General Terms and Conditions of the Portal-Operator
Table of Contents
- 1. Scope of Application
- 2. Offer and Conclusion of Contract
- 3. Cancellation Policy and Sample Cancellation Form
- 4. Availability
- 5. Access to these Terms & Conditions, Changes and Further Notifications, Contact by the User
- 6. Instructions, Rules of the Games, Conditions of Participation
- 7. Playing for Free, Fees, Payment Conditions, Late Payment
- 8. Term, Cancellation
- 9. Responsibilities and Other Obligations of the User; Liability for Information Uploaded by the User; Copyright
- 10. Claims Based on Defects
- 11. Liability and Limitation of Liability
- 12. Online Dispute Resolution
- 13. Final Clauses
1. Scope of Application
These General Terms and Conditions (hereinafter: „Terms & Conditions“) are a legally binding agreement that governs the relationship between Whow Games GmbH, Germany, and its affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership (hereinafter jointly referred to as: „Whow Games“), towards the Users, i.e. the players of Whow Games´ games and services provided via Online Gaming Portal(s) his or her use of Whow Games products and social games for the web, mobile or any other applicable platforms and/or devices (“Service”).
On the Online Gaming Portal(s), a range of online games as well as other services are offered (hereinafter: „Portal“). These services include, for example, the possibility of creating a profile page, participating in blogs and forums, uploading media such as photographs, texts, and games as well as purchasing virtual items or other services.,
By accessing or using Whow Games´Games and Services, User accepts these Terms & Conditions, and agrees that he or she has read, understood and agrees to be bound by these Terms & Conditions.
These Terms & Conditions apply without prejudice to section 1.1.4 and, with the exception of Germany and Austria, to Users residing in the European Union (EU)- and Non-EU countries.
In the following Terms & Conditions, references made to “Games” or “Services” shall pertain to the Games and/or Services offered by Whow Games. For the business relationship between Whow Games and Users, we point to our general Terms & Conditions upon which all of the services we provide in our Portal are based, as well as the Data Protection Policy and the Imprint, which both constitute an integral part of the Terms &Conditions.
User terms and conditions are not considered part of the general agreement unless Whow Games approves of these in written form (e.g. text form by sending an email).
The following Terms & Conditions apply to the use of the Portal and the Games and Services. The Games and Services can be accessed primarily through a personal computer connected to the Internet by telephone, ISDN, broadband or an equivalent connection. In addition, other various Internet-capable devices may be used, whereby the scope of operation and/or display characteristics may be limited.
These Terms & Conditions expressly exclude questions that may arise with regard to the establishment of Internet access, connection to websites and online games, and Third Party software such as web browsers or access software, as these Services are not provided by Whow Games.
IT SHALL BE NOTED THAT THE SERVICE IS STRICTLY FOR ENTERTAINMENT AND AMUSEMENT PURPOSES ONLY. WHOW GAMES´ SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR MATERIAL PRIZES. NO REAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES OFFERED THROUGH THE SERVICE, AND NO REAL MONEY IS REQUIRED TO PLAY.
1.1.1 Whow Games offers its Games and Services exclusively to non-commercial Users in compliance with § 13 of the German Civil Code (BGB). The use of Whow Games Games and Services for pecuniary or any other commercial purposes is hereby prohibited.
1.1.2 Only those individuals who have at least reached the age of 18 - or the legal age at which gambling or gaming activities are permitted under the law or jurisdiction that apply in the place of the individual’s residency - are entitled to use the full scope of Games and Services provided by Whow Games.
1.1.3 By registering to use and/or installing the Games or Services, the User expressly warrants and represents that he/she has reached the legal age.
1.1.4 Users residing in Cuba, Iran, North Korea, Sudan, and Syria are expressly prohibited from using the games.
1.2 Subject Matter of the Contract, Usage of and Changes to the Games and Services
1.2.1 Whow Games offers its Users the possibility of using Games and Services that are offered by Whow Games subject to existing technical and commercial capabilities.
1.2.2 Participation in the Games is for entertainment and amusement purposes only.
1.2.3 Whow Games, as part of its Services, stores certain information on the Portal and offers its Users the possibility of uploading information to the Internet and creating personal profiles, etc., which can be viewed by other Users of Whow Games Games and Services as well as by Third Parties. Furthermore, the User can or may also communicate with Third Parties via the Portal, upload and exchange photographs, videos, games, music and other media, publish blogs and comments, and rate games, other Users, Third Parties or transactions.
1.2.4 The Games and Services referred to here are Games and Services provided by Whow that are required so as to provide the software necessary for use of the Portal for the duration of the agreement. The use of Whow Games Games and Services online is made possible through the provision of the necessary applications at the respective URLs by Whow Games. Whow Games also reserves the right to offer or sell its Games on other digital media, which may have a range of features that differ from the online versions of said games. Such a sale of these Games is not subject to these Terms & Conditions.
