform for the purposes of pursuing any fashion, professional, commercial or any other economic purposes. The user hereby acknowledges that 100% availability of the gameanddownload.com website can not be technically assured. This notwithstanding, gameanddownload.com undertakes to attempt to make the gameanddownload.com website constantly accessible. Certain circumstances, especially pertaining to matters such as maintenance, security or capacity beyond the the control of gameanddownload.com (such as disruptions in public communication networks or power outages) can lead to short-term disruptions or the temporary loss of services on the gameanddownload.com website. Consequently no cover shall be provided for any malfunctions beyond the control of gameanddownload.com (such as a force majeure, or the fault of third parties) which arise from external influences, faulty use or any amendments, addition, installation, dismantling, repair attempts or any other actions not undertaken by gameanddownload.com. Furthermore no responsibility is borne for the posting or accessing of any videos, pictures or audio features. It is the duty of the user to report any arising defects by logging in writing the nature of any error messages displayed. gameanddownload.com may limit access to services, whenever so required in the interests of the security of the network operation, the maintenance of the whole network, in particular the prevention of major disruptions to the network, software or stored data. gameanddownload.com takes no responsibility for the content of communication between users. gameanddownload.com accepts no involvement in any contracts entered into between users. In particular gameanddownload.com is not a signatory to any such contracts, and is not responsible for the development or completion of any such contracts. 8. Rights of third parties gameanddownload.com accepts no liability for any videos, audio clips, texts, pictures or any other content posted by users. The user hereby exempts gameanddownload.com from any claims of third parties seeking to initiate legal action against gameanddownload.com on the basis of content posted by the user, which infringe the rights of third parties in respect to copyright, license, competition or other trademark rights. The user is liable to gameanddownload.com for any costs arising from legal proceedings or the infringing content. The user undertakes to make all required documents and details available to gameanddownload.com for the purposes of litigation. gameanddownload.com will exempt the user from any justifiable claims of third parties, which are based on the possible infringement of a commercial trademark right or copyright by gameanddownload.com, provided that the user immediately informs gameanddownload.com in writing of any such claims, and provided any measures of defense and comparative negotiations remain open to gameanddownload.com. Such obligations on the part of gameanddownload.com are not applicable if the claims of third parties and the infringement of the interests of third parties are due to the user, e.g. if the user has posted content on the platform of gameanddownload.com. 9. Liability gameanddownload.com only accepts liability for damages arising from deliberate or grossly negligent breaches of contract. This particularly applies in cases of an infringement of preliminary or subsidiary contractual agreements, as well as in cases of consequential damages from gross negligence. In cases of slight negligence, gameanddownload.com only accepts liability for the infringement of basic contractual responsibilities, so-called contractual obligations, in cases when these damages could reasonably have been foreseen. Furthermore gameanddownload.com accepts no liability for damages according to the Product Liability Act or for any damages arising from injury to life, body or health. gameanddownload.com retains the right to use the defense of contributory negligence. The preceeding restrictions of liability also apply to breaches of duty on the part of the contractual representatives or auxiliaries of gameanddownload.com. gameanddownload.com hereby distances itself from the content of all websites directly or indirectly referenced (by so-called "Links") from the gameanddownload.com website. gameanddownload.com undertakes no responsibility for this content or these websites. The providers of the respective websites are themselves responsible for the content of these sites. 10. Data protection The personal data of the data will be treated confidentially by gameanddownload.com according to legal regulations, and throughout the contractual period the data will only be stored, processed and used without further express permission for the purposes of implementing the contract and billing. The user hereby agrees to the display of profile data submitted by the user. The data will be stored, processed and used electronically. The user is hereby advised that gameanddownload.com retains the right to store, process and use the user account and connection data, in far as this is required on individual occasions, to detect, isolate and correct any disruptions and operation errors in the telecommunications units. If such respective conditions apply, gameanddownload.com may store, process and use the user account and connection data to detect unlawful use of the telecommunications networks and services. In line with the stipulations applying to such, gameanddownload.com will inform law enforcement agencies and courts with a view to initiating legal proceedings. gameanddownload.com undertakes to provide the user immediately and free of charge on request with any data stored about the user or user name. Upon the user’s demand, this information can also be provided electronically. gameanddownload.com is authorized to forward the user’s billing data to other service suppliers and third parties, in so far as this is required to determine the charge and for invoicing purposes. gameanddownload.com is authorized to forward the user’s billing data to third parties entrusted with the collection of charges, in so far as this is necessary for such purposes. Furthermore ScienceScience.com undertakes not to forward the user’s data or the content of the user’s private messages to third parties, without the express permission of the user. gameanddownload.com expressly advises the user that data protection and security can not be 100% assured on public networks such as the internet, according to the current state of technology. The user is aware that the provider has technical access to all content stored on the internet server, and in certain circumstances also to the data stored there. The user is solely responsible for the security and safekeeping of all data posted by him on the internet and stored on internet servers. The user hereby offers his consent to gameanddownload.com sending him emails throughout the duration of the contract offering technical support, technical tips and information about the extent of the service used, possible options to extend the service as well as other information pertaining to the use of the gameanddownload.com platform. For purposes of advertising, market research and the requisite presentation of services, gameanddownload.com is authorized to use videos, audio clips, text features, pictures, materials or key words uploaded by the user, and to create a respective profile from this content under the user name. The user has the right at any time to withhold his consent to such processing and use of his data. 11. Miscellaneous For these Terms of Use and all legal matters between the user/member and gameanddownload.com, the law of the Federal Republic of Germany shall apply to the exclusion of the German law of “Kollisionsrecht” (conflicting jurisdictions). Should individual provisions of these terms of use be or become invalid or incomplete, the validity of the other provisions remains unaffected. The invalid or incomplete provision shall be replaced or completed by a provision which comes closest to the intended economic consequence. The seat of jurisdiction for all legal matters arising in connection with gameanddownload.com is, as far as legally permissible, Berlin. Latest update: 15th April 2008