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AREA OF APPLICATION
These terms of use (hereinafter the "Terms of Use") apply to all of the games provided by a company of Deca. Deca means the Deca Live Operations GmbH, Unter den Linden 21, 10117 Berlin, Germany and its subsidiaries. DECA GAMES EOOD, 15 Tsanko Tserkovski Str., Veliko Tarnovo 5000, Bulgaria is a subsidiary of Deca.
The user’s contractual partner is the company, (i) which provides the game that the user makes use of, (ii) which is mentioned at the moment the contract is concluded and (iii) which is also mentioned in the legal notice of the website for the game in question (the respective company providing the respective Game hereinafter referred to as "Deca", "we", "us" and "our"). In these Terms of Use, the user of these Games is referred to as "User / Users” or “you”.
“Games” or “Game”, for the purpose of these Terms of Use, are all of the online games, browser games, mobile games and any other digital offers of games for any end devices (e.g. PCs, smartphones, tablets, connected devices such as streaming or set-top boxes and smart TVs) and/or online platforms offered by Deca.
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.
Additional game rules, rules for use, participation requirements and communication rules (in these Terms of Use jointly referred to as “Game Rules") of the respective Games are published on its websites or in the Games. By your participation, you accept bindingly these Game Rules. If these Terms of Use and the Game Rules are contradictory, these Terms of Use supersede the Game Rules, unless the Game Rules provide specifically for a priority ranking toward the Terms of Use.
Deca can utilize the services of independent third parties for the games (in these Terms of Use referred to as "Third Party Service") such as app stores. No Third Party Services are provided by third parties upon the instruction of Deca. Third Party Services are not provided by Deca. Deca or the third party will identify these services in a suitable manner. Any issues in connection with Third Party Services are not affected by these Terms of Use. Deca shall not be responsible for Third Party Services. Third Party Services are potentially subject to their providers' general terms and conditions. The user’s contractual partner for Third Party Services is the third-party provider in question.
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.
By clicking the "Accept" button when you register for an Account to use any of our Games, and/or clicking the "Accept" button when prompted when you first log in to indicating your acceptance when they are presented to you, you agree that these Terms of Use shall bind you legally. If you do not agree to these Terms of Use, you must not use the respective Game.
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.
We recommend that you keep a copy of these Terms of Use for your future reference.
CHANGES TO THESE TERMS
We reserve the right to change or expand these Terms of Use at any time effective in the future, provided it seems necessary and it does not affect you and/or your rights adversely under the principle of equity and good faith. In particular, any changes in the legal environment may require a change of these Terms of Use. Moreover, any new court decisions constitute a change in the legal situation. Any changes and advancements of our Games may necessitate a change or an amendment to these Terms of Use.
Any change or amendment will be announced in a suitable manner prior to its effective date. In general, the information about the modification of the Terms of Use is announced by e-mail or on the websites of our Games or in our Games but in any case, the next time you log into your account.
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.
We will inform you specifically of the changes in the Terms of Use and the possibility to object and cancel, of the deadline and the legal consequences, particularly the consequences of non-objection.
USERS ELIGIBLE TO PARTICIPATE AND MINIMUM AGE REQUIREMENTS
You confirm that you are of legal age to form a binding contract and hereby agree to be bound by these Terms of Use, or, if you are not, you confirm that you have obtained parental or guardian consent to enter into these Terms of Use. You must be at least 16 years of age to use our Games, including to submit any personal data to us through or in connection with your use of our Games. If you are a parent or guardian and you provide your consent to your child's use of or access to our Games, you agree to be bound by these Terms of Use in respect of your child's use of the respective Game and agree that any payments authorized by your child will be your sole responsibility.
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.
By sending your registration, you send an offer to conclude a user agreement with us (in these Terms of Use referred to as "User Application”). However, this does not conclude an agreement. The Agreement is only concluded upon our acceptance of the User Application. Deca confirms access to the User Application by sending an electronic mail to the e-mail address specified by the User. The confirmation of receipt is not an acceptance of the User Application. The acceptance of the User Application can be made in connection with the confirmation of access if expressly carried out that way. In addition, the acceptance can be expressly confirmed outside the confirmation of receipt or by the first deed of performance by us. There is no entitlement to the conclusion of an agreement to establish an Account, to the participation in Games or to the use of Virtual Currency or Premium Features.
