Language: |
TERMS OF USE
§ 1
www.coregrounds.com provides the COREGROUNDS website, the computer game (GAME) and a weblog (NEWS). Contracting party of all agreements through www.coregrounds.com is
nolife labs UG (haftungsbeschränkt) / nolife labs UG (limited liability)
vertreten durch den Geschäftsführer / represented by the managing director
Herrn / Mr. Mario Kaiser
Graudenzer Straße 17
10243 Berlin
phone: +49 (0) 30 23130036
email: info@coregrounds.com
VAT-ID-No. : DE297007667
Hereinafter referred to as COREGROUNDS.
§ 2
This agreement solely applies for all contractual agreements between COREGROUNDS and their users in its form and at the time of the conclusion of the contract. Deviating, opposing or amending terms & conditions will not apply to the contract, regardless of COREGROUNDS’ knowledge, unless COREGROUNDS explicitly approves their validity at the conclusion of the contract.
Through this website, contracts are solely concluded with consumers within the definition of sec. 13 of the German Civil Code (BGB). Consumers on this view are notably natural persons that act on a basis neither attributed to their commercial nor to their self-employed professional activity.
The right of revocation in sec. 8 of this agreement shall not apply in connection with any business relation to entrepreneurs within the definition of sec. 14 of the German Civil Code. All users are advised to make use of their right of revocation in due time when in doubt of being consumers or entrepreneurs. In case a consumer turns out to be an entrepreneur within the definition of sec. 14 of the German Civil Code by a subsequent verification, the first sentence shall apply.
COREGROUNDS reserves the right to change, modify or amend these terms of use. In the event of a change, a modification and/or an amendment of these terms, COREGROUNDS will inform the user in textual form by providing a text version of the new terms and highlight the changes, modifications and/or amendments. The user is entitled to object to the changes, modifications and/or amendments and terminate the contract with COREGROUNDS within a four week period of the date of their announcement. If the user does not object within the four week period the new version of the terms shall enter into force by the expiration of the objection period. COREGROUNDS will inform the user about these consequences in textual form.
§ 3
The display of the services on this website does not indicate a binding offer by COREGROUNDS. The user submits a binding offer to conclude a contract by transmitting their registration request. COREGROUNDS reserves the right to freely decide about the acceptance of any offer. COREGROUNDS accepts the offer by sending a confirmation email of the registration or by providing their services to the user. In case the user does not receive a confirmation email or a service within three weeks, their offer is no longer binding. However, the user can revoke his offer at any time prior to its acceptance.
COREGROUNDS contracts only with persons that are at least eighteen years of age or that have the permission of their legal guardians. User account holders whose accounts have been suspended according to § 5 sec. 2 of this agreement are not allowed to re-register a new account. The user is only entitled upon the prior consent of COREGROUNDS to transfer their account to another person, their assignee has to fulfil the requirements of this provision. The request of an account transfer has to be made in textual form.
It is only possible to play the GAME as a registered user. Non-registered users may register by clicking the “LOGIN”-button to create a user account and entering a user name or email address and a password. Before submitting the registration request the user has to confirm the acceptance of these terms of use. The user acknowledges and may save these terms of use on any data storage device by the use of copy/paste prior to the registration request. The user may print out or save these terms of use on any data storage device prior to the registration request. Registered users may login to their account by entering their login data after clicking on the “LOGIN”-button.
The registration is also mandatory when the GAME is installed and played on a PC or mobile device. The user has to login or register during the installation process to be able to play the GAME.
The automated registration of accounts or logins is prohibited. The account registration and access to the GAME is free of charge. However, the user is advised that costs may arise from the use of their internet connection (see § 6 sec. 1). For the purchase of the In-Game-Currency CORDIUM the additional provisions of § 10 shall apply.
The user shall treat their login data as confidential towards third parties. Login data shall only be disclosed in the event of a transfer of the user account with the prior consent of COREGROUNDS according to the above sec. 2. In the event that the user has notice of the disclosure of their data to any third party the user shall immediately inform COREGROUNDS. COREGROUNDS reserves the right to change the login data in the event of unauthorized use in order to prevent further violations of rights. COREGROUNDS will inform the user about such actions immediately and will submit the new login data within reasonable time upon request.
