Terms of Use

Terms of Use

Date of entry into force: 14.09.2023

This Terms of Use is an automatic translation of the German version. The translation was made with DeepL.com

Welcome to

These Terms of Use apply to you and Dynamic Game Works with respect to your use of Dynamic Game Works’ games, websites, discussion forums and related services. Your use of the Services is also subject to Dynamic Game Works’ Privacy Policy.

As a condition of using the Services, you must agree to these Terms of Use. By accepting these Terms of Use, you represent that you are the age of majority in the country in which you reside. If you are not of legal age or otherwise not authorized to enter into agreements such as these Terms of Use, you represent that your legal guardian or a holder of parental responsibility has reviewed and agreed to these Terms of Use.

By using or otherwise accessing the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use or otherwise access the Services.

Unless otherwise stated, you do not have to pay any money to use or download the Services; however, the Services may include features that allow you to make purchases within the Services. You may need an internet connection to access or use the Services. You are responsible for any Internet connection or mobile phone charges that you may incur by accessing or using the Services.

Dynamic Game Works may issue additional terms and conditions or policies relating to individual Services or specific components of the Services. Your right to use the Services is subject to such relevant terms and policies and these Terms of Use.

 

1. right to use the services

Subject to these Terms of Use, Dynamic Game Works hereby grants you a non-transferable, non-sublicensable, limited right and license to use the Services for your use. The rights granted to you are subject to your compliance with these Terms of Use.

Except as set forth above, you are not granted any other license. All rights, title and interest in and to the Services are reserved by Dynamic Game Works, including, without limitation, all copyrights, trademarks, trade secrets, trade names, proprietary rights, titles, machine codes, audiovisual effects, themes, characters, character names, stories, dialog, backgrounds, artwork, sound effects, musical works, gameplay recordings made while using the Services, and moral rights. This also applies to their respective use. Except as expressly authorized by applicable law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without the prior written consent of Dynamic Game Works. Dynamic Game Works reserves all rights not expressly granted to you in these Terms of Use.

The Services and their content are licensed, not sold. You agree that you have no right or title to any Content appearing on the Services, including, without limitation, any Virtual Items appearing on or originating from the Services, whether earned on the Services or purchased from Dynamic Game Works or its authorized partners.

2. purchases in the services

Dynamic Game Works may license to you certain virtual goods or other content (e.g., game items or in-game currency) that can be used within the Services and that you can purchase with “real world” money or earn or redeem through gameplay (“Virtual Items“). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis for non-commercial purposes only.

Except as expressly authorized in the Services, you may only purchase Virtual Items from Dynamic Game Works or an authorized partner. The transfer or sale of Virtual Items is prohibited and not permitted.

Virtual items have no equivalent value in real money and are not a substitute for real money. Neither Dynamic Game Works nor any other person or entity is under any obligation to exchange Virtual Items for anything of value. Dynamic Game Works is not liable for hacker attacks or the loss of your virtual items.

Price and availability of virtual items are subject to change without notice.

All purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and agree that Virtual Items will be made available to you immediately upon purchase and that you forfeit any right to cancel or rescind the purchase once the process has begun. Accordingly, you agree that Dynamic Game Works is under no obligation to provide a refund for Virtual Items for any reason whatsoever. You further acknowledge that you will not receive any money or other compensation for any unused Virtual Items, regardless of whether the loss of your license under these Terms of Use was voluntary or involuntary. The foregoing does not affect your rights under applicable law, including any rights you may have under the statutory warranty of conformity described in the “Disclaimer” section.

If you request the deletion of your personal data as described in Dynamic Game Works’ Privacy Policy, you will permanently lose all your Virtual Items without the right to a refund, as Dynamic Game Works will no longer be able to associate these Virtual Items with you.

3. right of withdrawal

If you are a consumer based in the European Union or a member state of the European Economic Area (“EEA”), this section applies to you.