1.2.5 The use of Whow Games Games and Services is expressly limited to individuals who previously created a customer account (hereinafter referred to as Account) at the time of registration. The registration takes place either online by completely filling out the registration form on the Portal or via another website or landing page with a corresponding registration function and/or via the log-in function of a social network such as i.e. Facebook Connect. Whow Games reserves the right to make the activation of an account dependent on the operation of a confirmation link, which is sent to the User’s provided email address. An Account can be created at the Portal or at the URL of the respective Game(s). An Account that has been created at the Portal enables the User access to any of the Games subject to the conditions set forth in Section 1.1 above.
1.2.6 Registration, i.e. an application to open an Account, can be accomplished by filling out a form electronically and providing the information requested therein. The use of Whow Games Games and/or Services shall be permitted from the time an account is created for the User by Whow Games.
1.2.7 A User is only authorized to register one account on the portal. For all additional Accounts Whow Games retains the right to block these accounts as ‘not permitted’.
Whow Games also retains the right to partially or entirely block or exclude any and all Users from the Games and Services who cancel payments or submit incorrect payment data, deliberately provide incorrect data during registration, express him or herself in an offensive, defamatory, racist, or any other manner of discriminatory action against or about Users, Whow employees or Whow Games itself, be it via the chat, email, social media or in any other way or any other site. This also applies to all other violations of the Terms &Conditions and/or the rules of the games or Conditions of Participation. Any claims against Whow Games to the games themselves, participation, profits, accounts, deposits, successfully conducted payments, and all other claims arising thereof shall expire and be of no legal relevance for the User, should the User be in breach of this clause or any other Terms &Conditions.
1.2.8 After creating an Account, the User may use the respective Game and/or Service by opening the Portal or the corresponding URL, and then logging in.
1.2.9 The use of Games and Services is only authorized via web browser or special tools made available and expressly permitted by Whow Games (ban on unauthorized scripts). This means: The use of programs which cause excessive server load are strictly forbidden. The application of software to systematically or automatically control games or individual game functions such as bots, macros, etc. or to reproduce or evaluate games, game components or content provided on the Portal is prohibited. If User accesses the Games and Services from a social network or download the Games and Services from another platform or applications stores, such as but not limited to Facebook, Apple or Google, User must also comply with its terms of service/use as well as Whow Games´ Terms & Conditions.
1.2.10 The use of programming bugs and/or errors to achieve personal gain is strictly prohibited. Recognized bugs need be reported as quickly as possible in the bug forum, by IRC or by email. Any advantage gained through a bug or technical error is null and void for the user, it is fully upon the discretion of Whow games to decide how to handle any advantage gained, including voiding all plays.
1.2.11 The User is not entitled to open an account or to publish any information whatsoever on the website or Portal.
1.2.12 All respective, current technical and other Game and participation requirements for Services offered are contained on the Portal and/or the respective Game websites.
1.2.13 All Games and Services are updated, adapted, expanded and modified regularly. For this reason, the User is only granted the right to use the current version of the respective Games and Services. Whow Games grants User a personal, non-exclusive, non-transferable, non-sub licensable, revocable, limited scope license to access and use the Games and Services using a Whow Games supported web browser or mobile device. Use of the Games and Services shall be solely for User´s own, private, non-commercial entertainment purposes and for no other purpose whatsoever. Whow Games Terms & Conditions do not grant Users or any other party any right, title or interest in the Games and Services or any content in the Games and Services. User hereby acknowledges that his or her license to use the Games and Services is limited by Whow Games Terms & Conditions, and, if User violate or if, at any point, User do not agree to any of the Terms & Conditions, the license to use the Games and Services shall immediately terminate, and User shall immediately refrain from using the Games and Services. If the Games and Services or any part thereof is determined to be illegal under the laws of the country in which User is situated, User shall not be granted with any license to use the Games and Services and must refrain from using them.
1.2.14 The use of the Games in their respective basic version is free of charge (Free-to-Play-Version). Some features are only available to paying customers (see Section 7 below). Use of the Services is free unless otherwise stipulated in the description of the respective Services.
1.2.15 The User has no right to retain the Games and/or Services of the version current at the time of the conclusion of the agreement. Whow Games reserves the right to cease operation of individual Whow Games Games and/or Services at any time without prior notice or justification. At his or her own discretion, the User may request, in such an event, that fees paid in advance within the scope of continual obligations (e.g. for additional virtual currency, Premium-Features, subscriptions) be credited to his or her account for other Games and/or Services operated by Whow Games. The right does not apply to fees for services, which have been fully rendered within the scope of individual obligations (e.g. individual orders). The User’s right to terminate the agreement with immediate effect due to Games and/or Services which are unable to be used remains unaffected. Further claims made by the User are hereby prohibited unless otherwise expressly described in these Terms & Conditions.
2. Offer and Conclusion of Contract
2.1 By filling in the registration form for the Account, the User enters into a binding agreement (hereinafter referred to as User Application). For this purpose, all of the registration form fields marked as being “required” must be filled in completely and correctly.
2.2 The agreement between Whow Games and the User is considered valid once Whow Games approves the User Application. Confirmation of the User Application can be explicitly communicated or come via the initial fulfilment of action by Whow Games as a result of an action on behalf of Whow Games, in particular via the provision of Games and Services.
