Devology

1. About these terms and conditions

1.1 These terms and conditions apply to the download, access and use of Devology games on a computer, mobile devices, on our website www.Devology.de or on other websites, devices or platforms. These terms and conditions also apply to all other services that we offer in connection with the games or the website, e.g. B. Customer support, social media, community channels that we use from time to time (in this agreement, our games and other services are collectively referred to as „Services“). These terms and conditions are a legal agreement and contain important information about your rights and obligations in relation to our services.

 

1.2 If you do not agree to these terms and conditions or any of the future updates, you may not access and / or use any of our services and must stop accessing and / or using them. Should we require a future change to these terms and conditions to require you to take action to accept the updated terms, then you are prohibited from continuing to use our services until you have done so.

 

1.3 You are entering into a legal agreement with Max Neumann and Jaroslav Kreps, individual entrepreneurs based in Germany (VAT number DE313256051). The parties intend that the terms of this agreement apply in favor of Max Neumann and Jaroslav Kreps.

 

1.4 FOR RESIDENTS IN THE USA: IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO ARBITRATION, AND A DISCLAIMER OF CLASS ACTION RIGHTS, AS LISTED IN PARAGRAPH 21, BELOW.

 

1.5 If these terms and conditions refer to „Devology.de“, „we“, „us“, „Max Neumann“, „Jaroslav Kreps“, this refers to Devology.de sole trader.

 

1.6 These terms and conditions are available on the Google Playstore or on the platform from which you downloaded our games (such as the Apple App Store, Google Play Store, Amazon App Store or the Windows Phone Store) and on any website or platform on which you can play our games, such as www.facebook.com and on our website www.Devology.de. (the website“). You also accept that you agree to these terms and conditions and our privacy policy when you access and / or use our services (see section 13 below).

 

1.7 For the use of our services you agree that you are at least 13 years old and that if you are between 13 and 18 years old, your legal guardian has checked and accepted these conditions and agrees that you can access our services and uses it.

 

1.8 You can view the latest version of these terms and conditions at any time at https://devology.de/agb/. We may make changes to these Terms and Conditions at any time in accordance with Section 17 below, except for changes to Section 21 (waivers of binding arbitration and class actions); If you continue to use the services after an update of the terms and conditions, this will be interpreted as your consent to the updated conditions.

 

2. About access to and use of our services

2.1 The specific game rules, scoring rules, controls and guidelines for each game can be found in the game itself. These rules, scoring rules, controls and guidelines are part of these terms and conditions and you agree to them in relation to each individual game you access and / or whichever you play.

 

2.2 You are responsible for the internet connection and / or mobile fees incurred when accessing and / or using our services. If you are unsure of how much these fees are, check with your wireless service provider before accessing and / or using our services.

 

2.3 It may happen that our services or parts of them are not available at certain times for technical or maintenance reasons – planned or unplanned.

 

3. Accounts

3.1 If you use our services, you can choose – or you may be asked to – create an account with us. If you do so, you agree to take all necessary measures to protect and keep your login details confidential.

 

3.2 You agree not to disclose your login details to third parties and not to allow third parties to use your login details or your account.

 

3.3 In the context of these terms and conditions, the terms „login data“ and „account“ also refer to your login data and your accounts on social networks or platforms whose interaction with our services you allow.

 

3.4 We assume that everyone who logs into your account with your login data is either yourself or someone authorized by you. If you do not keep your login details secret or if you share your login details or your account with third parties (whether intentionally or unintentionally), you take full responsibility for the consequences (including unauthorized purchases) and fully agree to us for any damage or loss to compensate.

 

3.5 We are not responsible for any loss you incur as a result of an unauthorized person accessing your account and / or using our services, and we are not responsible for any loss or damage caused by unauthorized use (fraudulent or otherwise) arise.

 

3.6 We reserve the right to delete your account if you do not perform any activity related to the account for 180 days or more. In this case, you may no longer be able to access and / or use the virtual money and / or virtual goods (as defined below) associated with this account and you will not receive a refund.

 

3.7 You are aware that if you delete your account or if we delete your account in accordance with these terms and conditions, you may lose access to all data previously associated with your account (including but not limited to yours) Progress in the game and / or the level or score you have achieved in our games as well as all virtual funds and goods associated with your account).

