Forest Ring Games UG (haftungsbeschränkt) – Terms of Service

 

1. Terms Overview

This agreement and its terms ("Terms of Service") govern the relationship between Forest Ring Games UG (haftungsbeschränkt) (hereinafter "FRG", "we", "us" and "our"), a German company located in D-97074 Würzburg, Josef-Martin-Weg 54/2 (Registergericht: Würzburg HRB 13722) and you ("user" or "your" or "you") regarding your use of FRG's mobile games, websites and related services (the "Servicdfghfghe"). Please also consider the FRG Privacy Policy which also governs your use of the Service. These terms are a legal agreement and contain important information about your rights and obligations in relation to our Service. Before accessing or using the Service or registering an account (the “Account”) to use the Service, you must agree to the Terms of Service and the Privacy Policy.

BY ACCESSING, INSTALLING OR USING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OR ANY FUTURE UPDATED VERSION OF THEM YOU MUST NOT ACCESS AND/OR USE AND MUST CEASE ALL ACCESS AND/OR USE OF ANY OF OUR SERVICES.

By using the Service, you confirm that you are at least 13 years old and if you are between 13 years and 18 years old, that your legal guardian has reviewed and agreed to these terms for you to access and/or use our Service.

FRG reserves the right to change, modify, remove or add parts of these Terms of Service and the Privacy Policy at any time by posting the modified terms on the FRG Service. You can access the latest version of these terms on http://www.towerduel.com/privacy.html and http://www.towerduel.com/terms.html. You accept such changes by continuing to use the Service. Your license to use the Service immediately terminates in the event of your disagreement with the current version of our Terms of Service and/or the FRG Privacy Policy which means that you must cease all access and/or use of the Service.

 

2. Accessing and Using the Service

2.1 Your Limited License to Use the Service

If you fully agree with our Terms of Service and Privacy Policy, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable and limited license to access and use the Service for your own non-commercial enjoyment purposes. You agree not to use the Service for any other purpose. These terms also apply to any updates or patches of the Service which we may release.

Our Service may include virtual money such as Credits or Maxx Bucks (“Virtual Money") or items to use within our Service such as Card Chests (“Virtual Goods") that can be acquired with “real” money. YOU UNDERSTAND AND AGREE THAT YOU PURCHASE A LIMITED, PERSONAL, NON-TRANSFERABLE, NON-SUBLICENSABLE, REVOCABLE LICENSE TO USE VIRTUAL MONEY AND VIRTUAL GOODS AND THAT YOU DO NOT OWN VIRTUAL MONEY AND/OR VIRTUAL GOODS. If you lose or damage a device that is not linked to your social network account, we cannot restore data to a different device, including Virtual Money and/or Virtual Goods.

As outlined in Section 1., you must not create an Account or access the Service if you are under the age of 13. You must restrict use by minors and deny access to children under the age of 13. You are fully responsible for any unauthorized use of the Service by minors and for any use of your credit card or other payment option (like PayPal) by minors.

You shall not use your Account for commercial purposes (including advertising or messages to anyone including but not limited to chain letters, spam or junk emails). You accept full responsibility for the consequences in the event of failing to keep your login details secret and agree to fully compensate us for any losses or harm that may result from this action. This includes selling, lending or giving away your Account, or creating an Account using a false identity or information, which is prohibited under these Terms of Service.

If you create an Account within our Service, you agree that you take all steps necessary to protect your login details and keep them secret and not to give your login details to anyone else or allow anyone else to use your login details or Account. You are solely responsible for maintaining the confidentiality of the login information and anything that happens through your Account, including purchases, whether authorized by you or not. Your Account shall only be used by you and we will not be responsible for any harm caused to you or anyone else because of an unauthorized person accessing your account and/or using our Service. You agree that FRG occasionally updates the Service, also updating third party software, with or without notice to you.

We do not guarantee that the Service or parts of it will be available at any given time nor that we will continue to offer the Service or parts of it. Regarding the availability of the Service we make no warranty nor representation. We reserve the right to modify or discontinue the Service in our sole discretion with or without notice at any time. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE OR PARTS OF IT CAN BE TERMINATED FULLY OR IN PART AT OUR SOLE DISCRETION WITH OR WITHOUT NOTICE TO YOU. YOU TAKE ALL RISKS OF LOSS THAT COME WITH THE TERMINATION OF THE SERVICE OR PARTS OF IT. We will provide our Service in accordance with any legally required standards.

 

2.2 Limitations

Every violation of the following License Limitations is strictly prohibited and can result in the immediate revocation of your limited license and may make you liable for violations of law. You agree that you will not, under any circumstances:

FRG reserves the right to decide which behavior constitutes a violation of the Terms of Service and reserves the right to take legal and technical actions. This may include terminating your Account and prohibiting you from using the Service in whole or in part.

