Terms of Service
Last Updated: June 10th, 2020
You can contact us by emailing us in writing to firstname.lastname@example.org
- Area of Application
- The Games may also include, where necessary, any additional services such as the acquisition of Virtual Currency (subject to the provisions of Section 12), which can be exchanged for purchasing digital objects, downloadable content, additional packets, additional functions, server changes, in-game name changes or any other additional functions (jointly: “Premium Features”), purchasing subscriptions, purchasing virtual objects in exchange for real currency as well as other additional services, in particular communicating with other players (e.g. forums, chat, user profile pages rankings etc.).
- Deca objects to the validity of any general terms and conditions of Users. Any general terms and conditions of users become an integral part of the Agreement only if Deca provided its express consent to them in writing.
- Deca may arrange competitions, tournaments, sweepstakes and other special promotions within the Games. These may be subject to separate provisions that the user will be referred to, if required.
- Applications for mobile devices (such as smartphones and tablets) and connected devices (together referred to as "Apps") are generally not directly provided by Deca but by a third party provider (hereinafter "App Store"). A separate user account of the User in the respective App Store may be necessary for this purpose. Game scores, high scores and achievements/accomplishments or in-app-purchases (jointly referred to as "Game Scores") are potentially tied to the Apps installed on the used mobile device or connected device and these cannot be transferred. When the User deletes the App and subsequently re-installs the App or changes the mobile device or the connected device and subsequently re-installs the App, the User has no claim against Deca for transferring the Game Scores to the other mobile device or connected device. Deca does not warrant that Game Scores achieved by playing on mobile data connections and/or mobile devices and/or connected devices are equivalent. In particular, graphic quality, sound quality and response times of a Game may be worse than playing via stationary data connections and/or stationary terminal devices. Certain functions and contents may not be available.
- We offer the Games only to consumers and your use is limited to non-commercial purposes. It is prohibited to use our Games for commercial purposes. Any participation in a Game is for entertainment purposes only.
- Changes to these Terms
- You have the right to object to any change or amendment after the date of publication and possibility of acknowledgment. In case of a objection, both Parties are entitled to an extraordinary right to terminate the Agreement in accordance with the termination provisions specified in this Agreement. Other rights to terminate shall be unaffected thereby. If you do not object within the objection period or if you continue to use a Game, then the change or amendment is deemed accepted and becomes an integral element of the Agreement.
- Users eligible to participate and Minimum Age Requirements
- As soon as an underage User uses his/her Account after having become an adult, then all contracts concluded before becoming an adult in connection with his/her Account shall be deemed to have been approved.
- We are entitled to request at any time written proof of your legal age or the written consent of your legal guardian.
- Accounts / Conclusion of Agreement
- In order to use a Game, you must register for an account with us (the "Account") and provide certain information about yourself as prompted by the Account registration form. You agree that you have no ownership or proprietary interest in your Account.
- The registration information you submit must be truthful, accurate and complete. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you agree that you will update that information on your Account. If any information you provide is or becomes untrue, inaccurate, or incomplete, Deca has the right to terminate your access to and use of your Account and the Deca Service. Deca is entitled but not obliged to verify the accuracy of your information. This may be done by Deca requesting documents to prove your identity such as a personal ID card. Deca is entitled to make the creation of an Account subject to such verification.
- You can delete your Account at any time, for any reason, by emailing us at email@example.com with the subject "Close My Account".
- You are responsible for maintaining the confidentiality of your Account log-in information, including your username and password. You must not share your Account log-in information with any third party. Accordingly, you are responsible for all activities that occur under your Account or through the use of your username and password, including any purchase of Virtual Currency, whether or not authorized by you or without your knowledge.
- You are responsible for ensuring that any username you select does not infringe any third-party rights or is unlawful. Your selection and use of a particular username do not give you any ownership or rights in that username. Deca may refuse to grant you a username in its sole discretion for any reason, including, without limitation, if it is illegal or offensive, if it impersonates or implies an association with another person.
- You must promptly change your password and notify us via the support center at https://support.decagames.com if you suspect or become aware of any unauthorized use of your Account or any other breach of security.
