This is a translation of the original document. The original document in German language is valid. We assume no liability for errors in the translation. See the orignal document in German (Allgemeine Geschäftsbedingungen)
Terms and Conditions (T&C)
Status: August 13th, 2022
1 Scope and subject of the contract
1.1 These terms and conditions regulate the contractual relationship between users and customers (hereinafter: "User") on the Internet pages as well as mobile online games and other services (hereinafter: "Services") provided by Groth & Miersch GbR, Robert-Bosch-Straße 12, 64293 Darmstadt, email: support@clickfight.net (hereinafter: "Provider"), in particular in connection with the browser game Clickfight, available at the URL: www.clickfight.net. Any regulations and conditions of the user that contradict these terms and conditions require the express consent of the provider in text form in order to be included.
1.2 The services of the provider are offered exclusively for private, non-commercial purposes. By registering, the user undertakes to use the service only for private purposes.
1.3 Persons under the age of 16 are excluded from the use of the paid services of the provider (see section 5 of these GTC); the provider will in this respect carry out an age query before using these services for the first time, which must be answered truthfully by the user, whereby the The provider reserves the right to request specific proof of age within the framework of random samples. Use is also generally only permitted for natural persons and those acting on behalf of a third party are excluded from use. If the provider has a well-founded suspicion that a person is not authorized to participate, it is entitled to check the person's personal details by verifying their identity by requesting official papers. Unauthorized users will be excluded from using the provider's services.
1.4 In addition to these terms and conditions, the separate rules of the game for the respective service apply, if available. In the event of contradictions between the GTC and the rules of the game, the provisions of the GTC to regulate the matter giving rise to the contradiction take precedence. In addition, special terms of use may apply to individual services. The user is informed of this in a suitable form before making use of the respective offer.
1.5 With individual services, the user has the option of using the services of the provider's contractual partners. In this case, a separate contract is concluded between the user and the respective contractual partner of the provider. Users will be informed appropriately prior to finalizing the contract.
2 Contract conclusion and access
2.1 The prerequisite for using the services of the provider is registration of the user and, if necessary, the installation of the respective app.
2.2 The contract between the provider and the user comes about through the creation of a user account through the free registration of the user. The user can either register by filling out the registration form or using the connect functions of third parties (e.g. Facebook Connect).
2.3 Access to the use of the provider's services occurs after the user has registered. When registering, a password and pseudonym assigned by the user are used. Registration usually requires the user to enter an email address and complete the registration form. When registering via the connect function of a third-party provider, the respective profiles of the user are transferred to the provider's database. When registering via the connect function of a third party, the user must confirm the respective conditions of the third party.
2.4 The provider reserves the right to refuse the registration of users for objective reasons. Such reasons are in particular: violation of the terms of use, doubts about the identity of the user and / or the age, suspicion of SPAM, deception, registration from countries in which the provider or its services are not available.
2.5 The transfer of the user account to third parties is not permitted without the express consent of the provider.
2.6 There is no legal entitlement to registration and activation.
2.7 With regard to the apps that can be downloaded via the app stores, the following should be noted: The user is not permitted to download the apps if he is resident in a country that is subject to an embargo by the US government or which the US government considers terrorism supporting country is classified. Furthermore, a download is not permitted for those users who are on a list of persons subject to prohibitions or restrictions (so-called "prohibited or restricted parties") by the US government.
3 Services of the provider
3.1 The provider provides its services within the scope of its technical and operational possibilities. The services from the services are available to users who have an account.
3.2 The provider updates, changes and further develops its services at its own discretion, so that the user only has the opportunity to participate in the services in their current version. In particular, the provider reserves the right to discontinue the operation of individual services without giving reasons.
3.3 The provider endeavors to enable its services to be available at all times. This excludes downtimes due to maintenance and software updates as well as times in which the service cannot be accessed via the Internet due to technical or other problems that are beyond the control of the provider (force majeure, fault of third parties). In order to be able to use the services of the provider to the full extent, the user must use a current operating system, a current browser or a current Android or iOS version. When using older or not generally used versions or technologies, it cannot be ruled out that the user can only use the services to a limited extent.
