Terms Of Service


1. Terms Overview

This agreement and its terms (“Terms of Service”) govern the relationship between Crit Crew GmbH (hereinafter “Crit Crew”, “we”, “us” and “our”), a German company located in D-97070 Würzburg, Ludwigstraße 16 (Registergericht: Würzburg HRB 15433) and you (“user” or “your” or “you”) regarding your use of Crit Crew’s mobile games, websites and related services (the “Service”). Please also consider the Crit Crew 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.

Crit Crew 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 Crit Crew 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 Crit Crew 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 Crit Crew 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:

  • use our Service for abusive or fraudulent purposes;
  • try to reverse engineer, decompile, disassemble, decipher or otherwise hack our Service or Service of our partners to derive source code or any other information;
  • try to overcome or to defeat any of our or our partners’ encryption technologies, security measures, or data transmitted, that is processed or transmitted by us or our partners;
  • anonymize, disguise or hide your IP address or the source of any content that you may upload;
  • use cheats, exploits, mods, automation software, bots, hacks, or any unauthorized third-party software to interfere with the Service and/or any Crit Crew game, or do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms;
  • become involved in any type of attack, including but not limited to distributing a virus or any other attempt to disrupt the Service or any other person’s use of the Service;
  • use another mail address than your own to sign up to our Service;
  • publish material or information through the Service that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
  • collect, distribute and/or store any information from other people that use our Service;
  • violate any regulations of any partners connected to our Service;
  • use our Service to harm anyone or to cause offence to or harass any person;
  • create more than one account per platform to use our Service;
  • disrupt or overburden the servers providing our Service;
  • sell, lend or give away your Account or Virtual Goods and/or Virtual Money connected with it;
  • purchase or rent an Account from someone else;
  • create an Account using a false identity or information;
  • make improper use of Crit Crew’s support services;
  • disrupt or interfere with the normal flow of the Service or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when using our Service as well as engage in exchanges (including win trading, manipulation of rankings and taking advantage of errors in the Service to gain advantage over other players);
  • distribute any information that is defamatory, threatening, obscene, abusive, libelous, or racially, sexually, religiously offensive or engage in any kind of toxic behavior including but not limited to posting information that contains excessive violence, nudity, or messages that contain a link to such content;
  • infringe any intellectual property rights;
  • use our Service for commercial purposes or for the benefit of any third party;
  • use our Service in violation of any applicable regulation or law;
  • abuse, harass, harm, or advocate or incite harassment, abuse, or harm of another person or group or attempt to do so;

Crit Crew 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@critcrew.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. CRIT CREW 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 CRIT CREW, 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.

Crit Crew 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@critcrew.com, if you wish to terminate your account.

 

 

2.4 Privacy

Crit Crew is committed to protect your privacy rights. To this end, Crit Crew will comply with your permissions and privacy settings on your Android and iOS devices, such as “personalization using advertising ID” on Android and “Personalized Ads” on iOS in order to make sure we have your consent when providing personalized ads and other services within Crit Crew’s apps, that require sharing your personal data and/or Advertiser IDs. By using Crit Crew’s Apps and services you agree, that your data may be shared in accordance with you Android and iOS device settings. Please also consider the Crit Crew Privacy Policy which also governs your use of the Service.

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:

  • is in accordance with any laws, contractual restrictions or other third party rights;
  • always remains true, accurate, complete and is not misleading nor confidential;
  • does not contain adware, viruses, worms, spyware, promotional materials, unauthorized advertising, chain letters, junk mail, spam, or pyramid schemes;
  • is not harmful, unlawful, harassing, libelous, defamatory, obscene, objectionable, racist, or violent;
  • is in accordance with Crit Crew Privacy Policy

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.

Crit Crew 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. Crit Crew 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 Crit Crew 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 Crit Crew under these Terms of Service. You also hereby grant to Crit Crew 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@critcrew.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 CRIT CREW), ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF CRIT CREW.

 

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. Crit Crew 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 Crit Crew 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. Xou may also collect virtual goods with variable outcomes. According to national rules and regulations we’d like to publicate the propabilites of all four Safes that can be collected in Tower Duel at http://www.towerduel.com/safes.html

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 CRIT CREW 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, CRIT CREW 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 CRIT CREW 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 CRIT CREW’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 Crit Crew we strongly encourage you to contact us directly at legal@critcrew.com. If you still wish to bring legal action against Crit Crew, these terms shall be governed in all respects by German law. You agree that any dispute you may have against Crit Crew must be resolved exclusively by a court located in Würzburg, Germany.

 

7.2. Severability

You and Crit Crew 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 Crit Crew Privacy Policy, contain the entire acknowledgement of you and Crit Crew, 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

Crit Crew may delegate or assign these Terms of Service and/or the Crit Crew 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 Crit Crew’s prior written consent.

 

7.6. Notices

We will notify you via postings on www.critcrew.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:

Crit Crew GmbH

Ludwigstraße 16

D-97070 Würzburg

 

7.7. Force Majeure

Crit Crew 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@critcrew.com, if you have any questions, comments or concerns regarding our Terms of Service.

 

These terms were last updated on the 22nd of March 2019.