You can delete your Account at any time, for any reason, by emailing us at 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 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.
If you violated culpably your contractual duties of these Terms of Use, then Deca is entitled to block the access to your Account temporarily after prior warning letter (at least via e-mail or game chat) and the threat of blocking the Account. By blocking the Account, you lose access to your Account. Any warning threatening to block the Account can be foregone, if there are special circumstances that justify the immediate block of the access in consideration of mutual interests. The provisions of this Section 4.11 do not limit the termination right of Deca – particularly the right to terminate effective immediately – in accordance with Section 16. In addition, they do not limit the right of Deca to exercise the virtual domiciliary right.
GRANT OF LICENSE
Deca grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited, revocable license to use or Games for your own non-commercial entertainment purposes, subject to these Terms of Use.
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
Your right to use our Games is subject to the restrictions listed below. Except as expressly set out in these Terms of Use or as permitted by any local law, you undertake:
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 the Games and the Intellectual Property Rights embodied in or relating to it anywhere in the world are and shall remain the property of Deca and/or its licensors, that rights in the Games are licensed (not sold) to you, and that you have no rights in, or to, the Games other than the right to use the Games in accordance with these Terms of Use.
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.
We reserve the right to investigate and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms of Use or otherwise create liability for us or any other person. The action we take will be determined by us acting in our sole discretion. Examples of action that we might take could include, terminating these Terms of Use and your right to use our Games, and/or reporting you to law enforcement authorities or relevant rights holder.
FEEDBACK
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.
Where our Games contain links to Third Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. We do not review, approve, endorse, control or make any promises with respect to Third Party Links & Ads, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Links & Ads, or any intellectual property rights therein. Certain Third Party Links & Ads may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms of Use shall be deemed to be a representation or warranty by Deca with respect to any Third Party Links & Ads. We have no obligation to monitor Third Party Links & Ads, and we may block or disable access to any Third Party Links & Ads (in whole or part) through our Games at any time. In addition, the availability of any Third Party Links & Ads through our Games does not imply our endorsement of, or our affiliation with, any provider of such Third Party Links & Ads.
You use all Third Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third Party Links & Ads, the applicable third party's terms and policies (including terms of use and privacy policies) apply, no these Terms of Use.
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.
License to use Virtual Currency: Deca grants to you a license to use Virtual Currency as part of our Games in accordance with Section 5 of these Terms of Use. You agree that you have no other right, title or ownership in or to any Virtual Currency.
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.
By initiating a transaction, you confirm that you have the legal right to use the payment means selected by you. By submitting such information, you grant us the right to use such information in accordance with our Privacy Policy, including, without limitation, by providing such information to third parties (including, without limitation, to Suraway Ltd.) for the purpose of facilitating the completion of transactions initiated by you or on your behalf. Our receipt of verification of information from them or their designee(s) is required prior to the acknowledgment or completion of any transaction.
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
You agree to compensate us for any claims, losses, liabilities, damages, costs and expenses (including legal costs and expenses) reasonably incurred by us that arise out of your use of our Games in breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of a Game and you agree to assist and cooperate with us in relation to any such claim.
AVAILABILITY
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.
TERMINATING THESE TERMS OF USE
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 violate culpably the laws and/or these Terms of Use and you continue to act in the same or similar manner despite warning letter (ate least via e-mail or game chat); and/or
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 .
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
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, Unter den Linden 21, 10117 Berlin, Germany
Mail:
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)
Date______
(*) Delete as applicable
FINAL PROVISIONS
If one Party delays, waives or fails to enforce its rights within the framework of these Terms of Use or the Party grants deadlines to the other Party, then the Party does not hinder the applicability of the respective right.
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.
If individual provisions of these Terms of Use are or become ineffective, it does not affect the effectiveness of the remaining provisions.
Any changes or amendments to the use agreement and any side-agreements must be specified in writing. The same shall apply to the change of the written form requirement. The written form requirements do not apply to any changes to these Terms of Use.