- You may not use anyone else's account or permit anyone else to use your Account for any reason, at any time. You agree that Deca will not be liable to you for any loss you may incur as a result of someone else using your Account. You also agree that you will be liable for any loss that Deca or any third party may incur as a result of someone else using your Account caused by a culpable act or failure to act of you.
- You agree to pay all fees for the purchase of Virtual Currency and/or Premium Features (hereinafter “Fees”) incurred by your Account, including any applicable taxes. You agree that Deca may amend the Fees payable for the Deca Service and may add new products and services for additional Fees and charges at any time in its sole discretion. You agree that there are no refunds for payments made through your Account.
- You are prohibited from transferring your Account to third parties without our prior written consent. Any transfer consent of us does not entitle to transfer the Account for a remuneration provided this has not been expressly permitted in the consent. The same applies to individual characters/game figures/avatars, which you have created within our Games.
- Grant of License
- Deca does not grant you any other express or implied rights or license in or to our Games, and all right title and interest that Deca has in its Games not explicitly granted to you by Deca or its licensors are retained by Deca or its licensors.
- You acknowledge that you have no right to have access to our Games in source code form or in unlocked coding or any other human-readable form.
- We reserve the right to modify, suspend or discontinue our Games and the license granted to you in whole or in part at any time, with or without notice. You agree that Deca shall not be liable to you or to any third party for such modification, suspension or discontinuation.
- You must not otherwise transfer a Game to any other person or share a Game with any other person.
- Restrictions of use for our Games
- not to use our Games for any commercial purpose, or for any purpose that is fraudulent or otherwise unlawful;
- not to interfere with the operation or fair play of the Games and to comply with our Acceptable Use Policy (acc. to Section 9 below);
- not to copy the whole or any part of our Games, except where such copying is incidental to the normal use of the Game for its intended purposes, or where it is necessary for the purpose of back-up or operational security;
- not to reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by our Games, including without limitation for public or commercial purposes, including any text, images, audio and video;
- not to rent, lease, sub-license, loan, distribute, time-share, translate, merge, adapt, vary or modify the whole or any part of our Games;
- not to make alterations to, or modifications of, the whole or any part of our Games, or permit a Game or any part of it to be combined with, or become incorporated in, any other product or service;
- not to disassemble, decompile, reverse-engineer, derive any code or algorithms or create derivative works based on the whole or any part of our Games or attempt to do any such thing except to the extent such activities are permitted under applicable law;
- not to sell, resell, link to, exploit, provide or otherwise make available the whole or any part of our Games (including object and source code), in any form to any person without prior written consent from us;
- not to remove any copyright, trademark or other proprietary rights notices from our Games, and to include our copyright notice on any copies you make of our Games on any medium; and
- that you are responsible for obtaining and have obtained any and all necessary authorizations, consents and permissions, including from any third party, to the extent that you submit, post, transmit or otherwise process personal data using our Games.
- You may not utilize any ancillary means, which maliciously modify the Game Score or the game process (specifically so-called "bots", "hacks" or "cheats"). In addition, you may not offer or promote such ancillary means. In particular, you are prohibited from using third party software or other applications to obtain Virtual Currency, Premium Features or other benefits such as the systematic or automatic control of our Games or of individual functions of our Games. The same applies to the intentional utilization of program errors ("exploits") for one's own benefit.
- Intellectual Property Rights
- Our Games (including all information and materials that we provide on or through our Games, including without limitation any data, text, pictures, graphics, audio, video, icons, games, software and upgrades, links and other content and features, and any upgrades, enhancements and/or modifications thereto) are protected by and embodies copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of publicity, and other intellectual property and proprietary rights (together, "Intellectual Property Rights").
- You acknowledge that you have no right to have access to all or any part of the Games in source code form.
- User Content
- “User Content” means any and all information and content or materials such as text, graphics, images, music, sound effects, photographs or other materials that you submit, post or transmit on or using a Game or any other service provided by Deca (together “Deca Service”), including through any ratings, comments, blogs, forums, email or other features. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or use by others, or any disclosure of your User Content that personally identifies you or any third party. You agree that you own all User Content that you post and that you do not need any permission from any third party to post your User Content. You agree that you will not misrepresent the source, identity or content of any information sent, posted, transmitted or made available via the Deca Service (such as claiming that you own or created User Content or other work that is not actually yours).