You may have the right to withdraw from these Terms of Use within 14 days of the date on which you agreed to them. You may also have the right to cancel a license for a virtual item or service within 14 days of purchasing it. You do not have to give any reasons for exercising your right of withdrawal. However, you are not entitled to cancel a purchase if you have agreed that the virtual item or service will be made available to you in full during the cancellation period and you have acknowledged that you have thereby forfeited your right to cancel.

To revoke these Terms of Use, you must notify Dynamic Game Works of your decision to revoke and discontinue your use of the Services. To revoke the purchase of a license for a Virtual Item or Service, you must notify the registered retailer, either Dynamic Game Works or its authorized partner, through whom you made the purchase. Please note that Dynamic Game Works is neither able nor obligated to honor your request to cancel a purchase where Dynamic Game Works is not the merchant of record.

To inform Dynamic Game Works of your withdrawal, you must send a clear statement of your decision by email to support@DynamicGameWorks.com or via the contact form. To meet the deadline, it is sufficient for you to send the notification of your decision to exercise your right of withdrawal before the withdrawal period has expired.

If you cancel the purchase of a license for a Virtual Item or Service, you will be entitled to a refund of the purchase price without undue delay and in no event later than 14 days from the date on which you notify the Registered Merchant of your decision to cancel the purchase. The refund will be made using the same means of payment that you used for the initial payment, unless you have agreed otherwise. You will not incur any costs as a result of such a refund.

4. rules of conduct

You agree that you will not under any circumstances:

  • directly or indirectly use cheats, exploits, automation software, bots, hacks, mods or other unauthorized third-party software designed to interfere with or modify the Services;
  • violate any applicable laws or regulations by using the Services;
  • use the services for commercial purposes, in particular for advertising, solicitation or transmission of commercial advertising such as spam e-mails, chain letters, pyramid schemes or other schemes promising quick riches;
  • use the Services for fraudulent or abusive purposes, in particular to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity or the Services;
  • interrupt, interfere with or otherwise adversely affect the normal operation of the Services, or otherwise behave in a manner that may negatively impact the experience of other users when using the Services;
  • Interfere with, overburden, or assist or support any computer or server used to provide or support the Services;
  • attempt to gain unauthorized access to the Services by any means other than through the user interface provided by Dynamic Game Works, including, without limitation, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify any security measures, technologies, devices, encryption or software that are part of the Services;
  • Post information, content or other material (or links to information or content) that contains nudity or excessive violence or is abusive, threatening, obscene, defamatory, libelous, racially, sexually or religiously offensive or otherwise objectionable;
  • exhibit persistently toxic behavior, such as repeatedly posting information without being prompted to do so;
  • attempt to harass, abuse or harm another person or group (including Dynamic Game Works employees, directors, officers and customer service representatives), or advocate or incite the harassment, abuse or harm of another person or group;
  • make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, privacy right, right of privacy or other right of any person or entity, or that impersonates any other person (including, without limitation, an employee, director or officer of Dynamic Game Works);
  • attempt to decompile, reverse engineer, disassemble or hack the Services, or to defeat any encryption technology or security measures or data transmitted, processed or stored by Dynamic Game Works, or to obtain information from the Services by any method not expressly authorized by Dynamic Game Works, except as expressly permitted by applicable law;
  • Request or attempt to request login credentials or other credentials or personal information from other users of the Services;
  • collect, read or record information about other users of the Services, in particular through the use of pixel tags, cookies, GIFs or similar elements, sometimes referred to as spyware;
  • post private information, including personally identifiable information or personal data (whether in text, image or video form), identification documents or financial information on the Services; or
  • Take any action that Dynamic Game Works believes is inconsistent with the idea or intent of the Services or misuse Dynamic Game Works’ support services.

 

5. user contributions

The Services may allow you to create content, in particular screenshots of your gameplay (collectively, “User Contributions“).