2.3 In as much as the establishment of an account is necessary in order to make use of Games or Services, Whow Games shall promptly send a confirmation email acknowledging receipt of the User Application to the email address provided by the User at the time of registration. This acknowledgment of receipt does not represent a binding approval of the User Application. The acceptance of the User Application and the confirmation for accessing Whow Games Games and Services can, however, be sent together with the acknowledgment email.
3.3 Cancellation Form Template
Should you wish to revoke this agreement for any reason, please fill out this form completely and send it to the following address.
Whow Games GmbH
Bleichenbrücke 10 (Kaufmannshaus)
Fax: +49 (0) 40 – 609 4372-90
- I/We (*) hereby revoke the agreement that I/we (*) concluded for the purchase of the following goods (*)/the provision of the following service(s) (*)
- Established on (*)/received on (*)
- The consumer’s name
- The consumer’s address
- The consumer’s signature (only in the case of communications made on paper)
(*) Delete as applicable.
Whow Games guarantees that its Games and Services shall be available 90% (ninety percent) of the time on a yearly average. Excluded from this percentage are time periods in which Whow Games portal servers, individual Games and/or Services are not available online due to technical or other problems which are outside the control of Whow Games, such as force majeure, thirdparty fault, etc. as well as periods in which routine maintenance work is carried out. The liability of Whow Games with regard to inaccessibility of the Games and/or Services by intent and gross negligence remains unaffected. Whow Games can restrict access to its Games and Services if required for network security and preservation of network integrity, especially with regards to the prevention of severe breakdowns or interruptions of the network, software or stored data.
5. Access to these Terms & Conditions, Changes and Further Notifications, Contact by the User
5.1 These Terms & Conditions apply for each login to the Portal, especially when any of the Whow Games Games and/or Services are used. The Terms & Conditions can be printed out or saved on digital media before sending the User Application.
5.2 Whow Games reserves the right to change or amend these Terms & Conditions with regard to future arrangements at any given time, provided this is deemed necessary and if the User is not put at a disadvantage in a breach of good faith. An amendment may prove to be necessary so as to (a) make adjustments to alterations in a given legal situation, for (b) changes in European or supreme court case law, due to (c) technical requirements, as to (d) maintain and ensure operations, to (e) take altering market conditions into consideration, and (f) for the benefit of the User.
5.3 An amendment or supplement to these Terms & Conditions shall be announced no less than sixweeks prior to the entry into force of such an amendment or supplement. This announcement shall be made in written form and in an appropriate manner. In general, information on such an amendment or supplement to the Terms & Conditions shall be sent as a notification per email or placed on the website featuring the Games and Service or right in the Games and Services themselves, but in any case no later than in the form of a presented, highlighted announcement the next time the User logs in to his/her account.
5.4 The User has the right to object to an amendment or supplement to these Terms & Conditions vis-à-vis Whow Games within four weeks after publication/announcement and the reasonable possibility of having noticed it. In the case of an objection made on time, both parties are entitled to terminate the agreement according to the provisions of termination in this agreement. Any and all other cancellation rights remain unaffected. Any payment made for Games and/or Services, in particular Premium Features (7.1.3) that have not yet been claimed or used up to this point and which extend beyond the termination date shall be reimbursed to the User on a pro rata basis. Further claims by the User are considered to be hereby invalid. If the User does not object within the six-week period of objection or if he/she continues to make use of the services thereafter, the change and/or addition is deemed as having been accepted and becomes part of the agreement. The provisions in Section 5.1 apply mutatis mutandis.
5.5 In the course of informing the User about such amendments or supplements, Whow Games shall especially inform the User about the possibility of objecting to the changes and/or cancellation of Services as well as the deadline for doing so and the legal consequences, especially with regards to an objection that has failed to materialize.
5.6 Unless otherwise stipulated in these Terms & Conditions or in other agreements with the User, Whow Games shall generally communicate with the User by email. The User shall ensure that he/she can receive all emails sent by Whow Games to the address he/she submitted to Whow Games at the time of registration and at subsequent times. He/she is responsible for settings and maintenance of the spam filter and for regularly checking all incoming email sent to this address. Whow Games reserves the right to correspond with Users in whichever form of communication the company deems necessary.
5.7 Upon contacting Whow Games, the User shall indicate which Games and/or Services and which Game and/or Service Account his/her correspondence pertains to.
6. Instructions, Rules of the Games, Conditions of Participation
6.2 The User is consciously aware that he/she might play together with numerous other Users and that he/she communicates with different Service Users via the Portal. In order to ensure successful interaction between the Users in the Games, it is imperative that the rules are observed by all Users.
6.3 The User shall, with regards to Section 6.2, also refrain from undertaking any other activity which could interfere with the normal operation of Games and/or Services or disrupt the successful interaction between Users.