 

3.8 YOU ARE CONSCIOUS AND UNDERSTANDING THAT YOU WILL NOT GET ANY OWNERSHIP RIGHTS ON ACCOUNTS THAT YOU CREATE USING OUR SERVICES. SUCH ACCOUNTS CAN BE BLOCKED, CLOSED, MODIFIED OR DELETED AT ANY TIME FOR ANY REASON OR WITHOUT SPECIFIC REASONS, IF NECESSARY. WITHOUT NOTIFYING YOU.

 

3.9 Your account is personal. It is prohibited to pass it on to other people.

 

4. Virtual goods and virtual money

4.1 Our games may include virtual currencies such as GoldCoins and Jewels („Virtual Money“), items or services for use in our Games („Virtual Goods“) or paid subscriptions for Virtual Money and / or virtual goods („Subscriptions“). You agree that once acquired virtual money, virtual goods and / or subscriptions have no monetary value and can never be exchanged for real money, real goods or real services from us or others. You agree that virtual money, virtual goods and / or subscriptions are not transferable to others, you will not transfer any virtual money, virtual goods and / or subscriptions to others and will not attempt to do so.

 

4.2 You acquire a limited personal, revocable license for the use of virtual goods, virtual money and / or subscriptions – a credit for virtual goods and / or virtual money does not reflect any stored value.

 

4.3 You agree that all sales of virtual money and / or virtual goods from us to you are final and that we will not refund transactions once they are completed and that a subscription cannot be canceled during the subscription period. If you are based in the European Union, you have certain rights to withdraw from distance purchases. By purchasing a license to use virtual goods or virtual money from us, however, you agree that the provision of our related services will begin immediately upon the conclusion of the purchase and your right of withdrawal will therefore expire at this time. For the purposes of this section 4.3, a „purchase“ is considered complete once it has been validated by our servers and the corresponding virtual goods or virtual money on our servers has been successfully credited to your account.

 

4.4 If you do not connect your game progress on your device to an account that is linked to either your social network account or a Devology account, we will have no way of losing virtual money or other data related to your device if you lose or damage your device your progress is linked to another device. Accordingly, the following applies to devices that are not linked in this way:

the entire risk of losing virtual money purchased from us on your device is borne by you when you complete the purchase in accordance with section 4.3;

the entire risk of losing virtual, unsold money on your device is transferred to you when the money is successfully credited to your account on our servers; and

Any risk of losing other data related to your game progress (including but not limited to your progress and / or level or level in one of our games) will be transferred to you at the time the relevant data is generated.

 

4.5 The data associated with the receipt of virtual goods – regardless of whether you bought the corresponding goods with virtual money or otherwise received them – are stored locally on your device and are not synchronized between different devices; not even if you’ve linked your game progress to a social network account or a Devology account. Accordingly, the risk of data loss is transferred to you the moment (i) the purchase of the virtual goods has been completed in accordance with paragraph 4.3 and / or the moment (ii) the other virtual goods have been sent to you in other cases were awarded or credited.

 

4.6 If you are based in the European Union, you will receive an invoice with VAT if you so desire or if the law requires it. You agree that these invoices can be issued in electronic format.

 

4.7 We reserve the right to monitor, regulate, change or remove all virtual funds, virtual goods and / or subscriptions without liability to you. However, if you have an active subscription, these changes will not take effect until the current subscription period expires. Your subscription will automatically end on the relevant date.

 

4.8 We reserve the right to change the prices for virtual goods, virtual money and / or subscriptions offered via the services at any time. However, if you have an active subscription, these changes will not take effect until the current subscription period expires. Your subscription will automatically end on the relevant date. We can also limit the total amount of virtual goods and virtual money that you can buy at one time and / or the total amount of virtual goods and virtual money that can be aggregated in your account. You may only receive virtual money and virtual goods from us or from our authorized partners via the services and not in any other way.

 

4.9 Depending on which platform you use, purchases of virtual goods, virtual money and subscriptions are processed through your platform provider and are subject to its business and terms of use. The usage rights for different purchases may vary depending on the item. If you are unsure about the rights of use, please contact your platform provider before buying. Unless otherwise stated, content available within a game has the same age rating as the game.