In consideration for your use of the Services, you hereby grant Dynamic Game Works a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sublicensable worldwide right and license to use your User Submissions in any manner and for any purpose, including, without limitation, the right to reproduce your User Submissions, copy, adapt, modify, perform, display, publish, broadcast, transmit or otherwise communicate to the public, by any means now or hereafter devised, and distribute your User Submissions without further notice or compensation to you. Except as expressly prohibited by applicable law, you hereby waive all moral rights, publicity rights, rights of attribution or rights of attribution with respect to the use and enjoyment of your User Submissions by Dynamic Game Works (including its licensees, successors and assigns) or by other players in connection with the Services and related goods and services. The foregoing license grant to Dynamic Game Works and waiver of all applicable moral rights shall survive any termination of these Terms of Use.

Dynamic Game Works and its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g., game or other product ideas, stories, scripts, artwork, musical or audiovisual works, concepts or other creative materials) in any format and by any means of transmission (“Unsolicited Content“). Please do not send any Unsolicited Content to Dynamic Game Works or its directors, officers or employees. However, if you do submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, notwithstanding anything to the contrary in the Unsolicited Content, in any accompanying message or elsewhere. You further agree that such Unsolicited Content may be used and exploited by Dynamic Game Works without compensation to you or any third party, and you grant Dynamic Game Works a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, sublicensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, modify, display and perform Unsolicited Content in any and all present or future media for any purpose, and to prepare derivative works based on the Unsolicited Content.

6. user interactions

Dynamic Game Works assumes no responsibility for the conduct of other users of the Services or for monitoring the Services for inappropriate content or conduct. Dynamic Game Works cannot and does not pre-screen or monitor all content or behavior of users. Your use of the Services is at your own risk.

By using the Services, you may be exposed to content or behavior that you consider offensive or indecent, or otherwise inconsistent with your values. Dynamic Game Works may use technology to monitor and/or record your interactions with the Services or your communications within the Services. You irrevocably consent to such monitoring and recording and agree that you have no expectation of privacy in the transmission of content within the Services. You acknowledge that your User Contributions, your communications within the Services and/or your interactions with the Services may be displayed to or viewed by other users of the Services or the public.

Dynamic Game Works reserves the right, at any time and in its sole discretion, to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any Content provided by users of the Service, for any reason or no reason, without notice. If at any time Dynamic Game Works chooses, in its sole discretion, to monitor the Services, Dynamic Game Works nonetheless assumes no responsibility for Content provided by users of the Services, and Dynamic Game Works assumes no obligation to modify or remove any inappropriate Content.

You acknowledge that Dynamic Game Works is not a party to any dispute you may have with one or more other users of the Services. Dynamic Game Works is under no obligation to become involved in any such dispute. You release Dynamic Game Works from all claims, demands and damages related to such disputes.

7. blocking or termination after a violation on your part

If Dynamic Game Works believes that you are in violation of these Terms of Use, Dynamic Game Works reserves the right to take any of the following actions, either individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your account or any part of your account; (ii) restrict, suspend and/or terminate your access to the Services; (iii) modify and/or remove your Virtual Items; (iv) reset and/or modify any game progress or benefits and privileges associated with you, such as any levels or points you have achieved in the Services. such as any levels or points you have achieved in the Services.

8. availability, compatibility and changes to the services

Dynamic Game Works does not guarantee that the Services will be available at all times or will continue to be available in the future. The Services may be temporarily unavailable due to technical problems or maintenance, which may occur on a scheduled or unscheduled basis. In addition, the Services or parts thereof may be designed to be available for a limited time only (for example, if content is seasonal or early access is granted to a development version of a game), or their life cycle may be affected by technological developments or changes in consumer behavior. Accordingly, Dynamic Game Works reserves the right to discontinue offering and/or supporting the Services or any part thereof (e.g. a game or game feature) at any time. At such time, your license to use the Services or such portions thereof will automatically terminate. In such event, Dynamic Game Works will not be obligated to provide refunds for the Services or for Virtual Items, unless otherwise required by applicable law. Where appropriate, Dynamic Game Works will take reasonable steps to notify you in advance if a Service or any part thereof is to be discontinued. However, Dynamic Game Works may restrict, suspend or terminate the Services or any part thereof without notice and take technical and legal action to prevent you from accessing the Services if Dynamic Game Works believes that you or other users are creating a risk of legal liability or infringement of third party intellectual property rights or are not acting in accordance with the letter or spirit of these Terms of Use.