7. Playing for Free, Fees, Payment Conditions, Late Payment
7.1 Online Games
7.1.1 The Basic Version (Free-to-Play-Version)
Whow Games provides Users with access to the Games in principle as of the creation of a User Account (see Section 1.2 above). In this case, the User shall initially only be provided with a basic version of the Game. The creation of an Account and the use of the basic version are free of charge. The basic version of the Game can be used indefinitely and without restrictions in the basic Game functions, without prejudice to Whow Games’ right to withdraw the Game. There is never any requirement to make any purchase of any kind to use the Games and Services, because a certain number of virtual game currency will be made available to User to collect through the website or Portal, i.e. Whow Games offers a variety of options for regularly receiving unlimited game currency free of charge (e.g. by frequent log into the Service at recurring time intervals, viewing video ads). Furthermore, the virtual game currency can be won during gameplay, or if User exhaust his or her supply of virtual game currency, User may elect to purchase additional virtual game currency (see 7.1.2) and continue to play the Games through the Service or User may wait until additional free virtual game currency is available to User. Virtual game currency (e.g. „Coins“, „Chips“ „Stars“, „Keys“, „Token“ or other) and other virtual items are licensed to User by Whow Games for use through the Service, subject to the limitations and other terms set out in detail in this Terms & Conditions. However, virtual game currency has no monetary value. User may not sell, trade, transfer, cash out, redeem or in any other way exchange the virtual currency or Premium Features for real money or any real goods.
7.1.2 Additional virtual game currency
As an element of the Games, the User can obtain additional virtual game currency to play the Game. Virtual game currencies may vary from one Game to another. Which or how many virtual game currency is offered, which functions it has and which possibilities of use virtual game currency offers, is described in the portal or the website of the respective game and/or in the game rules or conditions of participation. Same applies for the applicable fees for the licensed virtual game currency, which are displayed in the Game or Service in connection with the respective feature.
All prices for a right of use for additional virtual game currency are gross prices, i.e. including any applicable taxes. The fee for the paid order of additional virtual game currency is due immediately and must be paid in advance. The Games are subject to continuous further development. In the course of the adaptation and further development of the games, Whow Games also reserves the right to no longer offer individual Games, Services and/or respective currencies offered through the Service. 7.1.3 Premium Features
The User has the option of receiving features that are not available in the basic (Free-to-Play) version (hereinafter referred to as “Premium Features”) in return for payment. The Premium Features offered may vary from one Game to another. Information pertaining to the prices of the Premium Features offered, the functions included with these Premium Features and their requirements for use can be obtained from the website of each respective Game. Depending on the Premium Feature and price, a one time payment may have to be made in order to credit an Account with features, virtual currency or items that may be used for certain purposes subject to the respective rules of a Game, or to make payments that are due periodically, such as on a daily, weekly, monthly, quarterly, semiannually or yearly basis.
All prices listed include all possible applicable taxes. All Games are updated regularly. Whow Games therefore reserves the right to offer new Premium Features at any time. In the course of adapting and developing the Games, Whow Games also reserves the right to discontinue individual Premium features and/or to offer them in the basic (Free-to-Play) version (see Section 7.1.1 above).
All Users are excluded from a reimbursement of the fees paid. In the event of a permanent discontinuation of a Whow Games Game, Section 1.2.15 shall apply. If there is a possibility of downloading software to a mobile phone allowing access to individual Games, the rules for additional virtual game currency or rather Premium features shall also apply for the payment of these accrued costs.7.1.4 Subscription/Automatic Renewal
If payments for Premium features are to be made at regular intervals, the User effectively enters into a subscription for these Premium Features that shall automatically be renewed if it is not cancelled in a timely manner by the User before the end of the set time limit as stipulated in Section 8.2 below. The subscription terms are described in the game rules and/or Conditions of Participation for the respective Games.
7.1.3 Payment Conditions and Due Date of Payment
Whow Games is authorized to ask for advance payment for the use of additional virtual game currency (see Section 7.1.2 above) and Premium Features (see Section 7.1.3 above). Such payment shall be due upon conclusion of the agreement and shall be debited from the bank account or charged to the credit card account provided by the User, inasmuch as the User has not opted for another form of payment, for example, payment by text message for Premium Features. The amount to be collected shall be displayed on credit card bills or bank account statements as "WWW.WHOW.COM" or "Whow Games", "Jackpot" or "MyJackpot". The name or title may deviate when making use of alternative payment methods. Any virtual game currency, Premium Features or other (hereinafter jointly also referred to as „Virtual Items“) purchased in Whow Games´ Games on other applications stores or platforms such as but not limited to Facebook, Apple iOS, or Android will be subject to those platforms’ payment terms and conditions. Whow Games does not control how you can pay on those platforms and shall not be liable for processing the payment by such third parties. User shall review those platforms’ terms of service for additional information. User´s order for Virtual Items will represent an offer to Whow Games to obtain a limited license for the relevant service(s) or Virtual Items, which will be accepted by Whow Games when Whow Games makes the Virtual Items available in User´s account to use in Games or Services. Users limited license to Virtual Items for use througt website or Portal is a service provided by Whow Games that starts when Whow Games accepts User payment or redemption of third party virtual currency. When User gets a limited license to use Virtual Items, they will reside in the Account until discharged through use of the Games or Services or otherwise surrendered as a result of termination of the Services in accordance with these Terms & Conditions. When purchasing Virtual Items or other content as may be made available, User agree to pay Whow Games the applicable charges for his or her purchase, including applicable taxes incurred by User or anyone using an Account registered to User, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Virtual Items and/or other content are final. If User Account is charged for items User did not purchased, or User did not received the items he or she purchased, or User were charged an incorrect amount, User may request a refund or correction in accordance to payment provider policy.
