Terms of Services for use of the Website and game Sick City
- Terms of Service, Applicability
- These Terms of Service apply to all offers and services of Roccat Games Studio GmbH, Otto von Bahrenpark, Paul-Dessau-Str. 3 g, 22761 Hamburg (hereinafter "Roccat") on the website sickcity.com (hereinafter “Website”). All transactions between Roccat and the user (hereinafter "User") in connection with services offered by Roccat on its Website sickcity.com are subject exclusively to the following Terms of Service (hereinafter “Terms”) in the version, effective on the date of the purchase order.
- By accessing the website www.sickcity.com ("Website") or using the services offered by Roccat ("Services") the User agrees and acknowledges to be bound by these Terms of Service ("Terms"). They are an integral part of each contract between the User and Roccat unless provided otherwise in a particular case. The Terms also apply to any future transactions with the User, whether or not they are expressly made applicable again at that time. If you do not agree to these Terms, please do not access the Website or use the Services.
- Roccat is entitled to change the Terms and Conditions with effect for a future date. We will only carry out these changes for an important reason; in particular based on new technical developments, expanding our services, changes in legislation or jurisprudence or other equivalent reasons. Should the change significantly distort the contractual balance between the parties, the change will not take place. In all other cases, changes require your approval. You agree to be informed about changes to the Terms and Conditions when you log in to the relevant games platform or via ingame messages or by e-mail to your most recently notified e-mail address. The Terms and Conditions are considered accepted if you do not object to them in writing or in text form (e.g. by e-mail or fax) within eight weeks after receipt. ("Objection Deadline"). When notifying any changes, we will draw specific attention to this option. We advise you to direct any objection to us in writing or by e-mail for the preservation of evidence. In the latter instance, it is recommended to provide the name of both the Game and your own name in the subject line. If you, as User, do not object to the changed Terms and Conditions towards us within the Objection Deadline or you continue to use the Games despite access to the notification concerning changes, the changed or supplementary Terms and Conditions become effective. If you, as User, object within the deadline, both you and us are entitled to duly terminate the contractual relationship and, after the expiry of a possible notice period, to delete the account. Any possible service fees paid in advance for the period after the termination shall be refunded to the User on a pro rata basis. When notifying changes, we will always explicitly point out the possibility of objection and termination as well as the period of notice and the legal consequences in particular where an objection does not take place.
- Closed Alpha- & Beta Version; Usage License; User account
- On the Website Roccat provides the game Sick City (hereinafter “Game” and/or “Services”) and makes the Games available on its Website for download by the User to the User’s terminal device (such as a computer, console, smartphone, etc., hereinafter “Terminal Device”).
- In order to participate in the Game and use the Services of the Website, it is necessary to register as User with a User Account and to accept these terms and conditions (“Terms and Conditions”).
- The Games are available as Alpha- and Beta-Version only. These Versions can be downloaded by a limited number of users (“Closed Alpha- & Beta-Version”). The User will be invited by Roccat to sign up and apply for early testing of the Game. All offers made by Roccat are non-binding. A contract with the User does not take effect until Roccat accepts the Users application to participate at the closed Alpha and/or Beta-Version. Acceptance by Roccat is subject to the sending of an application confirmation which is normally sent by e-mail if the User has provided Roccat with a valid e-mail address. The confirmation contains all of the important content of the contract concluded between Roccat and the User.
- There is no entitlement to participation of these closed Alpha- and Beta-Versions.
- After the User has been accepted to participation to the closed Alpha & Beta-Version of the Game, he can download the Game free of charge.
- Roccat grants the User a limited license to access the Website and to use the Services in accordance with these Terms and Conditions and the instructions and guidelines posted on the Website.
- The Game is protected by copyright and trademark law. In order to download the Game the software must be installed on the User’s Terminal Device. The User is entitled to use the Game exclusively for his own personal, non-commercial use. The User may not duplicate the downloaded Game or store it on data media. In particular, the User is not permitted to pass the Games on, to offer them to third parties via the Internet, to pass them on to other networks free of charge or for payment, to alter them, to make them available, or to trade them and/or use or exploit them commercially. In addition, editing, decompiling, disassembling, and reverse engineering are prohibited. Inciting third parties to or aiding and abetting such acts is also prohibited. Any non-compliance will result in immediate exclusion and cancellation of the account.
- Roccat reserves the rights to remove the closed Alpha- and/or Beta-Version of the Game and/or terminate the license to use it at any time and for any reason or in the future charge for its use. Users are not entitled to keep points and achievements accrued during use of Alpha- and/or Beta-Version.
- It is not allowed to share one account or for parents to create an account for their children that are younger than 16 years of age.
- Roccat has the right to feature advertising - including custom advertisements - on the Website in compliance with applicable laws. This right also extends to advertising by companies affiliated with Roccat and advertising included in newsletters sent to the User by e-mail, provided that the User has agreed to receive newsletters.
- Forum Rules
- User with a User Account can participate in the forum (hereinafter “Forum”).
