1.1. Megagon Industries GmbH is a company registered under the register number HRB 191068 at the court of Berlin-Charlottenburg ("Megagon") and is located c/o Saftladen, Normannenstr. 1-2, 10367 Berlin, Germany. Megagon can be contacted via email at support@megagonindustries.com. Megagon is the sole legal owner and operator of "Lonely Mountains: Snow Riders" (hereinafter: "Game").

1.2. The use of the Game on any platform or channel is exclusively subject to the following general terms and conditions unless the terms and conditions of the respective platform or channel contain deviating regulations. Any user's general terms and conditions will not form part of this contract.

1.3. These Terms of Service may be accessed, downloaded, stored and printed at any time by visiting the official website under https://megagonindustries.com/terms-of-service-lmsr.

1.4. All copyrights, rights of use and other intellectual property rights relating to the Game, the software (launcher and Game software) and the service rest with Megagon or are protected in favor of third parties.

2.1. Megagon offers to consumers who accept these general terms and conditions the opportunity to access and use the online features of the Game by using the official client software or any authorized cloud gaming service. The Game can be played without such online features as a single player game.

2.2. In order to play the Game the user needs to connect to the game service ("Game Service") operated on Megagon's servers. Using the online features as part of the Game Service the Game therefore requires an ongoing internet connection which may cause additional separate costs from the costs for playing the Game. The Game Service includes a matchmaking service for Online Multiplayer sessions, including public and private lobbies, the possibility to communicate with other players using emotes designed by Megagon, an achievement system granting free virtual currencies for solo and multiplayer achievements, an ingame shop offering cosmetic items for virtual currencies, leaderboards.

2.3. The use of the Game Service requires a registration for different services and acceptance of the respective terms and conditions for such services, which may or may not require the payment of a fee depending on the respective platform:

• a) Using the Game Service on PC requires an account with Valve's platform Steam or Microsoft's App Store.
  
• b) Using the Game Service from a console requires an account with the respective console owner (Sony, Nintendo, Microsoft) and may require the payment of a fee for playing online.

2.4. The Game Service is only available to individual consumers who are 18 years old or older. Companies, legal entities, entrepreneurs or other non-individuals are excluded from the Game and all other services provided by Megagon. Using the Game for commercial purposes is prohibited with the exception of journalistic reviews, let's play or gaming influencer videos or unless otherwise agreed in writing between the parties.

2.5. When using the Game Service the services detailed in Section 2.3 will provide us with the players internal user-ID which is used to identify the user by the Game Service. These terms are accepted and the contract is concluded when you click the Button "Accept Game Service Terms & Conditions".

2.6. The user's name on the platform used to access the Game Service will be visible for all other users when playing the Game or using the Game Service. Such name may not be identical or similar to any living or dead person and may not be sexual, sexist, xenophobic, hateful or in Megagon's reasonable discretion inappropriate. Megagon may change any inappropriate name in its own discretion. In case of a repeated breach of the naming restrictions, Megagon may temporarily or permanently refuse the player access to the Game Service, in its reasonable discretion. Such display names will also be used in any public leaderboard provided by Megagon.

2.7. All users are solely responsible to acquire, install and operate any software required for using the Game aside from the Game's client software (e.g. Microsoft DirectX, OpenGL, graphics or audio drivers). Megagon does not provide technical support for any such installations. All additionally required software is listed on the Game website.

2.8. The Game requires a certain minimum hardware as well as certain driver and operation system versions, which are published on the sites where the Game can be purchased from, from time to time.

2.9. The user is entitled to remove all his information stored in regard of the Game Service at any time in his/her sole discretion. Provided that the storage of data is not required by law, any data stored about the user is deleted within 30 days after termination and cannot be restored. If the storage of data is required by law, the data will be blocked and deleted upon end of the legal storage period.

2.10. Megagon endeavours to keep the Game Service as constantly available as possible, however Megagon does not warrant any specific availability for the Game Service as availability is subject to many factors outside of Megagon control. Unannounced maintenance may be necessary, e.g. due to hacking attempts, viruses, critical errors in the software etc., so that Megagon can not warrant availability at certain times. Megagon will use best efforts to announce any unavailability of the service in advance and may announce certain regular maintenance windows during which the Game Service will be unavailable.

