TERMS OF USE
The Oineus GmbH
Oineus Media GmbH
Dorfstr. 68
16356 Ahrensfelde
Please read the following terms of use, which apply to every visitor of the website (hereinafter referred to as “website”) as well as our app (hereinafter referred to as “app”). By using our website/app, you impliedly agree to these Terms of Use. The owner of the website/app reserves the right to change, delete or supplement the information on this website/app at any time without prior notice.
§ 1 Scope of application
1. The following terms and conditions apply to the use of the website/app challenge.games (hereinafter “website”) and the gaming app (hereinafter “App”). For the use of the website/app, it is important that you as a user accept the following provisions.
2. by using our website/app, you agree to the terms of use of our website/app. By agreeing, you warrant to us that you will not make any postings that violate the Terms of Use.
§ 2 Contact details and legal information
If you have any questions regarding our website/app, you can reach us at the following contact details:
Oineus Media GmbH
Dorfstr. 68
16356 Ahrensfelde
E-Mail: support@challenge.games
§ 3 Availability of the website/app
1. the website/app has an availability of 24 hours a day. However, there may be interruptions in availability due to maintenance required for the system. Interruptions of the availability may occur due to force majeure or other causes beyond Oineus’ control, such as intent or gross negligence.
2. Oineus points out:
- that it is technically impossible to provide the website/app free of errors of any kind and Oineus therefore does not assume any responsibility for them,
- those errors may lead to the temporary shutdown of the website/app,
- that the availability of these web pages depends on conditions and services outside the scope of Oineus, such as transmission capacities and telephone connections between the individual parties. We are not responsible for disruptions falling into this area.
§ 4 Discussion forums
Insofar as Oineus offers discussion forums temporarily or permanently on its websites/ in its apps, participants in the discussion forums are expected to observe the usual rules of communication such as mutual respect. Visitors must not disseminate or publish any offensive, possibly derogatory, naughty, indecent, defamatory, or obscene material or material that infringes the intellectual property rights of third parties.
§ 5 Electronic communication
When you use a service form or send emails, text messages or other communications to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, including via email, text messages, or by posting electronic messages or other communications on our website/app or as part of other services of third-party service provider. For contractual purposes, you agree to receive electronic communications from us and that all consents, notices, disclosures, and other communications that we communicate to you electronically do not, to that extent, require written form unless mandatory applicable law requires a different form of communication.
§ 6 Copyright and database rights
1. the entire content included in or provided through any service such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data collections, is the property of Oineus or its development partners or other third parties supplying content or making it available on the website/app and is protected by German copyright and database right laws.
2. the entire content included in or made available through any service of Oineus is also the exclusive property of Oineus and is protected by German copyright and database right laws.
3. you may not systematically extract and/or reuse any part of a service of Oineus without our express written consent. You may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any substantial parts of any service of Oineus for re-utilization without Oineus’s express written consent. Furthermore, you may not create and/or publish your own database containing substantial parts of a service of Oineus without the express written consent of Oineus.
§ 7 Patents
All patents registered to Oineus are also applicable to all services and other products of Oineus. It may happen that the respective patents are operated under one or more patents.
§ 8 Your account
1. access to some (paid) services of the website/app, requires the creation of an account.
2. the creation of an account is allowed only to persons of full legal capacity, to whom the registration form is provided on the website/app.
3. the user undertakes not to provide false personal information. Furthermore, the user undertakes to check his details regularly to ensure that they are correct.
4. if you use a service of Oineus, you are responsible for ensuring the confidentiality of your account, password and for restricting access to your computer and mobile devices. To the extent permitted under applicable law, you agree to be responsible for all activities that occur through your account or password. You should take all steps necessary to ensure that your password is kept secret and secure, and you should notify us immediately if you have reason to be concerned that a third party has obtained knowledge of your password or that the password is being, or is likely to be, used in an unauthorized manner. You are responsible for ensuring that the information you provide to us is accurate and complete and for notifying us of any changes regarding the information you provide. You may view and update some of the information you have given us on our website/app.
5. the user can change his username and password at any time afterwards.
6. you may not use any Oineus service in a manner that is likely to disrupt, damage or otherwise interfere with Oineus services or access.
7. furthermore, you may not use the services of Oineus for fraudulent or in connection with a criminal offense, unlawful activity, harassment, or inconvenience.
8. we reserve the right to deny you the services on the website/app or to close member accounts. This is especially true if you violate any applicable law, contractual agreements, or our policies.
9. users of this website/app can delete their account at any time by sending a corresponding message via the contact form. The user’s account will be deleted immediately once the user has completed and submitted the form.
§ 9 General obligations of the user
1. The user is prohibited from creating or using multiple accounts and profiles or from making the access data for an account and a profile available to third parties or from disclosing data to third parties that has become known using the website/app.
2. in the interest of fair competition, the user is prohibited from deliberately losing, deliberately allowing other users to win, or deliberately carrying out actions that are likely to disrupt the regular course of events
3. the user is prohibited from using any software produced by third parties on the website/app. This applies to bots, cheats, auto-clickers, modding, programmatic changes, hacks for manipulation or other technical aids that influence the game content of the website/app or any of your other content or sales. It is also prohibited to increase virtual items through automated processes or through any other intervention in the system or disruption of the system. Furthermore, any form of “data mining” and the intrusion as well as the abuse of our programs or databases is prohibited.
4. the user is forbidden to trade commercially with additional functions or other virtual objects and to transfer them to third parties on a commercial scale.
5. the user is prohibited from using the website/app for commercial purposes or for conducting or initiating commercial business. In the event of such a violation, we are entitled to impose an appropriate contractual penalty on the acting entrepreneur.