The Services may have limited compatibility with different devices and operating systems. It is your responsibility to check whether the services are compatible with your device and its operating system. As a rule, you will receive further information on the compatibility requirements when using the service for the first time or when downloading it (e.g. in the respective app store).

The Services are intended to evolve over time. Accordingly, Dynamic Game Works may change, administer, modify or update the Services or portions thereof (including, without limitation, virtual items) from time to time. This may result in the addition, removal or modification of content or features (for example, game modes or areas may be added or removed, or the appearance or performance of Virtual Items may be changed). Dynamic Game Works may, in its sole discretion, make any changes it deems necessary to maintain and improve the Services, including but not limited to introducing, modifying or removing game content and features in accordance with Dynamic Game Works’ development plan, adapting to new technologies, reflecting changes to Dynamic Game Works’ agreements with third parties, preventing abuse or technical problems, and complying with legal, security or regulatory requirements. If changes are made to the Services, you may need to download and install an update to continue using them. If you do not do this, you may not be able to access or use the Services or parts of them (for example, online games and features may only be available to those using the latest version of a game).

9. disclaimer

To the maximum extent permitted by applicable law, the Services are provided to you “as is” without warranty, representation or guarantee of any kind. The Services may have defects, and your use of the Services is solely at your risk. Dynamic Game Works makes no express, implied or statutory warranties of any kind, including implied warranties of merchantability, uninterrupted use, accuracy of data (particularly with respect to location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement and any warranties arising out of course of dealing, usage or trade practice, and hereby disclaims the same. Dynamic Game Works makes no warranty that your use of the Services will be uninterrupted, that the Services will meet your requirements, that the operation of the Services will be uninterrupted or error-free, that the Services will operate or be compatible with other services, or that defects in the Services will be corrected. No oral or written advice given by Dynamic Game Works, its employees or other representatives shall create any warranty.

Some jurisdictions do not allow disclaimers like the ones above, so the above terms may not apply to you. Instead, the foregoing disclaimers will apply in such jurisdictions only to the extent permitted by the laws of such jurisdictions. In addition, you may have additional statutory rights in your jurisdiction, and nothing in these Terms of Use shall infringe any statutory rights you may have as a consumer of the Services. If you are a consumer resident in the EEA, you are provided with a statutory warranty of conformity under which Dynamic Game Works may be liable for any lack of conformity that you discover (i) within two years of a one-off provision of the Services (e.g. the provision of a Virtual Item) or (ii) at any time during a continuous provision of the Services.

10. limitations of liability

In no event shall Dynamic Game Works be liable for any special, incidental or consequential damages arising out of access to, use of or inability to use the Services, including, without limitation, damages for loss of property, goodwill, equipment failure or malfunction and, to the extent permitted by law, damages for personal injury, property damage, lost profits or punitive damages, arising out of or relating to these Terms of Use or the Services, whether in tort (including negligence), contract, strict liability or otherwise, and whether or not Dynamic Game Works has been advised of the possibility of such damages. In no event shall Dynamic Game Works’ total liability arising out of or in connection with these Terms of Use, the Privacy Policy or the Services exceed the greater of the following amounts: (i) the actual price (if any) paid by you for the license to use any Virtual Items or Services; or (ii) one hundred euros (€100). The exclusions and limitations of damages are fundamental elements of the agreement between Dynamic Game Works and you. For purposes of this “Limitations of Liability” section, Dynamic Game Works’ licensors and other partners are third-party beneficiaries of the limitations of liability set forth herein and may enforce these Terms of Use against you.