 

4.10 Without limiting the validity of Sections 3.7, 4.4 and 7.1, the following applies: If we block or close your account in accordance with these terms and conditions, you will lose all virtual funds, virtual goods and / or active subscriptions (see Section 4.12) and we will compensate you not for this loss and will not refund you. If you have an active subscription at the time of closing, the term will not be automatically extended at the end of the current subscription term.

 

4.11 The cost of any item that you can purchase through our website will apply as stated on our website at the time of your order unless there is an obvious error. The costs include all sales taxes and other fees. Depending on the bank you are using, additional fees may be charged on their part; this is beyond our control and we assume no liability in this regard. If you are not sure whether there are additional fees in your case, you should check with our bank via our website before making a purchase. We only accept payments through our partners for payment processing by credit card, debit card, mobile phone bill (carrier bill) or via PayPal. Our payment processing partners may have their own terms and conditions; you should make sure that you accept them before making a payment. If your transaction with our payment processing partners is unsuccessful, your purchase will not be completed. Upon successful completion of the payment transaction, your purchase will be completed as soon as possible – we will endeavor to fulfill your order immediately after your purchase.

Subscriptions

 

4.12 The payment for the subscription will be debited from your account at the time of purchase and the term will be automatically extended within the last 24 hours before the current subscription term expires. Your subscription is automatically renewed monthly, unless you deactivate the automatic renewal in your platform settings at least 24 hours before the current subscription period expires. Your subscription is linked to your platform account and cannot be transferred between different platform accounts. You agree that subscription sales from us to you are final and no cancellation is possible during an active subscription period.

 

5. User behavior and content

5.1 You must abide by the laws that apply in the location from which you access our services. If applicable laws limit your right to use our services, you must abide by those legal restrictions or, if applicable, stop accessing and / or using our services.

 

5.2 You guarantee that all information that you provide to us when accessing and / or using our services is and remains true, correct and complete at all times.

 

5.3 Information, data, software, sounds, photographs, graphics, videos, tags and other materials can be sent, uploaded, communicated, transmitted or otherwise made available by you or other users via our services („content“). You understand and agree that all content that is sent to you when you use our services, whether posted publicly or sent privately, is the sole responsibility of the person who posted the content. This means that you, not us, are fully responsible for content that you upload, communicate, transmit or otherwise make available through our services.

 

5.4 You agree not to upload, communicate, transmit or otherwise make the following content available:

Content that is unlawful, harmful, harassing, defamatory, offensive, obscene or otherwise objectionable or that could reasonably be viewed as such;

Content that violates the privacy of third parties or that could be reasonably viewed;

Content that could fuel violence or be racially or ethnically prejudiced or could reasonably be viewed as such;

Content that you are not legally permitted to provide (e.g. inside information, information that belongs to others or confidential information);

Content that violates third party intellectual property rights or other third party property rights;

Content in the form of unsolicited or unauthorized advertising, advertising materials, „junk mail“, „spam“, „chain letters“, „pyramid schemes“ or any other form of advertising; or

Content that includes software viruses or other types of computer code, files or programs that serve to interrupt, destroy or restrict the functionality of computer software or hardware or telecommunications equipment.

 

5.5 You agree that you will not:

use our services to injure or insult or harass people;

create more than one account per platform to access our services;

use another person’s or company’s email address to sign up to use our services;

use our Services for fraudulent or abusive purposes (including using our Services to impersonate you as another person or company or otherwise misrepresent your relationship with a person, company or our Services);

to disguise, anonymize or hide your IP address or the source of content that you may upload;

use our services for commercial or business purposes or for the benefit of third parties or to send unsolicited communication;

remove proprietary notices or other proprietary information from our games or any other part of our services;

disrupt or disrupt our services or the servers or networks that provide our services;

to attempt to decompile, reverse engineer, disassemble or hack our services or to decrypt or circumvent our encryption technologies or security measures or data transmitted, processed and stored by us;

Collect information about other people who use our services using „harvesting“ or „scraping“, including a. including personal data or information (e.g., by uploading programs that collect information, including, but not limited to, „pixel tag“ cookies, graphics interchange formats (GIFs) or similar elements, sometimes referred to as „spyware“ or “PCMs” (Passive Collection Mechanisms) are referred to;

sell, transfer, or attempt to sell or transfer an account in whole or in part, virtual money and / or virtual goods to us;

interrupt the normal course of a game or behave in any other way that interferes with fair competition among other players when playing our games or in real-time communication;

Disregard the requirements or regulations of any network connected to our services;

violate applicable laws or regulations by using our services;

use our services to defraud or to plan or support a fraud (e.g. by using automated means or third party software for gaming) or to otherwise circumvent technological measures designed to prevent access to control our Services or the elements of our Services, or otherwise act in a manner that is reasonably considered to be unfair or to violate these Terms and Conditions; or

use our services in a different way than permitted by these terms and conditions.