6. the user is prohibited from posting illegal or unlawfully created content on the website/app or otherwise uploading it to our server.
7. the user is prohibited from distributing any form of spam or advertising via the website/app.
8. the user undertakes to ensure that all protective rights and copyrights are observed when transmitting data.
§ 10 Responsibility of the users for their own content
1. While using the website/app, the user may post his own content. The user is solely responsible for the content used and published in this context.
2. the user is prohibited from posting advertising of any kind and infringing content, in particular right-wing extremist, pornographic, racist, inciting, insulting, defamatory and reputational and business-damaging content. In the event of violations, we reserve the right to take legal action and delete the content in question.
3. The user undertakes to indemnify third parties against claims to which they are entitled due to a violation by the user of point 2 of this paragraph, irrespective of the legal grounds (including claims under copyright law and due to violation of personal rights).
§ 11 Rights in the event of a user's breach of duty
1. if there are concrete indications that the user culpably violates legal provisions or these terms of use, in particular the user-related duties set out above in § 9 and § 10 of these terms of use, or if we have another justified interest in doing so (e.g. to protect other users and to ensure regular operation), we shall be entitled to take the following measures without the need to warn the user in advance:
- Warning the user,
- Temporary or permanent blocking of the user and/or individual profiles of the user,
- Deprivation, deactivation or blocking of functions, additional functions, premium content, or game scores, insofar as the user has obtained these through manipulation of the history or in other violation of these terms of use,
- Termination of the user contract without notice.
2. the user is not entitled to a refund of any fees paid or other claims for compensation due to the impossibility of using the website/app or the additional functions if the above-mentioned measures are justified.
3. If the user culpably violates legal provisions or these Terms of Use, in particular any user-related obligations set forth in these Terms of Use, we shall be entitled to assert claims for damages against the user based on his culpable conduct. The user undertakes to indemnify us against any claims by third parties arising from the violation of legal provisions or any of the obligations due to the user’s culpable conduct.
§ 12 Technical Requirements
1. The user shall ensure that the technical requirements for the smooth use of the website/app are met. This includes an up-to-date operating system, an up-to-date browser, up-to-date browser plug-ins, a s table Internet connection and a sufficiently powerful computer or mobile device.
2. we publish new versions of the website/app (“updates”) at irregular intervals. Officially supported by us is only the latest version of the respective website/app. If technical or business reasons make this appear necessary, the system requirements, e.g., the required version of the underlying operating system, may change due to the release of new versions. In such a case, the user has no right to continue to use the website/app with the device that does not meet the system requirements.
3. we make every effort to ensure smooth operation. In case of technical problems, temporary maintenance, be it for technical checks, change of content or other events that make the use temporarily impossible, Oineus cannot be held liable.
§ 13 Liability
1. we always try to ensure that the services of Oineus are available without interruptions and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access Oineus‘ services may occasionally be interrupted or limited to allow for repairs, maintenance or the introduction of new facilities. We will try to limit the duration of any such temporary interruptions or limitations.
2. Oineus is liable without limitation as far as the cause of damage is based on an intentional or grossly negligent breach of duty by Oineus or a legal representative or vicarious agent of Oineus.
3. The above limitations of liability do not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in case of fraudulently concealed defects. The liability according to the product liability law remains unaffected.
4. as far as the liability of Oineus is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
§ 14 Links to other websites/app
1. for links, which are not operated by Oineus and are located on their website/app, we have no possibility to control the content of this website/app, because it is completely independent from us.
2. for this reason we do not take any responsibility for the content of these websites/apps and the consequences of their use by the visitors of these. Accessing all websites/apps accessible via links is at your own risk. There is no separate notice when users leave the website/app. However, we ask you to notify us immediately of any illegal or dubious content of the linked website/app.
3. other websites/apps may have links to the websites/apps of Oineus. Such link requires our prior consent.
§ 15 Data protection
1. it may happen that data and information of visitors and users (date, time, accessed page) about the access are stored on the server. We point out that – without consent – no personal (e.g., name, address or e-mail address) data will be stored.
2. if personal data is collected, we undertake to obtain the prior consent of the user of the website/app.
3. we point out that the transmission of data on the Internet (e.g., by e-mail) security gaps. Accordingly, an error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this regard, our liability is excluded.
4. the user has the right to information. You have the right to receive complete and free information from us about the data concerning you at any time.
5. furthermore, there is a right to correction/deletion of data.
6. further details are provided separately in the privacy policy.
§ 16 Cookies
1. numerous internet pages/apps and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.
2. using cookies, the users of this website/app can provide more user-friendly services that would not be possible without the cookie setting.
3. we point out that some of these cookies are transferred from our server to your system, which are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your system and allow us to recognize your system on your next visit (so-called permanent cookies).
4. you can object to the storage of cookies, for this you have a banner available to which you can object / accept.
5. additionally we refer to our privacy policy.
§ 17 Changes to the terms of use
We reserve the right to make changes to services of Oineus, rules, conditions including these terms of use at any time. You are subject to the Terms of Service, Terms of Agreement and Terms of Use in effect at the time you use Oineus services. If any of these terms and conditions are held invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
§ 18 No Waiver
If you breach these Terms of Use and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms of Use.
§ 19 Final provisions
1. the contract language is German.
2. We reserve the right to make changes to our website/app, rules, conditions including these Terms of Use at any time. If any provision of these Terms of Use is invalid, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
3. should individual provisions be or become invalid in whole or in part, this shall not affect the legal validity of the remaining provisions. They shall be replaced by an appropriate provision which, insofar as legally permissible, comes closest to what was intended or intended by the invalid provision.