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General Terms & Conditions
Please note: The English translation of the Terms and Conditions is provided for the convenience of our non-German-speaking customers. Regardless of this, only the original German-language version is legally binding and will prevail.
1.Scope
- 1.1.These General Terms & Conditions (also referred to as “T&C”) shall apply to the use of the Internet Portal „Fettspielen.de“ (also referred to as “Service”), owned and operated by Rumble Media GmbH, Fritz-Erler-Str. 1-3, 76133 Karlsruhe, Germany, duly represented by David Zong-Hyeck An (also referred to as “Company”). Within the scope of these T&C, Company grants to you (also referred to as “Customer”) the right to play Onlinegames that were made available within the service by the Company or any third party. By registering to the Service, the Customer will be able to upload information (also referred to as “Content”) to Company's server and to make available such Content to third parties.
- 1.2.Company shall be entitled to modify these T&C at any time and such modifications shall be effective within four weeks upon either posting such modifications on Companys Website (http://Fettspielen.de) or notifying to Customer. In case Customer duly rejects such modifications, Company shall be entitled to terminate any Contract closed under these T&C upon the effective date of the aforementioned modifications. Terms and Conditions („Allgemeine Geschäftsbedingungen“) of the Customer shall not be applicable to these T&C or the scope of the T&C, regardless of Company expressively objecting to those Terms and Conditions.
2.Applicability
- 2.1.The Services is offered to individual persons of at least 7 years age.
- 2.2.The service is dedicated only to the personal and non-commercial use. Customer is solely responsible for any other use of the service and Company shall not be liable for any damages Customer suffers based upon such use. Additionally, Customer declares to hold Company harmless from all such damage resulting from such use.
3.Scope of Contract, Closing
- 3.1.By using the Service, Customer will be able to play Onlinegames that were made available within the service by the Company or any third party.
- 3.2.By registering to the Service, the Customer will be able to use additional features of the service. Registered Customers are able to share, receive and transmit Content within their own Profile Page. All Customers uploads are stored within Customer's dedicated space on Company's Servers. Additionally, Customer will be able to rate and comment all offered Onlinegames within the service and to get in contact with other registered users.
- 3.3.In case Customer's last login to the service is older than 3 months, Company shall be entitled to delete any Content after notifying Customer within a reasonable period of time in advance.
- 3.4.By registering to the service Company will send a registration link to customer's e-mail adress. By clicking on this registration link customer accepts these terms and conditions.
- 3.5.Customer acknowledges and agress that essential part of the service is a newsletter that will be sent to all customers periodically. Customer shall be able to cancel the sending of the newsletter at any time.
4.Customer's Rights and Obligations
- 4.1.Customer shall have the right to use the service within these terms and conditions during the contract period.
- 4.2.Customer warrants that all messages, data or content that customer sends to other customers using the service, will only be sent either with the receiving customer's consent or if customer acts in good faith and had reason to trust on the receiving customer's consent.
- 4.3.Customer shall at all times respect and act in compliance with all applicable laws and regulations.
- 4.4.Customer warrants that he has all necessary rights and titles (in particular all necessary rights with respect to copy right) to all content to upload to the service and to publish within the service. Customer warrants that he has all necessary rights and title to allow third parties to use the content. Customer must not make or distribute bootlegs or other copies without Customer having full right and title to do so. Before uploading or publishing any content to the Service, Customer is responsible to clarify all rights and title to the content and – if unsure – to omit publishing such content.
- 4.5.Customer is solely responsible for all his acts and omissions with respect to the use of the Service and in particular with respect to all uploaded and published content.
- 4.6.Customer must not use the service in any manner that is in any way abusive. Customer must not by intent or negligence support the illegal publishing of any content over the service.
- 4.7.Customer acknowledges and agrees that any activities that aim to obstruct or hinder the use of the Service or Company's websites are prohibited and that such use may be subject to legal actions. Any activities that could impact the physical or logical structures of the service are strictly prohibited.
- 4.8.Customer is responsible for keeping his account data (username and password) secret and to prevent the unauthorized use of his account data. Customer is obliged to inform Company immediately of any unauthorized use of his account data. Sections 6 and 7 apply.
- 4.9.Customer is responsible to comply with the applicable youth protection law (“Jugendschutzgesetz”). Customer must not publish any messages, data or content that is illegal, in particular content that glorifies violence, suggests race hate or is in any way discriminating or pornographic. Customer must not publish content that
- 4.9.1.contains pornographic or obscene material;
- 4.9.2.glorifies war, terror or violence;
- 4.9.3.is otherwise obviously qualified to heavily impact children or minors in their well-being;
- 4.9.4.presents humans, that are dying or that suffer heavy physical or mental distresses in a way that harms human dignity without predominately and legimate public interest;
- 4.9.5.suggests hate against parts of the population or against a national, race, religious or other group defined by their folklore, challenges violence or arbitrariness against them or that attacks human dignity by insulting, decrying or defaming parts of the population;
- 4.9.6.shows cruel or otherwise inhuman violence against humans or animals in a way that expresses glorification or trivialization of such violence or that shows the cruelty or inhumanity in a way that harms human dignity;
- 4.9.7.is qualified to defame, insult, threaten or slander other people.