7.1.4 Adjustment of Fees
Whow Games reserves the right to reduce or raise prices permanently or for a limited period of time or to offer new products, services or methods of payment at any time, either on a temporary or permanent basis. Until termination of the agreement, the original Terms & Conditions shall remain in effect without prejudice to the rights of the User as per Section 8.2 and Section 8.3.
7.1.5 Adjustments to Charges for Subscriptions
Whow Games is entitled to adjust the fees for the contractually agreed to services for subscriptions as per the following conditions: A price alteration shall be announced to the User at least sixweeks before its entry into force. Notification of the adjustments to the fees for subscriptions is made by email, and also in the User account on the Portal or website of the Games or in the Games by means of a highlighted announcement the next time the user logs in. The User has an extraordinary six-week right to terminate the agreement as of the date of the announcement of the price change. If the User does not exercise this right, the price change is considered as being approved. Price reductions apply in principle as of the announced date for the next invoicing period.
7.2 Late Payment
In case of late payment, Whow Games is authorized to charge interest set to the applicable legal lending rate in the EU. Whow Games is also entitled to discontinue Services and to suspend the User’s Account(s) if payment is overdue. For the period of a suspension, no performance fee is payable for any closed subscriptions.
7.3 Direct Debit Reversals, Cancellation Fees
If Whow Games incurs costs and/or losses or if Whow Games is charged a cancellation fee due to a cancelled direct debit payment as a result of User fault or circumstances leading back to the User (for example, if the User does not have an adequate or sufficient account balance), the User shall bear all cancellation fees generated for Whow Games as a result of these actions. Whow Games is entitled to demand payment of the costs incurred from repeated attempts to debit the charges from the User’s account together with the original fees. The User is entitled to prove that no damage occurred or that a substantially lower level of damage was caused due to late payment.
7.4 No Guarantee of winnings; No material or cash prizes
The Games and Services provided via the Portal or website are intended for entertainment and amusement only. Whow Games does not guarantee winnings in virtual game currency (e.g. „Coins“, „Chips“ „Stars“, „Keys“, „Token“ or other). As alreday outlined above, under no circumstances is it possible to win material or cash prizes. . A claim to the rewarding of virtual game currency or Premium Features (hereinafter jointly also referred to as Rewards) can only be permitted in the course of gaming activity by using virtual game currency as virtual stake and, however, never require a real-money stake. A claim to such Rewards also does not exist, if Whow Games learns that a potential claim may be the result of technical or legal manipulations and/or, in general, the result of any other kind of criminal conduct. By using Whow Games´ Games and Services, Users thereby agree that Whow Games may conduct a thorough investigation at any time pertaining to the legality of the claim forRewards, and while this claim is under investigation, may withhold the Rewardfrom the User without his/her express consent. A claim to a Rewards shall also be forfeited if the User has not complied with the rules of the Game.
7.5 No Set-off; No Right of Retention; No Cession
The User may only set off a claim by Whow Games for outstanding accounts if his/her counterclaims cannot be disputed or have been declared legally binding. The User can only withhold payment if his/her counterclaim is related to the same Terms & Conditions. The right of the User to assign his/her claims to a Third Party is invalid.
Unless otherwise stipulated in the Service description, Services can be used free of charge. Furthermore, Sections 7.1 through 7.6 apply to fee-based Services.
8. Term, Cancellation
All agreements entered into between the User and Whow Games are for an indeterminate period of time unless a limited period of time has been expressly specified in the Terms & Conditions.
8.2 Orderly Cancellation
Subject to the condition that the period of termination is respected, each party is legally entitled to terminate the contractual agreement without provision of any reasons, provided that the following is fulfilled:
8.2.1 If no limited period of time has been agreed upon for an agreement, both parties may terminate the contractual agreement in a due and orderly manner with immediate effect.
8.2.2 If an agreement (e.g. gaming or service usage agreement) for using the Games and Services and/or Premium features has been agreed upon for a set period of time (see Sections 7.1.2 and 7.1.3), said agreement shall be automatically renewed for the same period after the original agreement expires, until the User cancels the agreement by the end of the respective contractual period.
8.3 Just grounds for cancellation
8.3.1 The parties may also terminate the contractual agreement for important reasons at any time without prejudice to the above regulations.
8.3.2 In the event that Whow Games is responsible for a premature termination of the contractual agreement for important reasons, the User shall receive a pro rata refund for any payments made by them, if applicable, (especially for Premium Features) which apply to the period after the termination becomes effective. All other claims of the User are considered invalid unless otherwise specified in these Terms & Conditions.
Whow Games has the right to terminate the contractual agreement especially for, but not limited to, the following reasons:
a. The User culpably violates the law, these Terms & Conditions, the rules of the game(s) and/or the Conditions of Participation, and – despite having been warned accordingly – repeatedly fails to behave in a proper manner according to the rules and regulations.
b. The User defaults on the payment of the fees amounting to at least 10.00 EUR and does not pay them despite having been reminded of due fees twice.
c. Third Parties (i.e. social network operators), whose login functions are used by the User to gain access to his/her account with the provider, then request the User to delete User data and/or take comparable measures; if an alternative form of access would be unreasonable for the provider.
d. Third Parties (i.e. operators or social networks), whose login functions are used by the User to gain access to his/her account with the provider, then limit the access of the provider to the User data, as long as an alternative form of access would be unreasonable for the provider.