- How User Content cannot be used: You confirm and promise to us, that your User Content does not and will not violate our Acceptable Use Policy (see below at Section 9). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Deca. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.
- Backing up User Content: Deca is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice – accordingly we recommend you to store and backup copies elsewhere. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
- License for Deca to use your User Content: So that we can operate the Deca Service, and host and display your User Content (including by incorporating your User Content into the Deca Service) you grant (and confirm and represent to us that you have the right to grant) us a license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content on the basis that such license is:
- irrevocable – once agreed, you cannot remove or restrict our right to use your User Content as described above;
- non-exclusive – you and, if you let them, other people can use your User Content;
- royalty-free and fully-paid – we don’t have to pay you or any other party (either now or in the future) to use your User Content in the fashion described above;
- worldwide – we can use your User Content in the fashion described above anywhere in the world; and
- sub-licensable – you allow us to authorize other businesses and individuals to use the license described above, for the purposes of including your User Content as part of the Deca Service.
- Moral rights waiver: To the extent legally possible according to the applicable law, you hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
- Do not send us confidential information in User Content: Please note that the User Content you provide to us or make available on or through the Deca Service will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary. You acknowledge that your communications with other users via the Deca Service are public and not private communications, and that you have no expectation of privacy in respect of such communications. Any personal data you submit via ratings, comments, blogs, forums, email or other features of the Deca Service may be seen and used by other users. We strongly encourage you not to disclose your personal data via such ratings, comments, blogs, forums, email or other features. Deca is not responsible for any confidential information (including personal data) you communicate in this way.
- Monitoring: You agree that we have no obligation to monitor User Content that you or any other person provides or makes available on or through the Deca Service. However, you agree that we may in our absolute discretion, monitor, alter, remove or refuse to post any such User Content for any reason. The opinions expressed in User Content reflect solely the opinion(s) of the user and do not necessarily reflect the opinion(s) of Deca. We are not responsible for the accuracy, truthfulness or completeness of any User Content and we will not be liable to you for any loss or damage caused by your reliance on such User Content.
- Acceptable Use Policy
- With regard to the protection of our reputation and third-party rights, you agree not to use a Game in any way:
- that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- that is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
- that is harmful to minors in any way; or
- that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- With regard to the protection of our systems, you agree not to:
- use any features of a Game for anything other than their intended purpose, including exploiting any glitches for personal gain;
- interfere with, disable, disrupt, or create an undue burden on servers or networks connected to a Game, or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access or provide automated access to or use of a Game (or to other computer systems or networks connected to or used together with a Game), whether through password mining, unauthorized scripts, scrapers or offline readers or any other means;
- attempt to impersonate another person or entity, including (without limitation) any representative of Deca;
- stalk, harass, interfere with, restrict or inhibit any other user's use and enjoyment of the Games, including by bullying, grieving, shouting, flooding or using excessively large images so that the screen goes by too fast to read;
- use software or automated agents or scripts to produce multiple accounts our Games, or to generate automated searches, requests, or queries to our Games, or to strip, scrape, or mine data from our Games; or interfere with or disable any security-related features of our Games;
- make improper use of our support services, including by submitting false abuse reports; or
- assist, permit or encourage any person to perform any of the activities described above.
- The automatic establishment or registration of accounts or registrations to our Games is not permitted. Automated login is prohibited. Only the official clients and websites provided by Deca may be used to connect to the servers of our Games. You may not create, support, host, link or provide any other options, which can be used by another person to play our Games, such as server emulators.
- If you provide Deca with any feedback or suggestions regarding our Games ("Feedback"), you hereby transfer to Deca all rights in such Feedback. You also agree that Deca shall have the right to use and fully exploit such Feedback and related information in any manner it considers appropriate.
- Do not send us confidential information or personal data in Feedback. Please note that the Feedback you provide to us will not be treated as confidential information - accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary.