If you believe that someone else does not comply with these conditions, please contact us at the following address: Support@devology.de

 

5.6 We have no control over content published on our services by other people and therefore cannot guarantee its correctness, completeness or quality. You are aware that when you use our services, you may come across content that you may find offensive, offensive or reprehensible. Under no circumstances are we liable for the content in any way. a. also including errors or omissions in content or loss or damage of any kind that arise from the use of content published via our services, sent by email, transmitted or otherwise made available.

 

5.7 We have the right to remove uploaded content from our services if we decide at our own discretion that the content is based on a violation of any part of these terms and conditions or that it could damage our reputation or the reputation of our services. However, you acknowledge that we do not necessarily actively monitor content that is uploaded by users of our services and do not make any corresponding assurances.

 

5.8 You are solely responsible for your interactions with other users of our services.

 

6. Playing our games with other users

6.1 Some of our games allow you to play against an opponent or play together with other users. You may have the following options:

 

6.1.1 Choose to play against an opponent or with another user Devology chooses for you, or

 

6.1.2 Play against or with one of your contacts on a platform or on a social network that you have permitted to interact with our games, and in some of our games you can also search for your friends (e.g. E Email address) to play against or with them. We can also display the display names of your previous opponents so that you can easily find them and play with them again.

 

6.2 If Devology chooses another user for you, we can either choose the opponent at random or use criteria that we think are suitable for selecting your opponent (e.g. previous scores of you, your country or the level you have in the game or in other game activities).

 

6.3 If you access games from us and / or play games from us, you agree that your display name, your scores, your avatar, your country of residence, your online / offline status and other related details in other players or for advertising purposes any media (whether currently or in the future) will be permanently displayed to you for any purpose without financial compensation. You also acknowledge and agree that other players can find you by searching for you using your email address. Please note that we only display your display name publicly, but not your email address; other users need to know your email address in advance to be able to search for you.

 

7. Your violation of these terms and conditions

7.1 We reserve the right to take the following measures, with or without notice, individually or collectively, without limitation of other remedies or the paragraphs listed here, if we believe that you have committed a material breach of these Terms and Conditions ( including repeated minor violations):

Deletion, blocking and / or modification of your account or parts of your account;

otherwise blocking and / or deleting your access to our services;

Changing or removing virtual funds or goods associated with your account;

Reset and / or modify your game progress and the privileges associated with your account, such as scores or levels achieved in our games.

Violations of Section 4.1, 4.8, 5.4 or 5.5 are generally considered to be material violations without restriction.

 

7.2 You agree to compensate us in accordance with the law for all losses, damage, claims and costs that may arise from a violation of these terms and conditions on your part.

 

8. Availability of services

8 (A) For residents of the United States: We do not guarantee that our services will be available at any time or at a specific time or that we will offer our services in whole or in part for a certain period. We have the right to change and update our services without notifying you. We make no guarantees or statements about the availability of our services, and we reserve the right to change or discontinue the services at our own discretion without notice, including the option to discontinue a game or other service, both for economic reasons (because over time only a limited number of users use the game or service), for technical reasons (e.g. technical difficulties on our site or with the Internet) or to improve the user experience. UNRECERTED TERMS AND CONDITIONS YOU ACKNOWLEDGE AND AGREE THAT WE MAY EXCLUDE OUR SERVICES WHOLE OR PARTLY WITHOUT ANNOUNCEMENT. YOU CARRY THE ENTIRE RISK OF LOSS IN CONNECTION WITH THE TERMINATION OF OUR SERVICES.