8.3.3 In the event of serious violations, an immediate cancellation is permitted without the need for any prior warning. A serious violation is an infringement making it impossible for Whow Games to continue upholding the agreement, thus making it null and void. This is usually the case
a. if the User violates penal laws.
b. if the User improperly uses the account, games or service.
c. if the User provides incorrect information when registering or paying for services that must be paid for.
8.3.4 In cases of justified cancellations by Whow Games based on just grounds, Whow Games is entitled to demand an amount equal to 50% of the total fees the User would have had to pay in the case of a simultaneous cancellation within the contractual period (for services not yet provided by the provider, in particular for already ordered virtual currencies or Premium Features). The User’s right to prove that no damage or a significantly lower level of damage has occurred remains unaffected. Should the User have already received the service to be rendered by Whow Games, he/she no longer has any right to a refund. Most particularly, there shall be no refund for any virtual currency or Premium Features that the User has ordered and already received from Whow Games.
8.3.5 Should Whow Games be responsible for the extraordinary cancellation and the User’s player account still feature virtual currency for Games or Services, Whow Games shall accredit the virtual currency to one of the User’s requested Games or Services provided by Whow Games. A repayment in material goods or cash form is excluded, unless otherwise explicitly determined by these Terms and Conditions.
8.3.6 Whow Games has a special right to cancel the User’s registration for Games or Services in the event that Whow Games should lose the right to operate these Games or Services, e.g. for regulatory reasons or due to a termination of the relevant license agreement between Whow Games and the respective licensor. In this case, Whow Games may conduct an extraordinary termination of all agreements relating to the operation and use of the Game or Service (for example, the License Agreement, Agreement on the Provision and Use of virtual Currency or Premium Features, etc.) at the time game-play is established. The provision in Section 8.3.5 shall then apply. Any other termination rights remain unaffected.
8.3.7 Virtual Items, regardless whether acquired througt the Games or Services against payment or granted free of charge are generally excluded from any form of reimbursement.
In the event of the permanent discontinuation of a Whow Games´ Game, 1.2.15 shall apply.
8.4 Termination in Written Form
Any and all terminations shall be in writing. Text form (e.g. fax, email) is sufficient to become effective.
9. Responsibilities and Other Obligations of the User; Liability for Information Uploaded by the User; Copyright
9.1 User Responsibilities
It shall be the primary responsibility of the User to pay any and all applicable fees, unless he/she uses the basic version of the Games and/or Services (see Paragraph 7 above). Furthermore, the User shall comply with all applicable game rules and provide accurate and complete information to Whow Games upon entering into this agreement and through the duration thereof. Therefore, the User declares that all information relating to his/her person or other facts relevant to the agreement (especially bank or credit card details) and which he/she provides on the User application or during the course of the contractual agreement are complete and correct to the best of his/her knowledge. The User is obligated to inform Whow Games about any changes to this information without undue delay. The User is obliged to follow the game rules. In the case of repeated violation of the rules despite warnings to this effect, or in the case of a severe breach of the rules (see Section 8.3), Whow Games reserves the right to suspend all services immediately and without warning, and to cancel the agreement.
9.2 Installation of Software
Whow Games is not liable for damages or a loss of data on the User’s computer which may be caused by the installation of software that does not originate from Whow Games.
9.3 Further Obligations of the User
9.3.1 Whow Games provides the available Games and Services online for use with a web browser. Whow Games neither provides nor installs any of the software required by the User on their local computer especially, but not limited to, the operating system, web browser(s) or plugins such as Flash or Java, if applicable. Whow Games also does not provide any support services for such software installations. It is solely the User’s responsibility to maintain the computer in a state which enables the use of Whow Games Games or Services. Therefore, Whow Games does not provide any kind of technical support for the installation of locally required software.
9.3.2 The User is obligated to treat all data provided by Whow Games for the purpose of accessing the Games and Services (login, passwords etc.) in a strictly confidential manner. The User shall inform Whow Games without delay if he or she learns or suspects that an unauthorized Third Party has gained possession of said access data. Whow Games advises the User to do this in written form, e.g. via email. In the event that a Third Party gains access to Whow Games’ Games or Services with the User’s access data because the User neglected to sufficiently protect the account from unauthorized access, the User must, due to the danger of an uncertainty caused by him/her regarding who misused the account or was responsible for a contractual or legal infringement of said account, assume the responsibility for said actions as if he/she had performed these actions himself/herself. Whow Games is entitled to evaluate all entries into an account with the User's data as the entry of the User into the account. Whow Games advises that passwords should be regularly changed for security reasons. The User is solely responsible for the access to and use of his/her Account.
9.3.3 In the event that Whow Games has a justifiable reason to believe that an unauthorized Third Party is wrongly in possession of access data, Whow Games may, but is not required to, at its own discretion, change the account access data without prior notice or suspend the respective Account. Whow Games shall promptly inform the rightful User and shall, upon request, communicate the new access data to him or her without undue delay. The User has no right to demand that the original access data be restored.
