(“App and Web”)
§ 1 Provider of the App and Website
The Provider of the App and the Partner to the Agreement is
LEKIMAN UG (haftungsbeschränkt)
Tel.: +49 331 58820221
§ 2 Subject matter of the Agreement
(1) The subject matter of the Agreement is the use of the mobile games, online games and other services provided in iTunes with respect to the App Store, and of the websites of the Provider by the User. As a customer (“User”), the User can download the respective App in Apple's App Store.
(2) It is possible to purchase an upgrade, which is subject to a charge, for an ad-free version within the App. The User is informed of the price of the upgrade in advance in the App and has to expressly agree to purchase the upgrade. More details about the respective App can be found in the specification in the App Store and in the screenshots shown therein.
(3) The Provider guarantees a system availability of at least ninety-nine per cent (99%) for the respective calendar month.
The low-usage time at the weekend between midnight and 3:00 a.m. on Sunday morning shall be used for maintenance work and updates. This excludes those times during which games are not available due to force majeure, deliberate manipulation by third parties or problems which are beyond the Provider's control.
(4) In the case of Apps with online functionality, i.e. games with a multiplayer mode, proper functionality can only be expected, inasmuch as the User of the App installs the latest version on his device.
(5) It is the responsibility of the User to ensure that the hardware and software are up to date and suitable. The Provider does not provide any support regarding this.
Currently, the App can only be installed on Apple iOS devices. The specific requirements of the necessary iOS versions and suitable devices (“device”) respectively, at any time, are indicated on the relevant App page in the App Store.
The User shall bear any costs incurred for the hardware, software and the internet connection.
§ 3 Authorisation of use
If registration is required, this is only permitted if the User is of age and has unlimited legal capacity. Minors are prohibited from registering.
§ 4 Usage and conclusion of Agreement
(1) The User must be registered or the App installed to use the service.
The registration must be effected with an e-mail address registered to the User. In addition, it is possible for the User to register via the social network Facebook. The prerequisite is that the User has an account and/or a profile with Facebook.
(2) Only individuals are permitted to register and use the service.
(3) Third parties are not permitted to register.
(4) Each User may only register once per App. The User must not carry out any new registration for the duration of the existing registration.
(5) It is only possible to use the chat facility inside the App if the User has created a User profile.
§ 5 Creating a user profile
(2) The User may freely select a User name and a password to create the User profile. The User is not entitled to use a specific profile name. The selected player name must not infringe the rights of any third parties or breach any general ethical principles.
(3) The Provider shall not validate the identity of the profile owner or the details stated within profiles. The Provider does not therefore guarantee that any profile owner is, in fact, the person the respective profile owner professes to be.
§ 6 Licence
(1) When using the service, the User is not allowed to copy, to translate, to disassemble, to decompile, to reverse assemble or otherwise modify any parts of the service, unless this is permitted in accordance with this Agreement or according to applicable law.
(2) In addition, the User is not allowed to leave the service to a third party, in particular, not to sublicense, license, sell, lease, let, outsource or otherwise provide it to third parties.
§ 7 The User’s responsibilities and his duties to cooperate
(1) The User is responsible for the connection of the App or the Website, including the internet connection, as well as the necessary technical requirements.
(2) The User is not entitled to pass his login details to a third party. The User is obliged to handle his login details carefully and to prevent any misuse of the login details by third parties. If there is reason to suspect that unauthorised persons have gained knowledge of the login details, the User shall immediately notify the Provider of this and change the login details.
(3) Any labelling of the App and the website, in particular copyright marks, trademarks, serial numbers or similar must not be removed, modified defaced.
§ 8 Forbidden activities of the User
(1) The services available in the App and on the website are intended solely for non-commercial use by the User. The User is prohibited from using said services for or in connection with commercial purposes, unless such use has previously been expressly permitted in writing by the Provider. Unauthorised commercial use shall, in particular, include
- any offers and promotion of contents, services and/or products, both those belonging to the User and those of third parties, in return for payment,
- any offers, promotion and carrying out of activities with a commercial background such as competitions, lotteries, bartering, advertisements or pyramid schemes, and
- any electronic or other collection of identity and/or contact information (including e-mail addresses) of Users (e.g. for sending unsolicited e-mails).
(2) The User is prohibited from performing any activities on or in connection with the App and the website, which violate the prevailing law, infringe the rights of third parties or breach the principles of youth protection. In particular, the User is prohibited from performing the following actions:
- formulating, distributing, offering and promoting pornographic contents, services and/or products which violate youth protection laws, data protection laws and/or other laws, and/or which are fraudulent;
- using contents which offend or slander other Users or third parties;
- storing and/or disclosing or disseminating contents, the reproduction, provision, publication or use of which infringes the prevailing law or third parties' rights.
In particular, the User gives an assurance that he has the necessary rights of use (in particular copyright and ancillary copyright and trademark rights).
(3) In addition, the User is also prohibited, irrespective of a possible violation of the law, during the introduction of his own contents in the App and during communications with other participants, from performing the following activities:
- distributing viruses, trojans and other harmful files;
- sending junk or spam mails and chain letters;
- distributing suggestive, offensive, sexually explicit, obscene, or defamatory content and/or communications and such content and/or communications which is/are likely to promote and/or support racism, fanaticism, hatred, physical violence or illegal acts (both explicitly or implicitly);
- harassing other Users, for example by repeatedly contacting them personally without a reaction from, or contrary to the reaction of, the other User as well as promoting and/or supporting such harassment;
- prompting other Users to disclose passwords or personal information for commercial or unlawful or illegal purposes;
- distributing and/or publicly reproducing content available in the App and on the website, inasmuch as the User is not expressly permitted to do so by the respective author or this is not expressly provided as a functionality on the portal.