If you are concerned that someone else is not complying with these terms, please contact legal@forestringgames.com.

 

2.3 Suspension and Termination of Service and Account

YOU UNDERSTAND THAT IF YOU OR WE DELETE YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS, YOU MAY LOSE ACCESS TO ANY DATA PREVIOUSLY ASSOCIATED WITH YOUR ACCOUNT. THIS MAY RESULT IN YOU LOSING YOUR USER NAME, ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR ACCOUNT. FRG IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY OF THESE ACTIONS OR LOSSES.

YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT THAT YOU CREATE USING THE SERVICE. WE MAY TERMINATE, SUSPEND, DELETE, OR MODIFY YOUR ACCOUNT AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU, FOR ANY REASON OR NO REASON.

IF YOU HAVE BEEN BANNED BY FRG, YOU SHALL NOT USE THE SERVICE AGAIN. WE FURTHERMORE RESERVE THE RIGHT TO DELETE YOUR ACCOUNT IF YOU HAVE NOT BEEN ACTIVE FOR 180 OR MORE DAYS. IN THIS CASE, YOU MAY NO LONGER BE ABLE TO ACCESS AND/OR USE ANY VIRTUAL MONEY AND/OR VIRTUAL GOODS THAT ARE ASSOCIATED WITH YOUR ACCOUNT. NO REFUND OR COMPENSATION IS OFFERED IN THIS CASE.

FRG also reserves the right to stop offering or supporting the service or parts of it at any time, resulting in the automatic termination of your license. No refund or compensation is offered in this case.

Please contact legal@forestringgames.com, if you wish to terminate your account.

 

3. User Content and Conduct

Within our Service you may share “User Content” which is any kind of data, communication, software, sound, image, information, tag, graphic, video, or other material that you or other users communicate, submit, send, upload, transmit or in any way make available via our Service (collectively “User Content”).

You are solely responsible for your User Content and any kind of interaction with other users. By communicating, submitting, sending, uploading, transmitting or in any way making available User Content you accept, confirm, warrant and take responsibility that your User Content:

Since we cannot and do not control, pre-screen or monitor all User Content, we do not guarantee the integrity, accuracy, or quality of User Content, nor do we take responsibility for User Content or any content that is submitted through our Service. You agree that by using our Service, you may be exposed to User Content that you may consider indecent, offensive, objectionable or otherwise in conflict with your expectations. As we won’t be liable for User Content in any way and under no circumstances, you bear all risks associated with the use of any User Content within our Service.

FRG reserves the right, without taking any obligation, to remove, review, prohibit, reject, monitor, edit, delete, and disable any User Content for any or no reason, with or without notice at any time. If you have a dispute with other users, you release us from actual and consequential demands, damages and claims of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. FRG reserves the right, without taking obligation, to become involved in any dispute you may have using the Service. In this case, you agree to fully cooperate.

WE DO NOT CLAIM ANY OWNERSHIP RIGHTS IN YOUR USER CONTENT AND TAKE NO RESPONSIBILITY TO MONITOR OR PROTECT YOUR INTELLECTUAL PROPERTY RIGHTS CONCERNING YOUR USER CONTENT.

When creating User Content you grant FRG a perpetual, irrevocable, fully paid-up, royalty-free, worldwide, transferable license to fix, copy, reproduce, adapt, modify, create derivative works from, manufacture, publish, distribute, sell, commercialize, license, sublicense, transfer, lease, transmit, publicly display, or provide access to electronically, broadcast, communicate to the public by telecommunication, perform, display, enter into computer memory, and use, in any way, your User Content as well as all modified and derivative works thereof in connection with our Service, including marketing and promotions of the Service. You also hereby grant us the right to authorize others to exercise rights that you granted to FRG under these Terms of Service. You also hereby grant to FRG the irrevocable, unconditional right to exploit and use any information or material related to your User Content without any obligation to you. Furthermore, you hereby waive any rights of attribution and/or any moral rights (for example the right to be named as the creator) you have in your User Content, except as prohibited by law.

Please contact legal@forestringgames.com, if you are concerned that someone is not acting in accordance with these terms.

 

4. Intellectual Property

You acknowledge that all trademarks, copyrights, and other intellectual property rights in and relating to the Service (other than User Content) are owned by or licensed to us.

YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN OUR SERVICE AND ACKNOWLEDGE THAT ALL RIGHTS IN AND TO THE ACCOUNT, INCLUDING ANY VIRTUAL MONEY OR VIRTUAL GOODS (WHETHER EARNED IN A GAME OR PURCHASED FROM FRG), ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FRG.