 

8 (B) For residents outside of the United States: Subject to the limitation in the next sentence, we do not guarantee that our services will be available or error-free at any time or at a specific time. We provide our services in compliance with legally required standards. In particular, we guarantee only in relation to virtual money and / or virtual goods as well as other parts of our services that were paid for with real money that they essentially correspond to the description given at the time of purchase and that they are of satisfactory quality (as well as that related services with reasonable Care and expertise are provided). We have the right to change and update our services without notifying you (provided that such changes do not significantly degrade the functionality of parts of the services that were paid for in real money). We make no guarantees or statements about the availability of the Services that we provide free of charge (i.e. without paying with real money), and we reserve the right, at our discretion, to change or discontinue them without notice, including the ability to: discontinue a game or other service for economic reasons (because only a limited number of users will use it over time), for technical reasons (e.g. technical difficulties on our site or on the Internet) or to improve the user experience. We assume no liability or responsibility for non-fulfillment or delay in fulfilling our obligations if the cause for this lies outside of our reasonable control. If such circumstances lead to a significant deterioration in the functionality of the services, your payment obligations for download, use or access will be suspended for the duration of this condition. We have the right to change or discontinue the services or parts thereof that are paid for with real money at our discretion, provided we notify you in an appropriate manner.

 

9 For United States Residents – Limitation of Liability

WE MAKE NO LIABILITY FOR CONCRETE, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OWNERSHIP, USE OR FUNCTIONAL FAILURE OF OUR GAMES OR OTHER SERVICES, INCLUDING PROPERTY DAMAGE, COMPUTER DEFAULT OR FUNCTIONAL IMPROPER INCIDENTAL MISEXPENDENCIES . IN NO EVENT WILL OUR LIABILITY EXCEED THE PRICE ACTUALLY PAID BY YOU (IF APPLICABLE) FOR THE LICENSE TO USE VIRTUAL GOODS, VIRTUAL MONEY OR OTHER PARTS OF OUR GAMES OR SERVICES. SOME FEDERAL STATES DO NOT PROHIBIT RESTRICTIONS WITH REGARD TO THE WARRANTY DURATION AND / OR THE EXCLUSION OR RESTRICTION OF DAMAGES, SO THE ABOVE RESTRICTIONS AND / OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIAL LEGAL CLAIMS; Depending on the legal system, you may have various other rights.

 

10 For residents outside the United States – limitation of liability

10.1 We assume liability for deaths or personal injuries resulting from our negligence or the negligence of our employees or representatives, as well as for losses or damage caused by fraud by us or our representatives, and for any other liability that is not excluded by law can.

 

10.2 We are not responsible for:

Loss or damage that is not due to our violation of these terms and conditions or negligence;

Loss or damage that is reasonably unpredictable by you or us at the time you agree to these terms and conditions, including loss that arises as a side effect of foreseeable loss. This includes U. loss of data, lost opportunities, service interruption, computer or other device failure, or financial loss;

any damage to equipment caused by our services that you use to access or use our games or other services, unless such damage is caused directly by us providing the appropriate games or other services Lack expertise and care;

an increase in loss or damage resulting from your breach of these Terms and Conditions; or

technical failures or the unavailability of services if these problems are beyond our reasonable control.

 

10.3 In the event of loss or damage (other than those mentioned in Section 10.1 and subject to Section 10.2) within a period of 12 months, we are only responsible for such loss and damage that is reasonably expected to result from our negligence or from our violation of it Terms and Conditions are up to the value of the amount you paid us in the 100 days prior to the date of your claim. Losses or damages are only foreseeable if they were foreseeable by us or by you at the time you agreed to these terms and conditions.

 

10.4 Subject to Section 10.5, and unless otherwise stated in these Terms and Conditions, we do not make any implied or express warranties regarding our Services and you acknowledge that your only right in the event of problems or dissatisfaction with our Services is to stop using our Services.

 

10.5 All additional legal claims that you have as a consumer remain unaffected by these terms and conditions.

 

11. Intellectual property

11.1 You acknowledge that all copyrights, trademarks, and other intellectual property rights in and in connection with our services (excluding content contributed and owned by players) are our property or have been licensed to us.

 

11.2 If you comply with these terms and conditions, we grant you a non-exclusive, non-transferable, personal, revocable, limited license to access our services and / or use them (but not for related objects and source code) for your own private use, whereby it is assumed that the use takes place in accordance with these terms and conditions. You agree not to use our services for any other purpose. These terms and conditions also apply to any updates or patches that we publish or make available for our services, and such updates or patches are considered part of the services for the purposes of these terms and conditions.