2.11. Megagon is entitled but not obligated to make changes to the Game Service that go beyond what is necessary to maintain conformity with the contract pursuant to Section 327e (2) and (3) German Civil Code (BGB) and Section 327f German Civil Code (BGB). Reasons for modifying the Games are adaptation of the Games to new technical environments, increased user numbers or changes required for other important operational reasons, as well as improvement of the user experience, in particular by adding new content. Megagon will only limit the features of the Game Service if certain external functions from platforms (e.g. required for cross-platform games) are no longer available or their terms of use change significantly or if certain features no longer comply with applicable laws or regulations.

3.1. Megagon may publish rules of conduct from time to time which reflect the standards of behavior for users playing the Game. The rules of play/conduct are updated periodically and the user will be notified of changes upon start of the Game Service or when installing an update with reasonable advance notice, unless the provisions concerning changes to the Terms of Service specified below apply.

3.2. The user is not permitted to use any software directly or indirectly affecting the Game, its operation (e.g. so called "Bots") or the data transfer between the user or Megagon or to use mechanisms (physical or digital), software, scripts or other similar means which will gain advantage over other users not using such additional mechanisms. The use of equipment, software, scripts and any other mechanisms which allow automated game play and/or game control, database queries or any other manipulation of its game servers and databases is strictly prohibited. The user also agrees not to exploit programming errors for personal gain where identifiable as such.

3.3. The use of the Game Service for or in connection with commercial purposes (e.g. dissemination of advertising for third party games, sale of virtual goods) is prohibited unless such use has been expressly permitted in writing by the Provider in advance. For the avoidance of doubt, this does not include video influencers using the Game Service for the production of content, which is not prohibited but may be subject to separate conditions by Megagon.

3.4. Also prohibited are any activities in connection with the Game Service, including any chats not operated by Megagon but used by players to communicate during the use of the Game Service, that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, the following actions are prohibited:
3.4.1. the posting, distribution, offering and advertising of pornographic content, games, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent;
3.4.2. the use of content that insults or defames other users or third parties;
3.4.3. the use, provision and distribution of content, games, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so.

3.5. Furthermore, the following activities are also prohibited, irrespective of any possible violation of the law, when using the offers as well as when communicating with other users (e.g. by sending personal messages):
3.5.1. the distribution of viruses, Trojans and other harmful files;
3.5.2. the sending of junk or spam mails as well as chain letters;
3.5.3. disseminating lewd, offensive, sexually explicit, obscene, discriminating or defamatory content or communications, or content or communications that promote or encourage racism, bigotry, hatred, physical violence or unlawful activities (whether explicitly or implicitly);
3.5.4. harassing other participants, e.g. by making multiple personal contacts without or contrary to the reaction of the other participant, and encouraging or supporting such harassment;
3.5.5. soliciting other participants to disclose passwords;
3.5.6. soliciting other participants to disclose personal data for commercial or unlawful purposes;
3.5.7. posing as a representative of Megagon or its partners;
3.5.8. distributing and/or publicly reproducing content available in the Games, unless this is expressly permitted by the respective author or expressly made available as a feature of the respective Game.

3.6. Players can report any behavior as well as any levels they believe inappropriate or in breach of these terms and conditions by using the in-game reporting option or sending an e-mail to report@lonelymountains.com.

4.1. Megagon offers you the opportunity to design your own levels using the ingame level editor. Such levels can be used locally and can also be uploaded to Megagon's server in order to make them available to other players. The use of the Level Editor and the distribution of such levels is subject to the following terms

4.2. We provide certain content, including but not limited to character and object models, animations or audio assets, ("Company Content") for the use in the Level Editor. Company Content is provided non-exclusively and solely for the use as described herein.

4.3. The Game, the Level Editor and the Company Content remain Megagon's exclusive property and all rights, including but not limited to any parts thereof, are exclusively owned by Megagon, with the exception of any third party property, e.g. middleware or engines integrated into the Game and the Level Editor which is the property of its respective owner.

4.4. The player generated levels can be uploaded to Megagon's servers and are thereby made available to all other users for download. The Players can choose a title and a description for the levels. The Player's name is displayed as author of the level.

