Terms Of Service

Byteghoul UG (haftungsbeschränkt) Terms of Service

Last update: July 3, 2017

Please read these Terms of Service ("Agreement") carefully. This Agreement governs your use of the websites and games (collectively "Services") provided by Byteghoul UG (haftungsbeschränkt) ("Byteghoul", "we", "our" or "us"). By using our Services, you agree to this Agreement as well as our Privacy Policy. Further, you confirm that you have the authority to enter into this Agreement. If you do not agree to all terms in this Agreement or if you do not have the authority to enter into it, do not use our Services.

From time to time, we may update this Agreement. In this case, we let you know by revising the date at the top of the Agreement or through other ways of communication, such as posting on our websites or in our games. Changes to this Agreement are effective when they are posted on this page. It is important that you always review the updated Agreement. If you continue using our Services after an update of this Agreement, you indicate to us that you agree to the modified Agreement. If you disagree, stop using our Services.

1 General Terms

You may use our Services if you are 14 years of age or older and have the authority to form a binding contract with us. Further, you agree to restrict access to our Services to children that are under 14 years of age.

Some of our Services may require you to create an account with us providing credentials. You agree that you will not disclose your account credentials to anyone and that you notify us immediately in case of any unauthorized access to your account. Further, you are responsible for any unauthorized access to your account or device as well as all activities that happen with your account or device, including purchases.

We reserve the right to remove or reclaim any user name chosen by you within our Services at any time and for any reason.

2 License

You can use our websites through any web browser and download our games through app stores to your device. Therefor, we grant you a limited, nontransferable, nonexclusive, nonsublicensable, revocable license to use our Services for your own noncommercial (except as defined in "3 Monetizing Our Games With Partner Programs") and personal entertainment purposes. You may not copy, modify, create derivative work, distribute, transfer, lease, lend, sell, sublicense or rent our Services to any third party (except as defined in "3 Monetizing Our Games With Partner Programs").

3 Monetizing Our Games With Partner Programs

We give you permission to use recorded video and audio material from our games for the purpose of monetization in partner programs such as YouTube or other streaming websites such as Twitch. Examples for the use of such recorded content are reviews, previews, "Let's Play" reviews or other similar forms.

4 Ownership

We own or have licensed all rights in the Services we provide to you including all content (except user content, see "User Content"), code, graphics, sound, music, text, titles and trademarks. When using our Services, you agree that you have no ownership or any other property interest in the Services or the account that you may create with us. Further, we own any virtual item, virtual goods or virtual currency (collectively "Virtual Goods") that you purchase (for example through in-app purchases) or accumulate when using our Services. In case of Virtual Goods being purchased by you, we grant you a limited, personal, nontransferable, nonsublicensable, recovable license to use the Virtual Goods inside of the corresponding Service. You do not own any Virtual Goods or account that you create with us. This license ends when you have used up the Virtual Goods or this Agreement expires or gets terminated.

5 Virtual Goods

You may be able to purchase Virtual Goods throughout our Services, for example as in-app purchases in our games. You agree that we may manage, modify or delete any Virtual Goods, purchased or accumulated, at any time, with or without notice. Further, you agree that all in-app purchases that you made in our mobile games are final and nonrefundable, except specified differently in the terms of the app store where you downloaded the game (Google Play Games / Apple App Store).

