Last Updated: 30th September 2014
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
1. Contract between You and Us
1.1 This is a contract between you and O&O Software GmbH (“us”, “we”, “O&O”, “our”), Bülowstraße 66, 10783 Berlin, Germany, Managing Director: Dipl.-Inform. Olaf Kehrer, Commercial Register: Berlin-Charlottenburg, HRB 121676, VAT-ID DE267267409. You must read and agree to these terms before using the O&O Services. If you do not agree, you may not use the O&O Services. These terms describe the limited basis on which the O&O Services are available and supersede prior agreements or arrangements.
1.2 You represent that you are 13 years old or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.
1.3 We may immediately terminate this contract with respect to you (including your access to the O&O Games) if you fail to comply with any provision of these terms.
2 About accessing and playing the O&O Games
2.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
2.2 When you access the O&O Games through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. You should ask your mobile operator if you are unsure what these fees will be, before you play.
2.3 We have the right to withdraw or modify one or more of our Games (in whole or in part) without liability to you from time to time:
for technical reasons (such as technical difficulties experienced by us or on the internet);
to allow us to improve user experience;
if we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Games);
because it no longer makes business sense for us to provide the relevant Game.
2.4 There may also be times when our Games or any part of a Game is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
3 User conduct and content
3.1 You must comply with the laws that apply to you in the location that you access our Games from. If any laws applicable to you restrict or prohibit you from playing our Games, you must comply with those legal restrictions or, if applicable, stop accessing and/or playing our Games.
4.1 Competitions that you enter on a O&O Game may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.
4.2 Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries or other programs is prohibited and all such entries will be disqualified.
4.3 We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.
4.4 If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian’s consent before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law.
4.5 No cash or alternative prizes are available, except that O&O reserves the right to substitute a similar prize of equal or greater value.
5 Use and Expiration of Content and Entitlements/General License Restrictions
5.1 O&O grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the O&O Games accessed by you.
5.2 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Games is owned by or licensed to us.
5.3 You may not copy or download any Content from an O&O Game unless you are expressly authorized to do so. In addition, unless expressly authorized by O&O, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements. Any commercial use is prohibited.
5.4 You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the O&O Games you are using.
6 Rules of Conduct
6.1 You may violate O&O’s Terms of Service if you:
* Post, transmit, promote, or distribute Content that is illegal (including your player name).
* Harass, threaten, spam or do anything else to another player that is unwanted.
* Use abusive, offensive, or defamatory screen names and/or personas.
* Impersonate another person (including celebrities), indicate falsely that you are an O&O employee or a representative of O&O, or attempt to mislead users by indicating that you represent O&O or any of O&O’s partners or affiliates.
* Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software.
* Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt O&O Games.
* Use or distribute unauthorized “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
* You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.