9.3.4 The User is not entitled to sell his or her account to a Third Party or in another way, shape or manner lend to transfer it.
9.3.5 Whow Games protects its systems against viruses. Even so, virus infections can never be completely ruled out. In addition, it is possible that unauthorized Third Parties may send emails using the name of Whow Games without Whow Games' consent, and that such emails may contain viruses, spyware or links to web content which, in turn, may contain viruses or spyware. Whow Games has no influence over such occurrences. The User agrees to check all incoming mail sent or supposedly sent by or in the name of Whow Games for potential viruses. The same applies to mails from other Users of the Games or Services.
9.3.6 The User agrees to abide by the instructions of Whow Games, its employees, assignees, and vicarious agents, especially including but not limited to administrators and moderators of forums for a specific game and/or service.
9.3.7 The User agrees that he or she shall not, under any circumstances, use the Account, login name or password of another User.
9.4 User’s Obligations Regarding Information for uploading information.
9.4.1 The User shall exercise due care in the selection of the information that he or she makes available to other Users by uploading it to the Portal.
9.4.2 The User shall not use the Service(s) to distribute content including, but not limited to, pictures, videos, links, names, words which contain political, religious, insulting, offensive, violent, sexist, pornographic or other objectionable matter, especially including racist, right extremist or left extremist content, persons or depictions. In addition, the User agrees not to use any copyrighted or otherwise legally protected terms, names, pictures, videos, music, games, or other material. In case of doubt, the User shall promptly remove any content contested by Whow Games. Whow Games is also entitled to remove questionable content of this nature on its own. The User shall always respect any applicable laws and regulations, especially with regard to youth protection, data privacy, protection of personal rights, protection against slander and defamation, copyright laws, and trademarks.
9.4.3 The User may not misuse the Service(s) for illegal or unauthorized purposes. It is strictly prohibited to use the account names or email addresses of other Users without their express prior consent for the purpose of sending unsolicited emails, promotional messages or for any other commercial purposes.
9.4.4 Whow Games is entitled to delete any content submitted by the User in culpable violation of the above-mentioned rules and regulations.
9.4.5 Whow Games is especially entitled to delete any information in whole or in part which has been submitted by the User and which gives firm reasons to indicate a breach of these Terms & Conditions, or if the instructions and rules of the respective Service(s) are otherwise in violation of applicable law. This, for example, includes but is not limited to:
a. information which is obviously offensive, racist, fanatical, or glorifies violence.
b. information which is of a molesting, insulting, threatening, obscene, defaming nature or is libelous to other persons.
c. information which is sexist, pornographic or otherwise harmful to underage persons, or which contains links to websites unsuitable for underage persons.
d. information which is false or misleading and/or which is intended to promote illegal activities.
e. illegal or unauthorized copies or distributions of a work protected by copyright, for example, by providing illegal computer programs or links to illegal computer programs, information on how to bypass copy protection measures, illegal copies of music, links to illegal copies of music or other copyright infringements.
f. the sending of junk mails, chain mails and/or unsolicited mass mails, instant messages, spimming and spamming.
g. limited-access pages or pictures which are hidden or password-protected; promoting or endorsing criminal activities or providing instructions for committing criminal activities, including but not limited to information on the production or purchase of arms, child pornography, fraud, drug trafficking, gambling, stalking, spamming, spimming, distribution of computer viruses and other harmful files, copyright infringement, patent infringement and/or theft of trade secrets.
h. soliciting other Users to disclose personal information for commercial or illegal purposes, or inducing them to disclose login data.
i. promoting commercial or sales activities, such as contests, raffles, swapping offers, classified ads and/or pyramid schemes.
j. providing picture(s) of another person without that person’s express consent.
9.4.6 The User is not entitled to demand that such deleted information be restored. Furthermore, Whow Games is also entitled to exclude the offending User from continued use of the respective Service(s) and, in case of repeated infringements of the aforementioned prohibitions despite written notice, to terminate the User’s Account without prior warning. Whow Games reserves the right to make any further necessary and additional claims, particularly the entitlement to damages.
9.4.7 The User shall inform Whow Games in case he/she becomes aware of an abuse of the Service(s) by other Users or Third Parties, such as making accessible or sending information that violates this Section 9.4. To ensure that effective measures can be taken, Whow Games requests that such information be provided in writing (e.g. email).
9.5 User’s Liability Regarding Uploaded Information
9.5.1 The User is solely responsible for any texts, files, pictures, photographs, videos, sounds, music, copyrighted or other material, information, etc. (hereinafter “Uploaded Information”) which they upload to the Portal or share with other Users. Whow Games neither condones nor approves of such information.
9.5.2 Whow Games does not have control over the Uploaded Information on the Portal. Whow Games does not evaluate the Uploaded Information before it is made public. If Whow Games learns that specific Uploaded Information is illegal, it shall be deleted promptly.
9.5.3 Whow Games disclaims any liability or warranty with respect to the Uploaded Information, especially regarding accuracy, completeness, and reliability.