 

11.3 YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT THE LICENSE GIVEN IN THESE TERMS AND CONDITIONS, YOU WILL NOT ACQUIRE OWNERSHIP RIGHTS TO OUR SERVICES; THIS APPLIES WITHOUT LIMITATION TO ONLINE ACCOUNTS, VIRTUAL MONEY OR VIRTUAL GOODS. You may not copy or distribute our services in whole or in part, make them available to the public or create work derived from them, unless we have given our prior written consent.

 

11.4 In particular and without limiting the validity of Section 11.3, you may not use or make available any cheats or technological measures to control access to our services or elements thereof, including access to virtual money and / or virtual goods, neither free of charge nor otherwise.

 

11.5 In the course of the transfer of content (as defined in Section 5.3) via our services:

do you ensure that you are fully authorized to do so;

you give us and our group of companies the right to edit, adapt, publish and use your contribution and the derivative works that we can create from it, in all media (whether existing or developed in the future) for everyone Purpose, permanent and without payment to you;

do you acknowledge that u. U. the so-called „moral right“ content, z. B. The right to be named as the author of your entry and the right that your work will not be subject to a pejorative assessment. You agree to waive your moral rights to the content; and

You agree that we are under no obligation to review or protect your rights to the content that you send to us. However, you grant us the right to assert your claims to this content if we wish, including a. including taking legal action (at our expense) on your behalf.

 

11.6 You may not copy, distribute, make publicly available or create derived work content that belongs to other users of our services. If you believe that your intellectual property rights have been infringed on the Internet by another person, you can contact us by emailing the following information to Support@devology.de:

a description of the intellectual property rights and an explanation of how they have been infringed;

a description of the location where the material that infringes them can be found;

your address, telephone number and email address;

an affidavit from you that (i) you have a good faith belief that the controversial use of the material in which you have intellectual property rights has not been authorized, and (ii) the information you disclose, are accurate and correct and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

 

12 U.S. GOVERNMENT RESTRICTED RIGHTS:

12.1 Our services were developed exclusively self-financed and are offered as „commercial computer software“ or as „restricted computer software“. Use, reproduction, or disclosure by the U.S. government or by a U.S. government subcontractor is subject to the restrictions set forth in paragraph (b) (1) (ii) of the Rights in Technical Data and Computer Software Clauses of DFARS 252.227-7013 or paragraph (b) (1) and (2) of the Commercial Computer Software Restricted Rights Clauses of FAR 52.227-19. The sole proprietors / manufacturers are Max Neumann and Jaroslav Kreps Devology.de 01239 Dresden Elsterwerdaer Straße 34 in Germany.

 

13. Data protection

13.1 The person responsible for data is Devology.de for all personally identifiable information or personal data that we collect about you through or in connection with our games or other services.

 

13.2 Devology.de collects, processes, uses and shares your personal information only in accordance with our data protection guidelines and as set out in these terms and conditions. If you do not agree to our privacy policy, you should not download or access our games, or otherwise access and / or use our services.

 

13.3 This Section 13 does not affect the provisions of Sections 20 and 21, which always take precedence over this Section 13.

 

14. Left

14.1 We can provide links to the websites or services of third parties in our services. You understand that we make no promises regarding the content, goods or services provided by such third parties and that we do not support them. In addition, we are not responsible to you for any loss or damage caused by such third parties. You are responsible for all costs that you incur in connection with such third parties. You understand that you are providing your information to third parties in accordance with their privacy policy (if applicable) and that our own privacy policy does not apply in connection with this information.

 

15. Transfer of these terms and conditions

15.1 We may transfer all or part of our rights or obligations under these terms and conditions to a third party without your consent. You agree that we are authorized to do so, provided that the transfer does not result in any significant disadvantages for you. You may not transfer the rights that we grant you under these terms and conditions unless we have given our prior written consent.

 

16. Complete agreement

16.1 These Terms and Conditions constitute the full agreement between you and us regarding our services (as defined in Section 1) and supersede all previous agreements and arrangements between you and us.

