This an agreement (“Agreement”) between you and Artur Frenzen (Leftegg Gamestudio), residing at Alexanderstraße 15, 75428 Illingen, Germany, ("Leftegg”) in connection with your use of Lefteggs´s games, websites, discussion forums and related services ("Services").
Please note that:
As a precondition for you using the Services, you must agree to this Agreement.
BY AGREEING TO THIS AGREEMENT, YOU REPRESENT YOU ARE AT LEAST 13 YEARS OLD. IN CASE YOU DON´T HAVE THE LEGAL CAPACITY TO ENTER THIS AGREEMENT, YOU REPRESENT THAT YOUR LEGAL GUARDIAN OR ANYONE BEING LEGALLY RESPONSIBLE FOR YOUR INTERESTS HAS AGREED TO TERMS OF THIS AGREEMENT.
BY ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE TERMS SET FORTH BELOW. IN CASE YOU DON´T AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.
In case the Services are free to use or download, such Services may contain features which may allow you to make purchases within the Services.
These Services are offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some Services may be subject to additional terms and conditions promulgated by LEFTEGG from time to time. Any material modifications to the Agreement will also be brought to your attention by posting on Leftegg´s website. Such material modifications will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of the Services after a modification has been made to the Agreement constitutes your acceptance of such modification
Subject to this Agreement, Leftegg hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal and non-commercial use. This Agreement shall also apply to any patches or updates obtained for the Services. The rights granted to you are subject to your full compliance with this Agreement.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SERVICES, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF LEFTEGG.
Accordingly, except as expressly licensed to you herein, Leftegg retains all right, title, and interest in and to the Services, including without limitation, and any and all associated copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, patches, updates, copies, derivative works, titles, computer code, audiovisual effects, themes, objects, characters, character names, stories, dialogs, settings, catchphrases, locations, concepts, artwork, images, animation, sounds, musical works, audio-visual, text, methods of operation, moral rights, whether registered or not. IN ACCORDANCE WITH THE PROVISIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE SERVICES IN ANY MANNER, EITHER IN WHOLE OR IN PART, IS EXPRESSLY AND EXPLICITLY PROHIBITED, UNLESS LEFTEGG EXPRESSLY CONSENTS IN WRITING.
You accept that the Services does not give you any title or ownership in any content appearing in the Services, and this Agreement should not be construed as a sale or transfer of any intellectual property rights to the Services. All rights not specifically granted under this Agreement are hereby reserved by Leftegg and, as applicable, by its licensors.
Leftegg may license to you certain virtual goods to be used within the Service and which you may purchase with "real world" money or which you may earn or redeem via gameplay ("Virtual Items"). Virtual Items are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
Leftegg may manage, control, modify or eliminate Virtual Items at any time, with or without notice.
The transfer of Virtual Items is prohibited except where expressly authorized in the Services, if any.
Virtual Items do not have an equivalent value in real world money and do not act as a substitute for real world money. Neither Leftegg nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Leftegg has no liability for hacking or loss of your Virtual Items.
Price and availability of Virtual Items are subject to change without notice. Subject to mandatory legislation, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in Services is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance has started.
Subject to mandatory legislation, you agree that Leftegg is not required to provide a refund for Virtual Items for any reason, and that you will not receive money or other compensation for unused Virtual Items, whether your loss of license under these TOS was voluntary or involuntary.
If you request that your personal data to be erased as specified in Leftegg´s Privacy Notice, you will permanently and without a right to a refund lose all your Virtual Items as Leftegg can no longer associate such Virtual Items with you.
You agree to use the Services only in a manner consistent with this Agreement. Therefore, you SHALL NOT, under any circumstances:
Services may include links to third party services (including without limitation advertisements served by third parties) and/or the third party services may be made available to you via Services. These services may include, but are not limited to, gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider and to which Leftegg is not a party to.
Leftegg or its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). However, if you submit us with Unsolicited Content, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you state in your accompanying message or otherwise. You further agree that such Unsolicited Content may be shared or used by Leftegg without compensation to you or any third party and you grant Leftegg a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, reproduce, transmit, amend, display and exhibit Unsolicited Content in all media now known or hereinafter invented for any purpose and create derivative works based upon the Unsolicited Content.
Because Leftegg would be irreparably damaged if the terms of this Agreement were not specifically performed, you agree that Leftegg shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law
Without limiting any other legal or equitable remedies, in the event you are in breach of the terms and conditions set forth in this Agreement, Leftegg reserves the right to suspend and/or terminate your access to the Services and either with or without notice to you limit.
In case Leftegg reasonably believes you are (i) creating any risk or exposing Leftegg to any possible liabilities, or (ii) infringing intellectual property rights of third parties, Leftegg may limit, suspend or terminate the Services or portions thereof, and take technical and legal steps to prevent users from accessing the Services.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS BASIS”. ACCORDINGLY, SUCH SERVICES ARE AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THEREFORE, LEFTEGG does not make, and hereby disclaimS, any and all express, implied or statutory warranties, including WITHOUT LIMITATION implied warranties of condition, uninterrupted use, accuracy of data (including but not limited to location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. LEFTEGG does not: (A) warrant against interference with your enjoyment of the Services; (B) that the Services will meet your requirements; (C) that operation of the Services will be uninterrupted or error-free, or (D) that the Services will interoperate or be compatible with any other services or that any errors in the Services will be corrected. No oral or written advice provided by LEFTEGG or its employees or other representatives create a warranty.
In case any jurisdiction does not allow the exclusion of any warranty in the manner set out above, such terms may not be applied to you. In such cases, the above exclusions of warranty shall be applied to the maximum extent permitted by the applicable laws of such jurisdiction.
IN NO EVENT SHALL LEFTEGG OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF LEFTEGG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF LEFTEGG SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL LEFTEGG´S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES EXCEED THE HIGHER OF: (I) THE ACTUAL PRICE (IF ANY) YOU PAID FOR THE USE OF THE LICENSE; OR (II) ONE HUNDRED DOLLARS (US$ 100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LEFTEGG AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE CERTAIN LIMITATIONS OF LIABILITY AS STATED ABOVE, SO THE ABOVE TERMS MAY NOT APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS.
You agree to indemnify, defend and hold Leftegg (including, without limitation, Leftegg´s officers, directors, agents, and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of this Agreement.
Leftegg may amend or update this Agreement from time to time. Whenever Leftegg makes any update or amendment to this Agreement, appropriate measures will be taken by Leftegg to inform you via the Services or otherwise.
In case you continue to access or use the Services after updates or amendments become effective, you agree to be bound by the updated or amended Agreement.
If any part of the Agreement is found to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect, to the maximum possible extend permitted by law.
Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
This Agreement represents the complete agreement between you and Leftegg concerning the Services and supersedes all prior agreements and representations, warranties or understandings between you and Leftegg (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
This Agreement shall be construed under Germany´s laws and you consent to the exclusive jurisdiction of the courts in Stuttgart, Germany.
If the jurisdiction of your domicile prohibits Leftegg from enforcing this choice of law provision, your rights based on the laws of your domicile will not be disregarded by this provision.
In case you have any questions about this Agreement, you may contact Leftegg at:
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE FULLY BOUND BY THIS AGREEMENT.