9.6.1 The User maintains all rights to the Uploaded Information. By submitting information to the Portal, the Games or Service(s), the User grants Whow Games a non-exclusive, revocable license, free of charge, to publicly offer, display, reproduce, and distribute such information.
9.6.2 The User does not grant Whow Games any further rights to the uploaded information. Whow Games is not authorized to use or distribute uploaded information outside of the Portal, Games or Service(s).
9.6.3 By submitting his/her information, the User acknowledges and accepts that the information uploaded to the Portal can be accessed globally through the Internet. With the uploading of such information, the User agrees to these conditions.
9.6.4 The aforementioned license ends at that time when the uploaded content has been deleted from the Portal and the Services by the User.
10. Claims Based on Defects
10.1 Whow Games grants the User access to the Games and Services in their current version only (Section 1.2). The User has no right to demand the maintenance or restoring of a particular version or range of functions of the Games and Services. The User acknowledges and agrees that the Games and Services provided by Whow Games, as with any other software, can never be completely free of errors. Therefore, the Games and Services can only be considered to be defective if their playability or usability is affected severely and over a sustained period of time. Any faults in the Games and Services and/or other deliveries of Whow Games need to be documented by the User in writing along with a protocol of the error messages displayed for the purpose of securing evidence in a suitable form (i.e. in text form via email or via the respective contact form) and then sent to Whow Games. Before reporting a potential bug, the User shall consult the instructions for the Games and Services and any other troubleshooting tools provided by Whow Games (especially frequently asked question lists and boards for troubleshooting). The User shall use his/her best efforts to support Whow Games in any attempts to debug the Game or Service in question.
10.2 The User shall notify Whow Games in writing of the faults discovered and documented in accordance with Section 10.1 within 14 days upon discovering them or provide Whow Games of notification of defects.
10.3 Whow Games is not liable for defects caused by external influences, faulty handling by the User, force majeure or changes or manipulations which are not performed by Whow Games.
10.4 Whow Games does not assume any guarantees or warranties.
11. Liability and Limitation of Liability
11.2 Provided that Whow Games offers its services free of charge, Whow Games shall only be liable for intentionally caused damage or damage caused by gross negligence. This, however, does not apply to liability regarding loss of life, bodily injury or damage to health, or the assumption of a guarantee offered by Whow Games.
11.3 Insofar as Whow Games demands payment for its Services, Whow Games shall assume liability for damage caused by intent and gross negligence without limitation. In the event of simple negligence, Whow Games shall only be liable for breaches to substantial agreement stipulations or breaches of a guarantee. Substantial contractual stipulations include those that enable the agreement to be properly executed and on which fulfillment the User may rely. The above limitations of liability do not apply to liability regarding loss of life, bodily injury or damage to health, or the assumption of a guarantee offered by Whow Games. Whow Games' liability regarding the Product Liability Act or within the scope of § 44a of the German Telecommunications Act remains unaffected.
11.4 The obligation to pay damages or compensation is limited to a slightly negligent breach of material contractual obligations for the foreseeable and contractually typical damage or loss at the time the agreement is concluded.
11.5 The above exclusions or restrictions shall also apply with regard to the liability of staff, employees, representatives and/or agents of Whow Games, especially for the benefit of shareholders, employees, representatives, company bodies, and their members with regard to their personal liability.
11.6 Whow Games is liable for consultation only, as far as the question has concerned the contents of the offer.
11.7 Whow Games expressly distances itself from the content of all pages to which direct or indirect reference (also known as "links") is made from within the Services offered by Whow Games. Whow Games is in no way whatsoever liable for such content or pages. The providers of the respective sites are responsible for their content.
12. Online Dispute Resolution
13.2. The Whow Games email address is provided in the company’s IMPRINT section. We are neither obligated nor willing to participate in the dispute resolution process.
13. Final Clauses
13.1 Users are not entitled to transfer their rights under this contractual relationship to Third Parties. Anything else can only apply if Whow Games gives its prior expressed written consent in text form. Whow Games is entitled to transfer the rights and obligations resulting from this contractual relationship to a Third Party. The User shall be informed of any such transfer at least sixweeks in advance per announcement at the Portal and/or email notification. The User has the option to withdraw from use of the Games and/or Services without having to uphold any deadlines.
13.2 For any agreements concluded on the basis of these Terms & Conditions, and thus for any related claims, the law practiced by the Federal Republic of Germany shall exclusively apply to the exclusion of the UN Sales Convention. Should the user have concluded this agreement as a consumer, then the mandatory consumer protection provisions applicable in the Federal State in which the user maintains his/her habitual residency shall apply, provided they actually provide a higher or further level of protection.
13.3 Should individual provisions and/or conditions of these Terms & Conditions be or become ineffective, this shall not affect the validity of the remaining provisions and/or conditions.
Hamburg, September 20th, 2020
WHOW Games GmbH
Tel.: \t+49 (0) 40 – 609 4372-80
Fax: \t+49 (0) 40 – 609 4372-90
Commercial registry: District Court of Hamburg, HRB 126 959
VAT No.: DE 2940 3134 6
Managing directors: Heiko Hubertz, Philip Reisberger