 

17. Changes to these terms and conditions

17.1 You can view these terms and conditions at any time at https://devology.de/agb/.

 

17.2 Without prejudice to Section 21.8, we reserve the right to update these Terms and Conditions from time to time by posting updated versions at this address. We can do this for various reasons (including but not limited to) if we change the nature of our products or services for technical or legal reasons or because our business requirements have changed. You agree that you will immediately stop accessing and / or using our services if you do not agree to a change in our terms and conditions.

 

18. Severability clause

18.1 If any part of these Terms and Conditions is found to be invalid or unenforceable by local law or by a competent court, that portion will be interpreted in accordance with applicable laws to reflect our original intentions as much as possible and the rest of these Terms and Conditions remains valid and enforceable. If it is not possible to interpret an invalid or unenforceable part in accordance with the applicable laws, this part should be regarded as deleted from these terms and conditions without affecting the remaining provisions contained herein.

 

19. Legal waivers

19.1 If we do not exercise or assert one of our rights under these terms and conditions, this does not constitute a waiver of our assertion of this right. Any waiver of such rights is only valid if it is made in writing and signed by us.

 

20. Complaints and dispute settlement

20.1 Most problems can be solved quickly by contacting us at Support@devology.de.

 

20.2 If, contrary to expectations, we cannot solve your problems and you would like to initiate legal proceedings against us, these terms and conditions are subject to the laws of Germany and will be interpreted accordingly.

 

21. For residents of the United States – WAIVERS OF BINDING ARBITRATION AND CLASS ACTION:

21.1 The ARBITRATING ARBITRATION AND CLASS ACTION EXCLUSION in this paragraph 21 applies to all disputes between you and Devology.de and King’s affiliates related to the games and services. Paragraph 21 also applies to any dispute between you and an affiliated Devology company, each of which is an intended third party beneficiary of paragraph 21. For the purposes of paragraph 21, “Affiliate” means any company controlled or controlled by Devology.de or under joint control with Devology.de, with “Control” being the direct or indirect property of more than fifty percent (50% ) of the capital or equivalent voting rights of this company means and „dispute“ includes any dispute, controversy or lawsuit between you and Devology.de (or an affiliated Devology.de company) arising out of or in connection with this agreement, the services or any other transaction in which you and Devology.de are involved, regardless of whether it is a contract, a guarantee, a misrepresentation, a fraud, a tort, a willful act, a law, a regulation, one Regulation or other legal or cheap basis.

 

21.2 Initial Dispute Resolution: If you have any concerns or questions regarding our services, you can contact our customer support via the Devology Community Portal (Support@Devology.de). Most concerns can be resolved quickly and to the satisfaction of our customers. The parties will do their utmost do to resolve disputes, claims, questions or discrepancies directly through contact and in good faith negotiations.

 

21.3 Binding Arbitration: In the event that the parties fail to reach an agreement within 30 days of the expiry of the informal dispute settlement procedure referred to in paragraph 21.2, you and Devology.de agree that all disputes will be resolved through a binding arbitration pursuant to this Agreement . ARBITRATION MEANS THAT YOU WILL BE WITHOUT A RIGHT TO A JUDGE OR JURY IN A LEGAL PROCEDURE AND YOU WILL BE LIMITED TO VOCATIONAL REASONS. Pursuant to this agreement, the binding arbitration of JAMS, a state-recognized arbitration authority, will be conducted in accordance with their applicable consumer dispute procedures, but to the exclusion of any rules that allow arbitration or class action lawsuits in arbitration (see Section 21.5 below for more details on the procedure). . You and Devology.de understand and agree that (a) the Federal Arbitration Act (9 USC §1, ff.) Governs the interpretation and enforcement of this paragraph 21, (b) this agreement recognizes a transaction in international trade, and (c ) this paragraph 21 should continue beyond the termination of this agreement.