The text of all contracts will be provided in English.
§ 4 Right of revocation
Revocation policy:
You have the right of revocation of the contract within 14 days without giving reasons. The revocation period is 14 days from the day of the conclusion of the contract.
To use your right of revocation of the contract you need to send an explicit notice of revocation (i.e. a letter or an email) about your choice to revoke the contract to
nolife labs UG
Mario Kaiser
Graudenzer Straße 17
10243 Berlin
Tel.: +49 (0) 30 23130036
E-Mail: info@COREGROUNDS.com
You may use the s t a n d a r d f o r m f o r r e v o c a t i o n attached. It is not mandatory to use this standard form.
To keep the revocation period it is sufficient to send out the declaration of the revocation within the revocation period.
Consequences of the revocation:
In case of your revocation of this contract we will reimburse you for all payments including shipping costs (except for the costs arising from your choice of a shipping method apart from standard shipping). We shall reimburse you immediately, at least within 14 days from the day we receive your notice of revocation of this contract. We will use the same payment method for the reimbursement as you used for the initial payment, unless otherwise explicitly agreed; you won’t be charged for the reimbursement.
Exclusion of the right of revocation:
In case of a contract about the delivery of digital contents we will begin to execute our contractual obligations, based upon your request, before the end of the revocation period. In such a case you must confirm your request of our early start and acknowledge the expiration of your right of revocation at the time we begin executing the contract.
Additional notice:
In case we have already started to provide our services within the revocation period, upon your prior request, you have to cover the costs that arise from our services at the appropriate rate at the time of your notice of revocation.
End of Revocation Policy
§ 5
All contracts between COREGROUNDS and the user are concluded for an indefinite period of time. Both parties are entitled to terminate the contract at any time and without giving reasons upon a prior notice of four weeks. The right to termination for cause remains unaffected.
COREGROUNDS is notably entitled to terminate the contract if the user violates major duties of the contract according to § 3 sec. 2, 5, § 6 sec. 2, 3, § 8 or seriously or repeatedly violates any other provision of these terms. In such cases COREGROUNDS will immediately ban the user account and delete all user data, profile information and user-generated content. All CORDIUM, CREDITS and BOOSTS of the user will expire at the time of termination and will not be reimbursed or refunded.
The user is entitled to apply for a cancellation of their account. COREGROUNDS will block the user account immediately upon such request and will delete all user data upon expiry of the time period stated above in sec. 1. It is assumed that by such request the user intends to terminate the contract with COREGROUNDS for cause. Any profile information and user-generated content as well as all CORDIUM, CREDITS and BOOSTS of the user will expire irrevocably upon expiry of the time period stated above in sec. 1 unless the user notifies COREGROUNDS otherwise.
COREGROUNDS asks the users to send any termination or cancellation notice in textual form, however, the textual form is not mandatory for a valid request. Please refer to § 11 for further information on data protection rights, in particular those from the General Data Protection Regulation.
§ 6
The GAME is only provided for the use according to the provisions in this agreement. To play the GAME it must be downloaded and installed on a PC or a mobile device. The proper use of the GAME requires a computer with at least a Dual Core processor with 2 GHz and 2 GB RAM. Proper game play on mobile devices requires the same technical specifications (2 GHz Dual Core processor and 2 GB RAM).
Downloads of the GAME are to be made through the STEAM online platform run by the Valve Corporation. The STEAM Subscriber Agreement Terms apply additionally. The use of the GAME on a mobile device requires its download through the App Store and its installation on the device. The App Store terms apply additionally.
Regarding the GAME currency CORDIUM the additional terms & conditions under § 10 shall apply.
The use of any action, method and/or software affecting or influencing the proper functioning of the GAME is prohibited. It is also prohibited to unduly utilize COREGROUNDS technical capacity. The user shall not change, modify, add and/or delete elements of the GAME without COREGROUNDS’ permission.