(4) The User is also prohibited from any action which is likely to adversely affect the smooth operation of the App and the website.
(5) In the event that the User becomes aware of a use of the App or the website which is illegal, abusive or contrary to the Agreement, or any other unauthorised use thereof, the User may report this to the Provider in the App via the support button, indicating the reason for his message. The Provider shall then check the course of events and, if necessary, take appropriate action.
§ 9 Blocking
(1) Irrespective of the existence of good cause to terminate the Agreement (Section 15), the Provider may also impose the following sanctions against the User, independently of a termination, after a due assessment of the circumstances, taking account of the User's interests and the seriousness of the breach:
- deletion of content introduced by the User into the App,
- temporary blocking of access to the App or to individual contents and/or
- temporary blocking of the User profile.
(2) If there is good cause to terminate the Agreement (§ 15), the Provider may also
- permanently delete content which the User has placed into the App,
- permanently block access to the App or to individual contents and/or
- permanently block the User profile, so that other Users no longer have access thereto.
§ 10 Placing of own contents; right of use
(1) The User may create his own objects for avatar images in the Apps by taking photos or uploading photos from a photo album. These objects are therefore visible to other Users.
(2) With respect to the content published by the User in the App, the User grants the Provider a non-exclusive, non-transferable right for an indefinite period of time, which is not limited to a particular territory, to be able to make this content available to the public, in particular to be able to reproduce and transmit it and reproduce it for the purposes of data backup.
(3) With respect to the other content created in the App, the User grants the Provider the non-exclusive, non-transferable, worldwide right which is time-limited to the life of the licence agreement, to be able to make the content created by him in the App accessible, in the event of enquiries via the internet, in accordance with the access authorisation specified by the User and, in particular, to this end, to be able to reproduce and transmit it, and reproduce it for the purposes of data backup.
§ 11 Warranty
The statutory warranty rights apply to the service, unless otherwise expressly agreed.
§ 12 Liability
(1) The Provider shall, in each case, be fully liable within the framework of the statutory provisions for damages
(a) arising from injury to life, body or health, which are based on an intentional or negligent breach of duty and/or otherwise on the intentional or negligent conduct of the Provider or one of its legal representatives or vicarious agents;
(b) which are based on an intentional or grossly negligent breach of duty and/or otherwise on the intentional or grossly negligent conduct of the Provider or one of its legal representatives or vicarious agents;
(2) The Provider shall be liable up to the limit of compensation for
the foreseeable damages, which are typical of the Agreement, for those damages which are based on a slightly negligent breach of essential obligations by the Provider or one of its legal representatives or vicarious agents. Essential obligations are obligations which must be fulfilled for the Agreement to be properly executed and on compliance with which the User may rely.
(3) The strict liability of the Provider in pursuance of Section 536 (a) (1) 1st alternative of the Bürgerliches Gesetzbuch [German Civil Code] (BGB) for defects, which already exist at the time that the Agreement is concluded, shall be excluded.
(4) The Provider shall only be liable, in the event of loss of data caused by simple negligence, for the damage which would have been incurred even if the data had been backed up by the User in a proper and regular manner commensurate with the importance of the data; this limitation shall not apply if backing up of the data was impeded or impossible due to reasons for which the Provider is responsible.
(5) The foregoing provisions shall also apply analogously to the Provider's liability with respect to compensation for wasted expenditure.
(6) This shall not affect liability in pursuance of the Produkthaftungsgesetz [Product Liability Law].
§ 13 Indemnity of the Provider
The User shall indemnify the Provider, at the first request, against all claims by third parties, who assert said claims against the Provider on the basis of or in connection with the culpable use of the App and the website by the User, as a result of existing labelling, registered design, utility model, patent, copyright and/or other intellectual property rights or, in particular, due to an infringement of personal rights or due to infringements of statutory prohibitions. The costs of a reasonable legal defence and/or prosecution vis-à-vis third parties incurred by the Provider with respect thereto shall be borne by the customer.
If the User realises or cannot fail to realise that such a violation is threatened, he is obliged to immediately inform the Provider.
§ 14 Data protection
With regard to data protection, the Provider's data privacy statement at [Please insert link] shall apply.
§ 15 Term and termination of the use
(1) This Agreement shall run for an unlimited period.
(2) The User may terminate the use of the App and the website and, therefore, this Agreement at any time by deleting the App. The Provider is thus entitled to irretrievably delete all of the data and content created by the User within the framework of the use.
The Provider may terminate this Agreement as at the end of any month by giving 5 days' notice. The Provider may terminate the Agreement via e-mail. The Provider is thus entitled to irretrievably delete all of the data and content created by the User within the framework of the use.
(3) This shall not affect the right of both parties to terminate the Agreement without notice for good cause. Good cause shall in particular exist for the Provider, if the User:
- does not comply with statutory regulations,
- causes damage to the Provider or other Users and/or jeopardises or prevents the trouble-free operation of the App.
§ 16 Final provisions
(1) All of the agreements between the parties are contained in this contractual document and the documents referred to herein. No further agreements exist.
(2) This Agreement is governed by German law, to the exclusion of the UN Convention on agreements for the International Sales of Goods (CISG).
Status as at: 15 June 2015