4.5. By uploading a level to Megagon's servers the Player assigns all perpetual, non-exclusive, transferable and sublicensable worldwide rights in and to the Levels, if any at all, including but not limited to the right to make such levels available to the public, to modify such levels, to distribute and duplicate such levels on physical data carriers or via the internet, to publicly display such levels, including but not limited to at trade fairs and esports events and for advertising purposes, to record the levels or allow third parties to record gameplay using the level and make such recordings available to the public and to publicly display such recordings.

4.6. The Players may not upload any level or make publicly available any recordings of any level or use any name or description for a level that:

• depicts any political, sexual, racist, sexist, anti-Semitic, pornographic or other discriminatory content or implies such content,
  
• infringes any third-party intellectual property, including but not limited to copyrighted material, trademarks or designs without permission.
  
• contains the likeness, voice or other elements protected under moral / personality rights of any existing person, without their prior approval,
  
• violates any applicable law, regulation, or community standard in any jurisdiction applicable.

4.7. Megagon reserves the right to delete any level uploaded to Megagon's servers that Megagon reasonably believes not to be in compliance with these Terms of Service. Furthermore, Megagon reserves the right to file copyright claims against any recordings of any level not in compliance with these Terms of Service.

4.8. Megagon reserves all rights into the assets provided as part of the level editor for the creation of new levels. Megagon does not grant any rights in and to any asset to any Player by providing the level editor. Megagon tolerates the use of the assets within the scope of this Terms of Use in its sole discretion.

5.1. Megagon shall only be fully liable for damages resulting from injury to life, limb or health or for intentional or grossly negligent conduct and fraud.

5.2. In cases of slight negligence, Megagon will only be liable if an obligation has been breached, the fulfilment of which facilitates the proper performance of the contract in the first place, the violation of which compromises the achievement of the contract's purpose, and the compliance with which the customer frequently relies on. In this instance, claims for compensation will be limited to the usual, foreseeable damages.

5.3. This limitation of liability shall also apply for Megagon's directors, officers and employees whether directly employed or as contractors.

6.1. Contracts between Megagon and the user are entered into for an indefinite period of time unless otherwise expressly stipulated at the time of conclusion.

6.2. Megagon may terminate the contract and/or discontinue access to existing Game Services at any time with a four-week notice period.

6.3. The user may terminate the contract at any time without any notice period by sending an e-mail to support@lonelymountains.com including details of his/her username and platform account-ID.

6.4. The right of both parties to terminate without notice period for cause ("Kündigung aus wichtigem Grund") remains unaffected.

6.5. In particular, Megagon has the right to terminate for cause in the following cases:
6.5.1. If, despite having received prior warning, the user knowingly violates any rules of conduct within these Terms of Service or the rules of play/conduct;
6.5.2. If, without any warning in a case that is so severe, that it would be unreasonable for Megagon to remain bound to this Agreement. This shall always be the case for the commercial use of the game or for violations of criminal law.

6.6. Instead of a termination, Megagon reserves the right to temporarily disable a user's account and access to the Game Service up to one month.

6.7. In the event of termination due to breach, Megagon may store platform-id of the player in order to prevent him from accessing the Game Service.

7.1. To provide users with the full functionality of the Game Service, Megagon collects, processes, and stores information about its users and other visitors of the Game Service in accordance with this data protection provisions and applicable European law (GDPR).

7.2. Megagon describes in more detail what personal information Megagon may collect from its users and what Megagon will do with that information as well as informs users on their rights with respect to their personal data in the Privacy Policy available at https://megagonindustries.com/privacypolicy as updated from time to time.

8.1. Megagon reserves the right to change these general terms and conditions without justification, provided such changes are required for legal reasons, a changed scope of the provided services, new requirements e.g. by operation system providers or technical reasons such as new requirements from platform owners or operating systems. Changes will be published on Megagon's website and will be presented to users when logging into the Game Service. If the user does not object to such changes within two weeks following their publication and receipt and continues to use the Game after this period, the new general terms and conditions will be deemed accepted.

8.2. These terms of use are exclusively subject to German law, CISG shall be excluded.

8.3. If a provision contained in these general terms and conditions is or becomes ineffective, this will not affect the validity of the remaining provisions.