Some jurisdictions do not allow certain limitations of liability like those in this section, so the above terms may not apply to you. Instead, the limitations of liability in this section will apply in such jurisdictions only to the extent permitted by the laws of those jurisdictions. In addition, you may have additional legal rights in your jurisdiction, and nothing in these Terms of Use will violate any legal rights you may have as a consumer of the Services.

You agree to indemnify and hold Dynamic Game Works (and its officers, directors, agents and employees) harmless from any claim, demand, damage or other loss, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services or your violation of these Terms of Use, except to the extent that the third party claim is not the result of your willful misconduct or negligence.

11 Copyright and the Digital Millennium Copyright Act (DMCA)

If you believe that the Services or any of its content infringes your copyrights, please send an e-mail to: support@DynamicGameWorks.com . Notices sent to the address provided will reach Dynamic Game Works’ registered DMCA Agent.

Please include all of the following information with your DMCA notice:

  • Identify the copyrighted work that you believe has been infringed. If your DMCA notice concerns multiple works, you may provide a representative list of those works.
  • Identify the material that you claim is infringing, including a description of where the material is located. Your description must be sufficient to enable Dynamic Game Works to locate the material.
  • Enter your full legal name, your postal address, your telephone number and (if available) your e-mail address.

Include the following statement in the text of the DMCA notice:

“I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.” (“I have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law. I certify that the information in this DMCA notice is accurate and that I am the copyright owner or authorized to act on the copyright owner’s behalf under penalty of perjury.”)

Please note that under United States federal law (17 U.S.C. 512(f)), you may be held liable for damages, including costs and attorneys’ fees, incurred by Dynamic Game Works or its users if you knowingly misrepresent that material or activity constitutes copyright infringement. If you are unsure whether the material or activity you are reporting constitutes copyright infringement, you should consult an attorney before submitting a notification to Dynamic Game Works.

12. third-party products and services

The Services may link to or otherwise make available third party products or services, including but not limited to third party advertising, links to social media or community services, or game recording or sharing services. Such products and services are subject to the terms and conditions of the relevant third party. Please read these Third Party Terms carefully, as they constitute an agreement between you and the relevant third party to which Dynamic Game Works is not a party. You understand that Dynamic Game Works does not endorse or make any promises about the content, goods or services offered by such third parties. Dynamic Game Works will not be liable to you for any loss or damage caused by such third parties or for any costs incurred by you in connection with such third parties. You understand that when you provide data to such third parties, you provide it in accordance with their privacy policies (if any) and you understand that Dynamic Game Works’ privacy policy does not apply to such data.

13. changes to these terms of use

Dynamic Game Works may update these Terms of Use from time to time in response to changing legal, technical or business developments. When Dynamic Game Works updates these Terms of Use, Dynamic Game Works will take appropriate steps to notify you through the Services or otherwise, depending on the significance of the changes made.

By continuing to access or use the Services after the updates become effective, you agree to be bound by the updated Terms of Use.

14. general

Overall agreement

These Terms of Use constitute the entire agreement between you and Dynamic Game Works with respect to the Services and supersede all prior agreements and understandings between you and Dynamic Game Works.

Assignment

Dynamic Game Works may assign these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent, provided that such assignment shall not limit your rights under these Terms of Use. You may not assign or delegate any rights or obligations under these Terms of Use without Dynamic Game Works’ prior written consent, and any unauthorized assignment and delegation by you is void.

Severability clause

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these Terms of Use will remain in full force and effect. The failure of Dynamic Game Works to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

No renunciation

The failure of Dynamic Game Works to exercise or enforce any of its rights under these Terms of Use shall not constitute a waiver of that right. Any waiver of such rights shall be effective only if in writing and signed by an authorized representative of Dynamic Game Works.

Contact information

If you have any questions about these Terms of Use, please contact support@DynamicGameWorks.com.