The user is only entitled to play the GAME in accordance with the GAME rules (as stated in the GAME GUIDE section on the website). Any violation of the law through the use of the GAME is prohibited, notably a violation of penal and youth protection provisions as well as any violation of third party rights.
COREGROUNDS reserves the right to adjust, develop and/or update the GAME without prior consent of the user. In this case the system requirements are subject to adjustments. Adjustments, developments and/or updates to the GAME requiring changes, modifications and/or amendments of these terms will follow the provision in § 2 sec. 4.
§ 7
Insofar as COREGROUNDS’ services are subject to a charge the following liability provisions shall apply. COREGROUNDS is only liable under the statutory rule for malice or gross negligence, including malice or gross negligence of representatives or employees of COREGROUNDS. Insofar as COREGROUNDS’ breach of contract is found to be neither malice nor gross negligence the liability is limited to the restitution of any foreseeable damages that typically arise. In the event of a breach of supplementary performance duties, COREGROUNDS is not liable for slight negligence. The liability due to a violation of life, bodily harm or health remains unaffected; the same applies to the liability pertaining to the German Product Liability Law (Produkthaftungsgesetz) and other binding statutory rules.
COREGROUNDS cannot guarantee unlimited accessibility of their website and/or the GAME. However, COREGROUNDS ensures an annual average accessibility of their website and GAME of 95 %. This does not include times of server inaccessibility due to circumstances beyond COREGROUNDS’ control. Times of periodical maintenance work are also excluded.
In the event of a default of COREGROUNDS’ or their employees’ responsibility, COREGROUNDS is liable under the statutory law. Damages caused by delay will only be met if based on COREGROUNDS’ or their employees’ malice or gross negligence and if the user has fulfilled their own duties to cooperate with COREGROUNDS.
COREGROUNDS will not review user-generated content on the website and/or in the GAME. COREGROUNDS’ liability for any content created by users is excluded. However, COREGROUNDS will attempt to immediately ban and/or delete any content upon the notification of a violation of rights.
§ 8
COREGROUNDS provides the opportunity to the user to create content in the GAME. The user grants COREGROUNDS a non-exclusive, transferable, spatially unlimited and unlimited in time, right to use any content created in the GAME.
The user must refrain from creating content in the GAME that violates third party rights and/or provisions of the law, especially copyrights, trademark rights and other industrial property rights. The user must ensure to neither use the website and/or the GAME in a racist, race-baiting, violence-glorifying, offensive, sexist or pornographic manner nor create any such content.
§ 9
COREGROUNDS is the holder of the copyrights and intellectual property rights of their website and the GAME and of their components insofar as these rights arise. These rights are protected in accordance with the German statutory law and the corresponding International provisions of the law.
COREGROUNDS grants to the user a non-exclusive, non-transferable, spatially unlimited, but limited to the contract term, right to use the website and the GAME. The user shall not copy, distribute, or modify the website and/or the GAME and/or their components unless it is necessary for their proper use. However, the user is entitled to publicly display the GAME and to embed hyperlinks of COREGROUNDS’ website, videos and/or screenshots of the GAME and/or their profile in third party websites (such as Twitch, Facebook, Twitter, etc.) for non-commercial purposes only. In such case additional third party terms and conditions may apply.
§ 10
COREGROUNDS provides the opportunity within the GAME to gather CORDIUM, CREDITS and BOOSTS as In-Game-Currencies. CREDITS is the standard In-Game-Currency and can be used to unlock further functional elements of the GAME (such as Units, Abilities, Mods). CREDITS can be earned by playing matches (single mode or versus other users) and through GAME achievements. The quantity of CREDITS to earn varies from the user’s ranking and their BOOSTS credit (see sec. 2).
The user may earn more CREDITS per action by the use of BOOSTS. The user can buy BOOSTS with CORDIUM, which is the Premium In-Game-Currency and can be purchased through STEAM or the App Stores (See sec. 3 below).