These terms of use (hereinafter the "Terms of Use") apply to all of the games provided by a company of Deca. Deca means the Deca Live Operations GmbH, Unter den Linden 21, 10117 Berlin, Germany and its subsidiaries. DECA GAMES EOOD, 15 Tsanko Tserkovski Str., Veliko Tarnovo 5000, Bulgaria is a subsidiary of Deca.
The user’s contractual partner is the company, (i) which provides the game that the user makes use of, (ii) which is mentioned at the moment the contract is concluded and (iii) which is also mentioned in the legal notice of the website for the game in question (the respective company providing the respective Game hereinafter referred to as "Deca", "we", "us" and "our"). In these Terms of Use, the user of these Games is referred to as "User / Users” or “you”.
“Games” or “Game”, for the purpose of these Terms of Use, are all of the online games, browser games, mobile games and any other digital offers of games for any end devices (e.g. PCs, smartphones, tablets, connected devices such as streaming or set-top boxes and smart TVs) and/or online platforms offered by Deca.
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.
Additional game rules, rules for use, participation requirements and communication rules (in these Terms of Use jointly referred to as “Game Rules") of the respective Games are published on its websites or in the Games. By your participation, you accept bindingly these Game Rules. If these Terms of Use and the Game Rules are contradictory, these Terms of Use supersede the Game Rules, unless the Game Rules provide specifically for a priority ranking toward the Terms of Use.
Deca can utilize the services of independent third parties for the games (in these Terms of Use referred to as "Third Party Service") such as app stores. No Third Party Services are provided by third parties upon the instruction of Deca. Third Party Services are not provided by Deca. Deca or the third party will identify these services in a suitable manner. Any issues in connection with Third Party Services are not affected by these Terms of Use. Deca shall not be responsible for Third Party Services. Third Party Services are potentially subject to their providers' general terms and conditions. The user’s contractual partner for Third Party Services is the third-party provider in question.
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.
By clicking the "Accept" button when you register for an Account to use any of our Games, and/or clicking the "Accept" button when prompted when you first log in to indicating your acceptance when they are presented to you, you agree that these Terms of Use shall bind you legally. If you do not agree to these Terms of Use, you must not use the respective Game.
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.
We recommend that you keep a copy of these Terms of Use for your future reference.
CHANGES TO THESE TERMS
We reserve the right to change or expand these Terms of Use at any time effective in the future, provided it seems necessary and it does not affect you and/or your rights adversely under the principle of equity and good faith. In particular, any changes in the legal environment may require a change of these Terms of Use. Moreover, any new court decisions constitute a change in the legal situation. Any changes and advancements of our Games may necessitate a change or an amendment to these Terms of Use.
Any change or amendment will be announced in a suitable manner prior to its effective date. In general, the information about the modification of the Terms of Use is announced by e-mail or on the websites of our Games or in our Games but in any case, the next time you log into your account.
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.
We will inform you specifically of the changes in the Terms of Use and the possibility to object and cancel, of the deadline and the legal consequences, particularly the consequences of non-objection.
USERS ELIGIBLE TO PARTICIPATE AND MINIMUM AGE REQUIREMENTS
You confirm that you are of legal age to form a binding contract and hereby agree to be bound by these Terms of Use, or, if you are not, you confirm that you have obtained parental or guardian consent to enter into these Terms of Use. You must be at least 16 years of age to use our Games, including to submit any personal data to us through or in connection with your use of our Games. If you are a parent or guardian and you provide your consent to your child's use of or access to our Games, you agree to be bound by these Terms of Use in respect of your child's use of the respective Game and agree that any payments authorized by your child will be your sole responsibility.
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.
By sending your registration, you send an offer to conclude a user agreement with us (in these Terms of Use referred to as "User Application”). However, this does not conclude an agreement. The Agreement is only concluded upon our acceptance of the User Application. Deca confirms access to the User Application by sending an electronic mail to the e-mail address specified by the User. The confirmation of receipt is not an acceptance of the User Application. The acceptance of the User Application can be made in connection with the confirmation of access if expressly carried out that way. In addition, the acceptance can be expressly confirmed outside the confirmation of receipt or by the first deed of performance by us. There is no entitlement to the conclusion of an agreement to establish an Account, to the participation in Games or to the use of Virtual Currency or Premium Features.