6 Your Conduct

When using our Services you agree to

  • only use our Services for your personal noncommercial (except as defined in "3 Monetizing Our Games With Partner Programs") entertainment purposes and according to this Agreement as well as the corresponding app store terms and applicable law.
  • only download our games and purchase Virtual Goods from the stores and for the platforms where we offer such Services and not from any third parties.
  • not disturb, manipulate or endanger the Services we offer. In particular, you shall not use, create or offer any cheats, exploits, automation software, bots or other unauthorized software that aims to manipulate our Services or try to circumvent our technical protection without our consent.
  • not perform, assist or be involved in any type of disruption, overburdening or attack of our Services including our server backends, for example through denial of service attacks or distribution of viruses, worms or Trojan horses.
  • not reverse engineer, decompile, disassemble or decipher any of our Services.
  • not attempt to gain unauthorized access to our Services running on the devices' of other users nor try to manipulate, modify or steal accounts or Virtual Goods from other users.
  • not attempt to steal, collect or post personal or private information from other users of our Services, for example financial information.
  • not sell or transfer any account or Virtual Goods to a third party.
  • not post or communicate any content that is not conform with applicable law, for example by infringing rights in intellectual property, confidentiality or privacy of others.
  • not post or communicate any links or references to services or sources that do not comply with the terms of this section.
  • not post or communicate any content for commercial purposes (except as defined in "3 Monetizing Our Games With Partner Programs").
  • not post or communicate any content that is insulting, offending, abusive, unethical, racist, threatening, provoking, harassing, obscene, pornographic, discriminating, encouraging violence or objectionable in any other way.

In case of any violation with these terms, we reserve the right to immediately terminate this Agreement with you, including revoking your license and accounts, by part or fully. Further, you acknowledge that you may be liable for violations of the applicable law.

7 User Content

"User Content" is any content that you provide to be made available through our Services, for example chat texts, forum posts or public user names. We do provide the technical means for you to make this content available, however, we are not obliged, responsible or able to monitor the User Content made available by you or others. If you are using our Services, you do so at your own risk of being exposed to inappropriate User Content. Further, you are solely responsible for the User Content you create in our Services and that you provide to others and we cannot control what other users may do with your User Content that you have made public, for example information or ideas that you would like to keep confidential.

If you make any User Content available through our Services, you grant us a permanent right to use, display and adapt your User Content throughout our Services. Further, we reserve the right, but do not have the obligation, to review, monitor, prohibit, edit, delete or disable your User Content in our sole discretion and without notice for any reason at any time.

8 Agreement Duration And Termination

This Agreement runs for an indefinite time. It starts with the use of our Services and terminates when you stop using our Services.

If you uninstall any of our games, you simultaneously terminate this Agreement for the corresponding game. You acknowledge and agree that any of this game's Virtual Goods purchased or accumulated may be lost and we have no obligation to refund or compensate you for such loss.

We reserve the right to limit, suspend, terminate, modify or delete any account or any part of our Services that you use if you do or we suspect you to violate any of our terms in this Agreement or if you provide a risk for our Services, with or without notice. In such a case you may loose your accounts as well as all progress and Virtual Goods, accumulated or purchased, within our Services and we are under no obligation to compensate you for any such loss. Further, we reserve the right to terminate any account that has been inactive for 180 days or more.

Some of our games are playable without an account registration and without any connection to the internet ("Offline Games") but may still provide online functions, such as leaderboards. If we find or suspect you violating any of our terms in this Agreement playing Offline Games, we may exclude you from such online functions, by part or fully and with or without notice. Further, we reserve the right to reset or clean up any of our leaderboards, by part or fully, at any time and with or without notice.

We do also reserve the right to stop offering and / or supporting any of our Services at any time. In this case, your license will automatically be terminated and we have no obligation to provide you refunds or any other form of compensation.

9 Warranty, Liability And Final Provisions

Even though we take state of the art precautions to ensure the security, consistency and availability of our Services for you, we cannot guarantee an uninterrupted and error free use of our Services as well as exclude other failures, such as data loss or the necessity to rollback our servers. Further, we do not warrant that all defects will be corrected. To the fullest extent allowed by applicable law, we shall not be liable to you for any consequential or incidental damage, including but not limited to loss of data, loss of Virtual Goods, loss of profit, service unavailability, computer damage, device damage or system failure. Further, we shall not be obliged to provide technical support.

Nothing in this Agreement shall limit our liability where applicable law does not allow for such a limitation.

If any provision in this Agreement is held to be invalid or unenforceable, validity and enforceability of the remaining provisions shall not be affected.

10 Contact Us

If you have any questions about this Agreement, contact us at legal@byteghoul.com.

Byteghoul UG (haftungsbeschränkt)
Karl-Philipp-Strasse 21
D-91626 Schopfloch
Germany

© 2017 • Byteghoul® • All rights reserved.