Depending on the device (PC, mobile) the user is guided through the GAME’s interface to an In-GAME-store. To enter the store he can either click on the CORDIUM icon or on the “SUPPORTER PACK” button. He can choose between a selection of CORDIUM packages. All of these can be selected by clicking on the displayed price button. The user is directly guided through to the STEAM or the App Store payment process and will have to follow it. The user can end the purchase process at any step before checkout without concluding a contract. By clicking on the button to checkout through the payment service (the user likes to choose) the user will be redirected to the payment service partner website. Upon the user’s confirmation of the purchase the In-Game-Currency will be credited to the user’s account.
COREGROUNDS provides purchase options for the Premium In-Game-Currency CORDIUM through STEAM and through the App Stores, all of them offer various payment methods. Please refer to the STEAM website or the App Stores for further information. Additional terms of STEAM and the App Stores may apply.
§ 11 Data Protection
COREGROUNDS hereby indicates according to the German Data Protection Law (BDSG) and the German Telemedia Law (TMG) that the user’s personal data is collected, processed and exploited in order to fulfil their contractual obligations. This data can be transmitted to mandated and selected partners according to § 11 BDSG.
The text of the contract won’t be stored by COREGROUNDS, however, these terms of use are always available and accessible through the COREGROUNDS website and within the GAME on mobile devices, the user may also check all data stored in his account when logged in. Registered users may review their previous purchases when logged in to their account.
By signing up for the COREGROUNDS newsletter the user name and email address will be exploited by COREGROUNDS upon the user’s approval until the user unsubscribes from the newsletter.
All data is only exploited to the aforementioned extent and will not be transmitted to unauthorized third parties.
Data Protection Notice in accordance to § 13 sec. 1 TMG
In order to create access statistics the following data will be collected when visiting this website:
IP-address
URL of the site
Referer (the website you’ve been referred by to our website)
Date und time of the visit
Duration of the visit
The data will only be collected for the aforementioned internal purposes and won’t be transferred to any third party.
Cookies
On this website we use cookies (session-cookies und permanent-cookies). Cookies are text files created by a server. The files collect data about the visitor and will be stored on the visitor’s device.
Session-cookies are only stored for the period of the visit, permanent-cookies are stored permanently on the visitor’s device. In the event of revisiting the website the stored information may be analyzed and the visitor may be identified through the permanent-cookies by the server. The data collected by cookies may be combined with user profile data.
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. In case IP-anonymisation is activated on this website, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transfered to a Google server in the USA and truncated there. The IP-anonymisation is active on this website. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage. The IP-address, that your Browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Addon for your current web browser: http://tools.google.com/dlpage/gaoptout?hl=en
Objection, Revocation, Disclosure, Correction, Blockage, Deletion
The user of COREGROUNDS’s website is entitled to revoke the approval to exploit their data according to § 15 sec. 2 No. 4 TMG and lay claim to disclosure of the collected data at any time. The user is also entitled to claim rectification, blocking or deletion of the data within the framework of the law. To make use of these rights or to send COREGROUNDS a notice of revocation to create a user profile the user may send an email to info@COREGROUNDS.com and indicate, if necessary, their IP-address and the time of their visit. COREGROUNDS will disclose the requested information and will initiate the rectification, blocking or deletion of the data as far as possible. The disclosure of the information will be made electronically upon request.
§ 12 Final Provisions
In the event that any provision in this agreement is or becomes invalid or unenforceable or is incomplete the validity of the remainder of this agreement shall not be affected.
This agreement shall be under the exclusive jurisdiction of the law of the Federal Republic of Germany. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
The place of performance for services and payments to the extent permitted by law shall be in Berlin. Any disputes arising out of or relating to the contract to the extent permitted by law shall be under the jurisdiction of the courts of Berlin. In relation to the user, the place of performance and the place of jurisdiction shall be the residence of the user. In the event that the user has no place of residence within the European Union the place of jurisdiction shall be Berlin. In relation to users within the European Union the law of the place of residence of the user is applicable to the extent forcing user rights are affected.