You can delete your Account at any time, for any reason, by emailing us at 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 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.
If you violated culpably your contractual duties of these Terms of Use, then Deca is entitled to block the access to your Account temporarily after prior warning letter (at least via e-mail or game chat) and the threat of blocking the Account. By blocking the Account, you lose access to your Account. Any warning threatening to block the Account can be foregone, if there are special circumstances that justify the immediate block of the access in consideration of mutual interests. The provisions of this Section 4.11 do not limit the termination right of Deca – particularly the right to terminate effective immediately – in accordance with Section 16. In addition, they do not limit the right of Deca to exercise the virtual domiciliary right.
GRANT OF LICENSE
Deca grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited, revocable license to use or Games for your own non-commercial entertainment purposes, subject to these Terms of Use.
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
Your right to use our Games is subject to the restrictions listed below. Except as expressly set out in these Terms of Use or as permitted by any local law, you undertake:
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 the Games and the Intellectual Property Rights embodied in or relating to it anywhere in the world are and shall remain the property of Deca and/or its licensors, that rights in the Games are licensed (not sold) to you, and that you have no rights in, or to, the Games other than the right to use the Games in accordance with these Terms of Use.
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.
We reserve the right to investigate and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms of Use or otherwise create liability for us or any other person. The action we take will be determined by us acting in our sole discretion. Examples of action that we might take could include, terminating these Terms of Use and your right to use our Games, and/or reporting you to law enforcement authorities or relevant rights holder.
FEEDBACK
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.
Where our Games contain links to Third Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. We do not review, approve, endorse, control or make any promises with respect to Third Party Links & Ads, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Links & Ads, or any intellectual property rights therein. Certain Third Party Links & Ads may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms of Use shall be deemed to be a representation or warranty by Deca with respect to any Third Party Links & Ads. We have no obligation to monitor Third Party Links & Ads, and we may block or disable access to any Third Party Links & Ads (in whole or part) through our Games at any time. In addition, the availability of any Third Party Links & Ads through our Games does not imply our endorsement of, or our affiliation with, any provider of such Third Party Links & Ads.
You use all Third Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third Party Links & Ads, the applicable third party's terms and policies (including terms of use and privacy policies) apply, no these Terms of Use.
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.
License to use Virtual Currency: Deca grants to you a license to use Virtual Currency as part of our Games in accordance with Section 5 of these Terms of Use. You agree that you have no other right, title or ownership in or to any Virtual Currency.
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.
By initiating a transaction, you confirm that you have the legal right to use the payment means selected by you. By submitting such information, you grant us the right to use such information in accordance with our Privacy Policy, including, without limitation, by providing such information to third parties (including, without limitation, to Suraway Ltd.) for the purpose of facilitating the completion of transactions initiated by you or on your behalf. Our receipt of verification of information from them or their designee(s) is required prior to the acknowledgment or completion of any transaction.
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
You agree to compensate us for any claims, losses, liabilities, damages, costs and expenses (including legal costs and expenses) reasonably incurred by us that arise out of your use of our Games in breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of a Game and you agree to assist and cooperate with us in relation to any such claim.
AVAILABILITY
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.
TERMINATING THESE TERMS OF USE
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 violate culpably the laws and/or these Terms of Use and you continue to act in the same or similar manner despite warning letter (ate least via e-mail or game chat); and/or
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 .
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
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, Unter den Linden 21, 10117 Berlin, Germany
Mail:
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)
Date______
(*) Delete as applicable
FINAL PROVISIONS
If one Party delays, waives or fails to enforce its rights within the framework of these Terms of Use or the Party grants deadlines to the other Party, then the Party does not hinder the applicability of the respective right.
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.
If individual provisions of these Terms of Use are or become ineffective, it does not affect the effectiveness of the remaining provisions.
Any changes or amendments to the use agreement and any side-agreements must be specified in writing. The same shall apply to the change of the written form requirement. The written form requirements do not apply to any changes to these Terms of Use.