- Third Party Links & Ads
- Our Games may make available access to information, products, services and other materials made available by third parties, including links to third-party websites and services, and/or display advertisements for third parties (collectively, "Third Party Links & Ads"). By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Links & Ads.
- Virtual Currency
- What is Virtual Currency: Our Games may include fictional credits or currency, which we also sometimes refer to as "gold", "gems", "points" or "coins" or similar. These are collectively known as "Virtual Currency". Deca reserves the right to charge Fees for the right to access or use Virtual Currency, and/or may distribute Virtual Currency without charge, in its sole discretion.
- No monetary value: Virtual Currency has no cash value and is not redeemable for any sum of money. You agree that neither Deca nor any other person has – subject to Section 16 - any obligation to exchange your Virtual Currency for anything of value, including without limitation, real money. You also agree that if your access to one or more of our Games is suspended or terminated, or if Deca discontinues any or all of its Games, the Virtual Currency and your Account will have no value.
- Non-refundable and non-exchangeable: All purchases of Virtual Currency are final and are not refundable, transferable or exchangeable. Subject to Section 18, by purchasing Virtual Currency, you confirm that you want the Virtual Currency credited to your Account immediately and that by doing so you lose any cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it.
- Management of Virtual Currency: We have the right to manage, modify and/or remove Virtual Currency from our Games in our sole discretion at any time, and shall have no liability to you or anyone else for the exercise of such rights. Deca reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency available to you and to determine the amount of Virtual Currency that is credited and debited in connection with your use of our Games. Deca's determination of the amount of Virtual Currency available to you is final, unless you can provide documentation to Deca that such calculation was or is intentionally incorrect.
- Unauthorized Transactions: The unauthorized transferring, trading, selling, or exchanging of any Virtual Currency ("Unauthorized Transactions") to anyone, including to other users of our Games is prohibited. You hereby agree to indemnify Deca against any and all consequences resulting from any Unauthorized Transactions. You agree that Deca may stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction for any reason in its sole discretion (including where it is in Deca's best interest to do so and where the Unauthorized Transaction is or may be fraudulent, illegal, or in violation of these Terms) or may debit your balance of Virtual Currency, including where this may cause your balance to be zero and/or a negative amount. Deca may also suspend, terminate or modify your right to use one or more of our Games if you engage or assist in, or if Deca suspects you may have engaged or assisted in, any Unauthorized Transaction.
- Transaction information:
- You may be asked to supply certain information to us or our third-party payment providers in connection with any transaction involving Virtual Currency including, without limitation, your name, credit card number, and your billing address.
- Deca is not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions through a Games.
- Our Liability
- If Deca requires payment of a Fee for Virtual Currency, Premium Features or other services of Deca, then Deca shall only have an unlimited liability for damages if it acted willfully and with gross negligence. In the event of any violation of significant contractual duties, Deca shall also be liable in the event of slight negligence. Significant contractual duties or so-called cardinal duties in accordance with the law are such duties, which only allow proper execution of the Agreement and on the fulfilment of them you can depend.
- To the extent Deca provides services free of charge, Deca shall only be liable for damage compensation if it caused the damage by gross negligence or willful intent.
- The compensation obligation is always limited to the typical foreseeable damage in case of a violation of significant contractual duties.
- The typical foreseeable damage in accordance with the above-referenced Section 13.3 shall be no more than EUR 50.00 per Account.
- The above-referenced liability limitations do not apply to the liability in the event of injury to life, body and health or in case Deca assumed a guarantee or in case of liability in accordance with the Product Liability Act.
- Deca shall be liable for advice only if it concerns a problem with a certain Game.
- The above-mentioned exclusions or limitations of liability shall also apply in view of the liability of Deca’s employees, employers, colleagues, representatives and vicarious agents, especially to the benefit of the shareholders, colleagues, representatives, bodies and their members, which affects their personal liability.
- A change of the burden of proof to the disadvantage of you is not connected with the above-referenced regulations.
- Your Liability
- We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue our Games without notice for valid commercial reasons without liability to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes.
- You also acknowledge that unplanned system outages may occur:
- Our Games are provided over the Internet and so the quality and availability of the Games may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using our Games or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned.