April 2018
§ 1
www.coregrounds.com provides the COREGROUNDS website, the computer game (GAME) and a weblog (NEWS). Contracting party of all agreements through www.coregrounds.com is
nolife labs UG (haftungsbeschränkt) / nolife labs UG (limited liability)
vertreten durch den Geschäftsführer / represented by the managing director
Herrn / Mr. Mario Kaiser
Graudenzer Straße 17
10243 Berlin
phone: +49 (0) 30 23130036
email: info@coregrounds.com
VAT-ID-No. : DE297007667
Hereinafter referred to as COREGROUNDS.
§ 2
This agreement solely applies for all contractual agreements between COREGROUNDS and their users in its form and at the time of the conclusion of the contract. Deviating, opposing or amending terms & conditions will not apply to the contract, regardless of COREGROUNDS’ knowledge, unless COREGROUNDS explicitly approves their validity at the conclusion of the contract.
Through this website, contracts are solely concluded with consumers within the definition of sec. 13 of the German Civil Code (BGB). Consumers on this view are notably natural persons that act on a basis neither attributed to their commercial nor to their self-employed professional activity.
The right of revocation in sec. 8 of this agreement shall not apply in connection with any business relation to entrepreneurs within the definition of sec. 14 of the German Civil Code. All users are advised to make use of their right of revocation in due time when in doubt of being consumers or entrepreneurs. In case a consumer turns out to be an entrepreneur within the definition of sec. 14 of the German Civil Code by a subsequent verification, the first sentence shall apply.
COREGROUNDS reserves the right to change, modify or amend these terms of use. In the event of a change, a modification and/or an amendment of these terms, COREGROUNDS will inform the user in textual form by providing a text version of the new terms and highlight the changes, modifications and/or amendments. The user is entitled to object to the changes, modifications and/or amendments and terminate the contract with COREGROUNDS within a four week period of the date of their announcement. If the user does not object within the four week period the new version of the terms shall enter into force by the expiration of the objection period. COREGROUNDS will inform the user about these consequences in textual form.
§ 3
The display of the services on this website does not indicate a binding offer by COREGROUNDS. The user submits a binding offer to conclude a contract by transmitting their registration request. COREGROUNDS reserves the right to freely decide about the acceptance of any offer. COREGROUNDS accepts the offer by sending a confirmation email of the registration or by providing their services to the user. In case the user does not receive a confirmation email or a service within three weeks, their offer is no longer binding. However, the user can revoke his offer at any time prior to its acceptance.
COREGROUNDS contracts only with persons that are at least eighteen years of age or that have the permission of their legal guardians. User account holders whose accounts have been suspended according to § 5 sec. 2 of this agreement are not allowed to re-register a new account. The user is only entitled upon the prior consent of COREGROUNDS to transfer their account to another person, their assignee has to fulfil the requirements of this provision. The request of an account transfer has to be made in textual form.
It is only possible to play the GAME as a registered user. Non-registered users may register by clicking the “LOGIN”-button to create a user account and entering a user name or email address and a password. Before submitting the registration request the user has to confirm the acceptance of these terms of use. The user acknowledges and may save these terms of use on any data storage device by the use of copy/paste prior to the registration request. The user may print out or save these terms of use on any data storage device prior to the registration request. Registered users may login to their account by entering their login data after clicking on the “LOGIN”-button.
The registration is also mandatory when the GAME is installed and played on a PC or mobile device. The user has to login or register during the installation process to be able to play the GAME.
The automated registration of accounts or logins is prohibited. The account registration and access to the GAME is free of charge. However, the user is advised that costs may arise from the use of their internet connection (see § 6 sec. 1). For the purchase of the In-Game-Currency CORDIUM the additional provisions of § 10 shall apply.
The user shall treat their login data as confidential towards third parties. Login data shall only be disclosed in the event of a transfer of the user account with the prior consent of COREGROUNDS according to the above sec. 2. In the event that the user has notice of the disclosure of their data to any third party the user shall immediately inform COREGROUNDS. COREGROUNDS reserves the right to change the login data in the event of unauthorized use in order to prevent further violations of rights. COREGROUNDS will inform the user about such actions immediately and will submit the new login data within reasonable time upon request.