- 4.10.Above that the use of offensive content, ambiguous terms or other exposures that may be assumed to be illegal is prohibited.
5.Rights of Use
- 5.1.After publication of the content within the service all rights and title in the content remain with the Customer. By publishing and transmitting the content to the service Customer grants Company a non-exclusive, worldwide, free of charge, perpetual and sublicensable licence to copy, distribute, modify and publicly display the content in connection with the service and the Company's business and in particular to promote or newly arrange the service and derivative works of the service through all known and unknown media channels and in any media format.
- 5.2.In case such content consists of Games Software, Company is entitled to provide such content with advertisements and to publish such modified content within the service.
- 5.3.Other customers shall not be entitled to use such content outside of the service.
- 5.4.Unless otherwise specified, all rights and title to the content remain with the licensors.
6.Indemnification
- 5.1.After publication of the content within the service all rights and title in the content remain with the Customer. By publishing and transmitting the content to the service Customer grants Company a non-exclusive, worldwide, free of charge, perpetual and sublicensable licence to copy, distribute, modify and publicly display the content in connection with the service and the Company's business and in particular to promote or newly arrange the service and derivative works of the service through all known and unknown media channels and in any media format. Customer holds Company harmless from and against any claims, damages, liabilities, costs and expenses, including reasonable counsel fees arising from any breach or any alleged breach of its representations, warranties, or undertakings under this Agreement, especially sections 4 and 5 or that result from any abusive use of Customer's account data by any third party, provided Customer is liable for that abusive use.
7.Company's Rights and Obligations
- 7.1.Upon a breach or a likely breach by customer of any of part of this agreement, in particular upon a breach of any stipulations under clauses 4 and 5, Company shall be entitled to in it's sole discretion:
- 7.1.1.immediately delete or block all of Customer's published content as well as every content that is dedicated to customer;
- 7.1.2.exclude Customer from parts of the service or the service in whole, temporarily or permant; or
- 7.1.3.cancel Customer's membership with immediate effect.
- 7.2.Company will issue a warning before excluding the Customer or terminating Customer's Membership unless Customer is in material breach of this agreement.
8.Termination
- This agreement may be terminated by either party at any time.
9.Liability and Warranty
- 9.1.Customer acknowledges and agrees that Company gives no warranty, that the service will be permanently available, error-free or in time. Customer acknowledges and agrees that there may be delays in access or transmission with respect to the service due to technical difficulties that are beyond Company's control. No warranty, whether implied nor expressed, shall exist that published content may be accessible, and Company shall not be liable for any delay or default performing hereunder if such delay of default is caused by conditions beyond it's control.
- 9.2.Customer acknowledges and agrees that it is impossible to develop Software that is error-free with respect to all use cases. Company gives no warranty that the Service and the underlying Software meets any special Customer's requirements. The service is not developed for and not designed to be used in dangerous or crash-proof environments like nuclear power plants, navigation systems or communication systems of airplanes, aerial surveillance, weapon or defense systems, life support systems or any other environments where software failures may cause death, personal injury or heavy impact on property or the environment. Company disclaims any expressed or implied warranty with respect to any of the foregoing use.
- 9.3.Nothing in this Agreement shall exclude or limit Company's liability for (i) losses arising out of death, injury to body or health resulting from the negligent breach of duty of Company or their servants, agents or employees, (ii) breach of any implied condition as to title other losses caused by gross negligence or wilful misconduct of Company their servants, agents or employees, (iii) losses where Customer has assumed guarantees of qualities, (iv)losses claimed on the basis of the German Product Liability Act (“Gesetz über die Haftung für fehlerhafte Produkte”).
- 9.4.In cases of (slight) negligence where Company breaches material contractual obligations ("Kardinalpflichten"), Company shall only be liable if damages are typical and reasonably foreseeable at the time of the conclusion of the Agreement.
- 9.5.Company shall not be liable for any Customer's or any third party's damages that were caused by the access, transmission, distribution, receiption, publication or display of any content.
- 9.6.With respect to company all content published by Customer's within the service shall be deemed as third party content. Such third party content shall not be deemed to reflect any of Company's opinions.
- 9.7.Customer acknowledges and agrees that Company shall not be liable for any damages in connection with loss or corruption of data resulting from the use of Software or the Service, wether directly or indirectly, including loss of profit. Customer shall be solely responsible for the periodically backup of Customer's data.
- 9.8.Foregoing section 9.1 to 9.7 shall be deemed to reflect Customer's complete claims with respect to the use of the Service.
10.General
- 10.1.Company is entitled to send legally effective notifications regarding this agreement to Customer's E-Mail-Box. All such notifications shall be deemed receipted by Customer on the working day following the day after the sending day.
- 10.2.The invalidity, illegality or unenforceability of any provision of this agreement shall not affect or impact the continuation of the remainder of this Agreement. In such case the parties will immediately substitute the invalid or illegal provision with a provision that corresponds most approximately in commercial aspects.
- 10.3.The construction, validity and performance of this agreement shall be governed by German law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
- 10.4.The parties – if legally possible – irrevocably submit to the exclusive jurisdiction of the courts of Karlsruhe, Germany.