 

21.4 Arbitration: If you or Devology.de commence arbitration, the arbitration will be governed by the rules of JAMS that are in effect at the time the arbitration is submitted, except for any rules that allow arbitration on a class action or representative basis (the “ JAMS Rules ”), available at http://www.jamsadr.com or at 1-800-352-5267, and the rules set out in this Agreement. All disputes will be decided by a single neutral arbitrator, and both parties will have a reasonable opportunity to assist in the selection of the arbitrator. The arbitrator is bound by the terms of this agreement and must comply with applicable law. The arbitrator, and not a federal, state, or district court, or agency, is solely authorized to resolve any dispute arising out of, or related to, the interpretation, applicability, enforceability, or formation of this agreement, including the allegation that this agreement is wholly or is partially void or invalid. Notwithstanding this far-reaching transfer of powers to the arbitrator, a court may rule the limited question of whether a claim or cause of action is excluded from arbitration pursuant to Section 21.6. The arbitrator is authorized to grant all legal remedies that would be possible in a court of law or fair. In some cases, the cost of arbitration may exceed the cost of litigation, and the right to be exposed may be more restricted in arbitration than in court. The arbitrator’s award is binding and can be executed as a judgment before any competent court. You can participate in arbitration hearings by phone. Arbitration hearings that are not conducted by telephone take place in a location that is reasonably accessible from your primary residence or at your choice in Los Angeles, California. Instructions for initiating arbitration can be found on the JAMS website and at the toll-free number above.

 

21.5 Waiver of class actions: The parties further agree that all arbitration proceedings will only be conducted in a personal capacity and not as a class action or other collective action, and the parties expressly waive their right to file a class action. YOU AND WE AGREE WE AGREE CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY SHOWS EACH OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A MAIN PLAINTIFF OR MEMBER OF A CLASS GROUP OR ALLEGED COMMUNITY ACTION OR AS A REPRESENTATIVE COMPLAINTS TO ASSERT. If a court or arbitrator determines that the “class action waiver” set out in this section is invalid or unenforceable, or that arbitration can be brought as a class action, the overall arbitration provision set forth above will be null and void and it will apply that the parties have not agreed to settle disputes.

 

21.6 Exception – Litigation on Intellectual Property and Settlement Matters: Regardless of the parties‘ decision to settle all disputes related to arbitration, either party can bring a case to a state or federal court that will only enforce claims that: infringement or nullity of a patent, copyright infringement, violation of moral rules, trademark infringement and / or business secret misappropriation. However, for the sake of clarity, no claims relating to the license granted to you for the services under these terms and conditions. Furthermore, either party can seek a settlement in a minor claim court if the dispute or lawsuit falls within the jurisdiction of the court.

21.7 30-day right to object (opt-out): You have the right to withdraw, whereby you are not bound by the provisions on waivers of arbitration and class actions, which are described in the sections „Binding Arbitration“, „Places“ and „Waiver“ on class actions ”. To do this, you must send us your objection in writing to the following address: Devology.de Max Neumann 01239, Dresden Elsterwerdaer Straße 34. The objection must be sent within 30 days of the first download of the game in question or the start of our service (or if no purchase has been made) done, then be sent within 30 days of your first download of the game in question or access to or beginning to use the service in question); otherwise you are required to settle disputes in accordance with the terms of these sections. If you withdraw these arbitration measures, we are not bound to them either.

 

21.8 Changes to this paragraph: We publish changes to this paragraph with a notice period of 60 days. The changes will take effect on the 60th day and will probably only be applied to claims that arise after the 60th day.

 

22 JURISDICTION AND APPLICABLE LAW

Our provided games and other services are subject to these terms. This paragraph explains the laws that govern these conditions.

 

22.1 With the exception of paragraph 21, the laws of Germany regulate the interpretation of these conditions and apply to claims for violation of these conditions, without reference to the principles of conflict of laws. All other claims, including consumer protection laws, unfair competition laws, negligence and tort claims are subject to the laws of the country in which you reside. If there is a dispute between us about these Terms of Use, that dispute is under the jurisdiction of the English courts, unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.

 

22.2 For residents of the United States: You and we irrevocably agree to the exclusive jurisdiction and jurisdiction of state or federal courts in the Los Angeles, California district to resolve any claim that may be exempt from the arbitration agreement described in paragraph 21 above or otherwise classified as incapable of arbitration.

 

22.3. If you are a resident of the United States and you have the right to participate in and / or participate in a lawsuit in the United States, you agree to be bound by the above waiver and arbitration terms.

 

23. Questions about these terms and conditions

23.1 If you have any questions about these terms and conditions or our services, you can contact us by email at Support@devology.de.

These terms and conditions were last updated on 04.05.2020.

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