The text of all contracts will be provided in English.
§ 4 Right of revocation
Revocation policy:
You have the right of revocation of the contract within 14 days without giving reasons. The revocation period is 14 days from the day of the conclusion of the contract.
To use your right of revocation of the contract you need to send an explicit notice of revocation (i.e. a letter or an email) about your choice to revoke the contract to
nolife labs UG
Mario Kaiser
Graudenzer Straße 17
10243 Berlin
Tel.: +49 (0) 30 23130036
E-Mail: info@COREGROUNDS.com
You may use the s t a n d a r d f o r m f o r r e v o c a t i o n attached. It is not mandatory to use this standard form.
To keep the revocation period it is sufficient to send out the declaration of the revocation within the revocation period.
Consequences of the revocation:
In case of your revocation of this contract we will reimburse you for all payments including shipping costs (except for the costs arising from your choice of a shipping method apart from standard shipping). We shall reimburse you immediately, at least within 14 days from the day we receive your notice of revocation of this contract. We will use the same payment method for the reimbursement as you used for the initial payment, unless otherwise explicitly agreed; you won’t be charged for the reimbursement.
Exclusion of the right of revocation:
In case of a contract about the delivery of digital contents we will begin to execute our contractual obligations, based upon your request, before the end of the revocation period. In such a case you must confirm your request of our early start and acknowledge the expiration of your right of revocation at the time we begin executing the contract.
Additional notice:
In case we have already started to provide our services within the revocation period, upon your prior request, you have to cover the costs that arise from our services at the appropriate rate at the time of your notice of revocation.
End of Revocation Policy
§ 5
All contracts between COREGROUNDS and the user are concluded for an indefinite period of time. Both parties are entitled to terminate the contract at any time and without giving reasons upon a prior notice of four weeks. The right to termination for cause remains unaffected.
COREGROUNDS is notably entitled to terminate the contract if the user violates major duties of the contract according to § 3 sec. 2, 5, § 6 sec. 2, 3, § 8 or seriously or repeatedly violates any other provision of these terms. In such cases COREGROUNDS will immediately ban the user account and delete all user data, profile information and user-generated content. All CORDIUM, CREDITS and BOOSTS of the user will expire at the time of termination and will not be reimbursed or refunded.
The user is entitled to apply for a cancellation of their account. COREGROUNDS will block the user account immediately upon such request and will delete all user data upon expiry of the time period stated above in sec. 1. It is assumed that by such request the user intends to terminate the contract with COREGROUNDS for cause. Any profile information and user-generated content as well as all CORDIUM, CREDITS and BOOSTS of the user will expire irrevocably upon expiry of the time period stated above in sec. 1 unless the user notifies COREGROUNDS otherwise.
COREGROUNDS asks the users to send any termination or cancellation notice in textual form, however, the textual form is not mandatory for a valid request. Please refer to § 11 for further information on data protection rights, in particular those from the General Data Protection Regulation.
§ 6
The GAME is only provided for the use according to the provisions in this agreement. To play the GAME it must be downloaded and installed on a PC or a mobile device. The proper use of the GAME requires a computer with at least a Dual Core processor with 2 GHz and 2 GB RAM. Proper game play on mobile devices requires the same technical specifications (2 GHz Dual Core processor and 2 GB RAM).
Downloads of the GAME are to be made through the STEAM online platform run by the Valve Corporation. The STEAM Subscriber Agreement Terms apply additionally. The use of the GAME on a mobile device requires its download through the App Store and its installation on the device. The App Store terms apply additionally.
Regarding the GAME currency CORDIUM the additional terms & conditions under § 10 shall apply.
The use of any action, method and/or software affecting or influencing the proper functioning of the GAME is prohibited. It is also prohibited to unduly utilize COREGROUNDS technical capacity. The user shall not change, modify, add and/or delete elements of the GAME without COREGROUNDS’ permission.