 

5. Purchases

As outlined in Section 2.1., you can purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use Virtual Money and Virtual Goods. FRG may regulate, control, modify or eliminate Virtual Goods and/or Virtual Money at any time, with or without notice and have no liability to you or any third party if FRG exercises any such rights. You agree that Virtual Money and/or Virtual Goods are not transferrable to anyone. You agree not to transfer or attempt to transfer any Virtual Money and/or Virtual Goods. You also agree that Virtual Money and Virtual Goods have no monetary value and can never be exchanged for real money, services or goods from us or anyone else, once purchased.

We may change the pricing and/or limit the amount of Virtual Goods and Virtual Money at any time. Virtual Goods or Virtual Money are usually purchased from your platform provider and hence also subject to the terms of service of your platform provider. Additional charges may be required by the bank you are using for the transaction. We accept no liability in relation to additional charges, because we have no control over them. You agree to pay all fees, applicable taxes and other charges incurred by you or anyone using an Account registered to you.

You agree that all sales concerning Virtual Money and/or Virtual Goods are final and are not refunded once a transaction has been made. The provision of the Virtual Goods or Virtual Money to you begins promptly and your purchase is complete once Virtual Goods and/or Virtual Money are successfully credited to your account on our servers. Your right of withdrawal is lost once your Virtual Goods and/or Virtual Money are successfully credited to your account on our servers.

YOU AGREE AND ACKNOWLEDGE THAT FRG IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE A COMPENSATION FOR UNUSED VIRTUAL MONEY AND VIRTUAL GOODS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. If we suspend or terminate your account you may lose any Virtual Money and Virtual Goods and we will not compensate you for this loss nor do we offer a refund.

 

6. Limitation of Liability and Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRG SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM USE, POSSESSION, OR MALFUNCTION OF THE SERVICE OR PARTS OF IT, INCLUDING BUT NOT LIMITED TO DAMAGES TO PROPERTY, LOSS OF PROFITS, COMPUTER FAILURE, LOSS OF DATA OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF FRG HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO CASE SHALL OUR LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR GAMES OR SERVICES.

WITHOUT LIMITING FRG'S LIABILITY, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE. WE DO NOT GRANT ANY WARRANTIES OR LIABILITY.

However, this may not apply for you when your jurisdictions do not allow the exclusion of certain warranties. In this case, we accept liability in accordance with any legally required minimum standards.

 

7. General Provisions

7.1. Complaints and Dispute Resolution

Most concerns can be solved quickly. If you have any dispute with FRG we strongly encourage you to contact us directly at legal@forestringgames.com. If you still wish to bring legal action against FRG, these terms shall be governed in all respects by German law. You agree that any dispute you may have against FRG must be resolved exclusively by a court located in Würzburg, Germany.

 

7.2. Severability

You and FRG agree that if any portion of these Terms of Service or the Privacy Policy is held to be invalid or unenforceable by any court of competent jurisdiction, the remaining provisions will continue in full force without being impaired or invalidated in any way and the invalid provision shall be replaced with a valid provision which most closely approximates the intent and economic effect of the invalid provision.

 

7.3. Entire Agreement

These Terms of Service and the FRG Privacy Policy, contain the entire acknowledgement of you and FRG, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

 

7.4. Waivers of our rights

No waiver of any breach of this Terms of Service will be effective unless made in writing and signed by an authorized representative of the waiving Party. The waiver by either Party of any breach will not operate or be interpreted as a waiver of any other or subsequent breach.

 

7.5. Assignment

FRG may delegate or assign these Terms of Service and/or the FRG Privacy Policy or portions of it to any person or entity with or without your consent at any time. You may not delegate or assign any rights or obligations under the Terms of Service or Privacy Policy without FRG's prior written consent.

 

7.6. Notices

We will notify you via postings on www.forestringgames.com, e-mail or any other communications means that you provided us with. Your notices to us shall only have a legal effect if they are in writing and addressed to:

Forest Ring Games UG (haftungsbeschränkt)

D-97074 Würzburg

Josef-Martin-Weg 54/2

 

7.7. Force Majeure

FRG shall not be liable for delay or default in the fulfillment of its obligations under this Agreement if such delay or default is caused by conditions beyond its reasonable control, including but not limited to war or other emergency conditions, the substantial inoperability of the Internet, acts of terrorism, riots, embargoes, strikes, denial of service attacks, natural disasters (including but not limited to fire, flood, accident, or earthquakes), telecommunications line failures, electrical outages, acts of God, system failures, or labor disputes.

 

8. Questions about these terms

Please send an email to legal@forestringgames.com, if you have any questions, comments or concerns regarding our Terms of Service.

 

These terms were last updated on the 31st of July 2017.