- Although the administrators and moderators of the Forum of Sick City will – after having knowledge - attempt to keep all objectionable messages off this Website and the Forum, it is impossible for Roccat to review all messages. All messages express the views of the particular User as author and not of Sick City or Roccat. Neither Roccat nor XenForo Ltd. will be held responsible for the content of any message.
- By agreeing to these rules, you as User warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws.
- In the event that the User infringes these rules, the User is obliged to indemnify Roccat for the damage resulting therefrom; the User is particularly obliged to release Roccat from any third party claims in this regard upon first demand. Section 7 of these Terms and Conditions is applicable.
- Roccat reserves the right to remove, edit, move or close any content item for any reason or no reason.
- Roccat reserves the right to exclude users from usage of this forum for any reason or no reason.
- If you are banned from the forums, you may not create another account.
- Roccat accesses and stores sensitive website login data as part of its daily operations. While Roccat will take every reasonable precaution to secure these details (including the use of database data encryption), nonetheless, making available personal data, whether in person, by telephone or online, is always associated with certain risks, and no technical system is completely immune to manipulation or sabotage. Roccat will not accept any responsibility or liability for actions that may result from this data being intercepted or accessed by an unauthorized third party.
- User Responsibility and Obligations
- The User shall use the Website and Game only for his/her own personal, non-commercial purposes.
- The User agrees not to retrieve, store, process, modify, forward or make accessible to third parties any information from the Website or Game, unless expressly permitted under these Terms.
- If specific circumstances indicate that the User has violated applicable laws or rights of third parties, or if Roccat otherwise has a rightful interest, including, without limitation, an interest in the protection of other users, Roccat may take the following measures:
Ã¢â‚¬â€™ Sending a warning to the User
Ã¢â‚¬â€™ Limiting use of the Website and/or Game
Ã¢â‚¬â€™ Inform the police in case of a criminal offence
Roccat may limit use of the Website, in particular, if a user has provided false information, including, without limitation, a false or invalid e-mail address, if a user has breached provisions of sections 7.1 or 7.2, or if other circumstances provide good cause for limiting use of the Website.
- Liability of the User; Release of Roccat from third party claims
- The User is liable for the infringement of the rights of a third party caused by him. The User is obliged to compensate Roccat for all losses or damages in connection with non-compliance with the obligations resulting from these Terms and Conditions and the Forum rules.
- The User shall indemnify and hold harmless Roccat from and against any and all valid claims brought by third parties or other users against Roccat due to a violation of their rights by the user or based on any breach of Sections 2, 4 and 6. The User will also bear the costs of the legal defense, including all court fees and attorney fees based on the statutory fee schedules. This does not apply if the user is not responsible for the infringement.
- Liability of Roccat
- Roccat provides the Game and Website without any explicit warranty or condition.
- You understand and agree that you use the Game and website at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. under no circumstances shall Roccat be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever (however arising, including by negligence), including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension, or termination of the site or services, damages incurred through any links provided on the site and the nonperformance thereof and damages resulting from loss of use, sales, data, goodwill or profits, whether or not Roccat has been advised of such possibility. Your only right with respect to any dissatisfaction with this site or Game or services with Roccat shall be to terminate use of this site and services. some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
- Roccat assumes no liability, in particular, for any damages resulting from any third-party actions affecting the User's system or resulting during data transfers from the User to Roccat or from Roccat to the User.
- Roccat has no control over design or contents of linked third-party websites and therefore makes no warranties with respect to the correctness, accuracy, completeness or lawfulness of such contents, and Roccat hereby expressly states that it does not endorse such contents.
- Any liability of Roccat that may arise notwithstanding the foregoing provisions shall in each case be limited to damages caused by willful or grossly negligent actions or omissions of Roccat, its representatives or agents, or resulting from a material breach of contract. Material contractual duties in this sense are duties ensuing from the nature of the contract and whose breach would jeopardise the attainment of the purpose of the contract. Liability shall be limited to reasonably foreseeable damages, unless Roccat is held liable for a breach of contract resulting from willful or grossly negligent actions or omissions.
- Any liability for wrongful injury to life, body or health shall remain unaffected thereby. The same shall apply to any liability that attaches by operation of law, e.g. in accordance with the German Products Liability Act.
- Roccat generally provides all information, advice and recommendations to the best of its knowledge. There is no primary or subsidiary obligation to provide any information, advice or recommendations. Therefore, Roccat also is not liable for any damages resulting from the User's acting on such information, advice or recommendations, unless liability is based on tort or other provisions of applicable law. Information, advice and recommendations may involve images or texts, irrespective of whether such information, advice or recommendations are accessible to the general public or provided to the User personally.
- Except as provided herein, any liability of Roccat for damages, whatever the legal grounds, is hereby excluded.
- Data Protection
- If any provision of the Terms and Conditions is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms and Conditions shall be severed accordingly.
- These Terms are governed by German law without reference to conflict of laws principles. Mandatory legal provisions related to consumer rights of the country of residence of the consumer which cannot be limited or excluded by contract remain unaffected by this choice of law.
Last revised: May 6, 2017
Copyright: Roccat Games Studio GmbH Ã¢â‚¬â€™ all rights reserved..