The user is only entitled to play the GAME in accordance with the GAME rules (as stated in the GAME GUIDE section on the website). Any violation of the law through the use of the GAME is prohibited, notably a violation of penal and youth protection provisions as well as any violation of third party rights.
COREGROUNDS reserves the right to adjust, develop and/or update the GAME without prior consent of the user. In this case the system requirements are subject to adjustments. Adjustments, developments and/or updates to the GAME requiring changes, modifications and/or amendments of these terms will follow the provision in § 2 sec. 4.
§ 7
Insofar as COREGROUNDS’ services are subject to a charge the following liability provisions shall apply. COREGROUNDS is only liable under the statutory rule for malice or gross negligence, including malice or gross negligence of representatives or employees of COREGROUNDS. Insofar as COREGROUNDS’ breach of contract is found to be neither malice nor gross negligence the liability is limited to the restitution of any foreseeable damages that typically arise. In the event of a breach of supplementary performance duties, COREGROUNDS is not liable for slight negligence. The liability due to a violation of life, bodily harm or health remains unaffected; the same applies to the liability pertaining to the German Product Liability Law (Produkthaftungsgesetz) and other binding statutory rules.
COREGROUNDS cannot guarantee unlimited accessibility of their website and/or the GAME. However, COREGROUNDS ensures an annual average accessibility of their website and GAME of 95 %. This does not include times of server inaccessibility due to circumstances beyond COREGROUNDS’ control. Times of periodical maintenance work are also excluded.
In the event of a default of COREGROUNDS’ or their employees’ responsibility, COREGROUNDS is liable under the statutory law. Damages caused by delay will only be met if based on COREGROUNDS’ or their employees’ malice or gross negligence and if the user has fulfilled their own duties to cooperate with COREGROUNDS.
COREGROUNDS will not review user-generated content on the website and/or in the GAME. COREGROUNDS’ liability for any content created by users is excluded. However, COREGROUNDS will attempt to immediately ban and/or delete any content upon the notification of a violation of rights.
§ 8
COREGROUNDS provides the opportunity to the user to create content in the GAME. The user grants COREGROUNDS a non-exclusive, transferable, spatially unlimited and unlimited in time, right to use any content created in the GAME.
The user must refrain from creating content in the GAME that violates third party rights and/or provisions of the law, especially copyrights, trademark rights and other industrial property rights. The user must ensure to neither use the website and/or the GAME in a racist, race-baiting, violence-glorifying, offensive, sexist or pornographic manner nor create any such content.
§ 9
COREGROUNDS is the holder of the copyrights and intellectual property rights of their website and the GAME and of their components insofar as these rights arise. These rights are protected in accordance with the German statutory law and the corresponding International provisions of the law.
COREGROUNDS grants to the user a non-exclusive, non-transferable, spatially unlimited, but limited to the contract term, right to use the website and the GAME. The user shall not copy, distribute, or modify the website and/or the GAME and/or their components unless it is necessary for their proper use. However, the user is entitled to publicly display the GAME and to embed hyperlinks of COREGROUNDS’ website, videos and/or screenshots of the GAME and/or their profile in third party websites (such as Twitch, Facebook, Twitter, etc.) for non-commercial purposes only. In such case additional third party terms and conditions may apply.
§ 10
COREGROUNDS provides the opportunity within the GAME to gather CORDIUM, CREDITS and BOOSTS as In-Game-Currencies. CREDITS is the standard In-Game-Currency and can be used to unlock further functional elements of the GAME (such as Units, Abilities, Mods). CREDITS can be earned by playing matches (single mode or versus other users) and through GAME achievements. The quantity of CREDITS to earn varies from the user’s ranking and their BOOSTS credit (see sec. 2).
The user may earn more CREDITS per action by the use of BOOSTS. The user can buy BOOSTS with CORDIUM, which is the Premium In-Game-Currency and can be purchased through STEAM or the App Stores (See sec. 3 below).