- In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use our Games, and for paying any data charges that may be charged to you by your network provider in connection with your use of our Games.
- The Agreement between you and us is concluded for an unspecified time unless otherwise agreed in writing.
- Both Parties have the right to terminate the Agreement by giving an advance notice of seven workdays unless otherwise agreed in writing.
- You can demand us to delete your Account at any time. If you request to delete your Account, you terminate simultaneously the Agreement without complying with the termination period.
- Deca reserves itself the right to exercise its virtual domiciliary right at any time.
- The right of the Parties to terminate the Agreement at any time for a significant reason effective immediately remains unaffected by the above-referenced provisions. In particular, Deca can terminate this Agreement for any significant reason, if
- you are in arrears with the payment of fees by at least USD 5.00 and you do not pay despite two dunning letters.
- If you are -due to your acts or omissions - responsible for the extraordinary termination of Deca, then you are not permitted to create a new account if your Account was blocked unless you have the express prior written permission of Deca.
- Deca has the right to a special termination right, provided Deca loses authorization to operate a respective Game, e.g. because of the termination of the respective licensing agreement between Deca and the respective licensor. Other rights to terminate shall remain unaffected thereby.
- Every termination must be in written form, whereby the written form is maintained by e-mail.
- Communications between us
- If you wish to contact us in writing, or if any provision of these Terms requires you to give us notice in writing, you can send this to us by email to firstname.lastname@example.org.
- If we have to contact you or give you notice in writing, we will normally do so by email to an email address you have provided, or through the Game played by you.
- Right of Withdrawal (also Cancellation Right) and sample Cancellation Form
If you are a consumer normally resident in the European Union, then you shall be legally entitled to the right to withdrawal this Agreement in accordance with the following cancellation policy:
- Cancellation policy
RIGHT OF WITHDRAWAL:
You have the right to cancel this Agreement within fourteen days without needing to provide any reasons.
The cancellation period amounts to fourteen days from the day that the Agreement was concluded.
In order to exercise your cancellation right, you must inform us by means of an unambiguous declaration (e.g. a letter sent by post, fax or email) of your decision to cancel this Agreement. You may use the attached sample cancellation form, although this is not required.
For the purposes of ensuring the cancellation period you only need to send notification of you exercising the cancellation right before the cancellation period has expired.
- Consequences of cancellation
If you cancel this Agreement, we must immediately refund all payments to you, which we have received from you, including the delivery costs (with the exception of the additional costs resulting from you choosing a delivery method other than the most economical standard delivery option) no later than within fourteen days from the day on which we received your notification of cancelling the Agreement. We shall use the same payment method for the refund that you yourself used when making the original payment unless anything else was explicitly agreed with you to the contrary. You will not be charged under any circumstances for the refund.
- Premature lapsing of the cancellation right
Your cancellation right shall lapse prematurely in the case of a contract for the delivery of digital content not physically located on a data medium if you have explicitly agreed to us carrying out the contract before the expiry of the cancellation period and if you have consciously acknowledged that you will lose your cancellation right when the contract starts.
END OF THE RIGHT OF WITHDRAWAL
- Cancellation Form
(If you wish to cancel the contract, please complete this form and return it to us.)
To: Deca Live Operations GmbH, Kreuzbergstraße 28, 10965 Berlin, Germany
I/we (*) hereby withdraw from the contract I/we (*) entered into for the purchase of the following goods (*)/the provision of the following service (*) Ordered on(*)/received on(*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for forms on paper)
(*) Delete as applicable
- Final Provisions
- You are not entitled to assign to third parties your rights under this Agreement. Something else applies only if Deca provides its prior consent in writing. Deca is entitled to transfer to a third party any rights and duties under this contractual relationship. You can terminate the use of the respective Game effective immediately upon such transfer. Any Virtual Currency at the time in the User's account will be reimbursed.
- The laws of England shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the provisions of private international law. However, this choice of law only applies to consumers in the EU insofar as the protection granted by mandatory protection provisions of the law of the state in which the EU consumer has his habitual residence is not withdrawn if they grant the user further protection.
- In the event, you take legal action, suit must be filed before an English court or – for EU-consumers, before a competent court in the EU country in which you live.