Depending on the device (PC, mobile) the user is guided through the GAME’s interface to an In-GAME-store. To enter the store he can either click on the CORDIUM icon or on the “SUPPORTER PACK” button. He can choose between a selection of CORDIUM packages. All of these can be selected by clicking on the displayed price button. The user is directly guided through to the STEAM or the App Store payment process and will have to follow it. The user can end the purchase process at any step before checkout without concluding a contract. By clicking on the button to checkout through the payment service (the user likes to choose) the user will be redirected to the payment service partner website. Upon the user’s confirmation of the purchase the In-Game-Currency will be credited to the user’s account.
COREGROUNDS provides purchase options for the Premium In-Game-Currency CORDIUM through STEAM and through the App Stores, all of them offer various payment methods. Please refer to the STEAM website or the App Stores for further information. Additional terms of STEAM and the App Stores may apply.
§ 11 Data Protection
COREGROUNDS hereby indicates according to the German Data Protection Law (BDSG) and the German Telemedia Law (TMG) that the user’s personal data is collected, processed and exploited in order to fulfil their contractual obligations. This data can be transmitted to mandated and selected partners according to § 11 BDSG.
The text of the contract won’t be stored by COREGROUNDS, however, these terms of use are always available and accessible through the COREGROUNDS website and within the GAME on mobile devices, the user may also check all data stored in his account when logged in. Registered users may review their previous purchases when logged in to their account.
By signing up for the COREGROUNDS newsletter the user name and email address will be exploited by COREGROUNDS upon the user’s approval until the user unsubscribes from the newsletter.
All data is only exploited to the aforementioned extent and will not be transmitted to unauthorized third parties.
Data Protection Notice in accordance to § 13 sec. 1 TMG
In order to create access statistics the following data will be collected when visiting this website:
IP-address
URL of the site
Referer (the website you’ve been referred by to our website)
Date und time of the visit
Duration of the visit
The data will only be collected for the aforementioned internal purposes and won’t be transferred to any third party.
Cookies
On this website we use cookies (session-cookies und permanent-cookies). Cookies are text files created by a server. The files collect data about the visitor and will be stored on the visitor’s device.
Session-cookies are only stored for the period of the visit, permanent-cookies are stored permanently on the visitor’s device. In the event of revisiting the website the stored information may be analyzed and the visitor may be identified through the permanent-cookies by the server. The data collected by cookies may be combined with user profile data.
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. In case IP-anonymisation is activated on this website, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transfered to a Google server in the USA and truncated there. The IP-anonymisation is active on this website. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage. The IP-address, that your Browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Addon for your current web browser: http://tools.google.com/dlpage/gaoptout?hl=en
Objection, Revocation, Disclosure, Correction, Blockage, Deletion
The user of COREGROUNDS’s website is entitled to revoke the approval to exploit their data according to § 15 sec. 2 No. 4 TMG and lay claim to disclosure of the collected data at any time. The user is also entitled to claim rectification, blocking or deletion of the data within the framework of the law. To make use of these rights or to send COREGROUNDS a notice of revocation to create a user profile the user may send an email to info@COREGROUNDS.com and indicate, if necessary, their IP-address and the time of their visit. COREGROUNDS will disclose the requested information and will initiate the rectification, blocking or deletion of the data as far as possible. The disclosure of the information will be made electronically upon request.
§ 12 Final Provisions
In the event that any provision in this agreement is or becomes invalid or unenforceable or is incomplete the validity of the remainder of this agreement shall not be affected.
This agreement shall be under the exclusive jurisdiction of the law of the Federal Republic of Germany. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
The place of performance for services and payments to the extent permitted by law shall be in Berlin. Any disputes arising out of or relating to the contract to the extent permitted by law shall be under the jurisdiction of the courts of Berlin. In relation to the user, the place of performance and the place of jurisdiction shall be the residence of the user. In the event that the user has no place of residence within the European Union the place of jurisdiction shall be Berlin. In relation to users within the European Union the law of the place of residence of the user is applicable to the extent forcing user rights are affected.
April 2018