3.4 The provider provides both free and paid services.
3.5 The provider can use externally commissioned service providers to offer its telemedia services. This includes in particular payment providers, content providers, newsletter senders and debt collection companies. Contracted external service providers who provide services on behalf of the provider are not considered third parties within the meaning of these general terms and conditions.
4 Possibility of earning Bitcoin
4.1 As part of the browser game Clickfight, you have the opportunity to earn the digital currency Bitcoin by completing tasks. This can be used to purchase virtual goods or the provider can be instructed to pay them out to the user.
4.2 As part of the payout process, the user can choose between different payout methods. Satoshis can either be paid out directly into the user's wallet via "Direct Payout" or to his/her specified FaucetPay account. A fee is charged for both payout methods "Direct Payout" and Faucetpay. The amount of the fee is displayed on the withdrawal page, prior to requesting the withdrawal.
4.3 According to the current status, Bitcoin can be earned as follows:
o Clicking on so-called "exploits"
o Defeat individual computer opponents
o Completion of individual time-limited tasks
o Completion of individual "Darknets" (a challenge that you must first master and then defeat several waves of computer opponents in the challenge)
o Prize of some “competitions” that take place weekly
o for holding so-called "relay stations" (a computer opponent who can be conquered.)
4.4 If the user account is deleted, section 5.6 also applies accordingly to the satoshis earned.
5 Paid Services:
5.1 In addition to the free services, the provider offers the user various chargeable services. Before these services are provided, the user is advised of the cost, the content and scope of the services as well as the price and payment conditions.
5.2 By using these services, the user enters into a further contractual relationship that is separate from the free contractual relationship. These general terms and conditions are also the basis of this further contractual relationship. The contract is concluded when the user selects the chargeable service and accepts the payment obligation by pressing the “Buy” button (hereinafter: “order process”).
5.3 The fee-based services include in particular, but not limited to, the provision of virtual currency and the use of gaming advantages in the form of virtual goods. The contents, functions and requirements of the corresponding services at the time of the order apply as they are transmitted to the user in the apps and the respective order confirmation.
5.4 As a rule, the user can use the virtual goods for a certain period of time. These can also be lost due to destruction or removal by other users. Details can be found in the corresponding conditions of the respective game.
5.5 As a small business owner within the meaning of Section 19 Para. 1 UStG, sales tax is not charged. In some cases, however, the fees or costs incurred by various payment service providers are not yet included in the prices. However, if separate costs are incurred through the use of the payment services, this will be explicitly indicated. Only payment service providers can provide binding information on fees or costs. When processing payments via the respective app store, the terms of use and payment of the app store apply in addition to these terms and conditions. In the event of contradictions, the terms of use and payment of the app store take precedence.
5.6 If the user deletes or terminates his user account, he irrevocably loses the received or acquired currencies or gaming advantages. The customer has no right to a refund for unused currencies or game advantages. However, the provider reserves the right to make reimbursements out of goodwill for each individual case.
6 Payment terms for paid services
6.1 The fee for chargeable services is to be paid to the provider in advance and will be collected in full using the payment method selected in the order process.
6.2 The provider currently offers the following payment options
6.2.1 Payments through the website
o PayPal
As part of the ordering process, the user is redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, he must be registered there or first register, legitimize with his access data and confirm the payment instruction to the provider. After placing the order in the shop, the provider asks PayPal to initiate the payment transaction. The user receives further information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately thereafter.
In the event of a faulty transaction, the user has the option of initiating a corresponding chargeback with PayPal. The provider reserves the right to block the user account for the time the chargeback authorization is checked. Once the facts have been clarified, both parties have the right to terminate the contract without notice.
6.3 If due to the fault of the user or due to circumstances for which the user is responsible, cancellation fees accrue in the case of cancelled transactions, the user shall bear the costs. The provider is entitled to claim these costs together with the original payment from the user.
6.4 The provider can have the payment for chargeable services processed by an external service provider commissioned by the provider.
7 Termination of the contractual relationship
7.1 Unless otherwise expressly stipulated for the respective online game or other service offer, the contract for the use of the homepage and the online games, mobile games and other service offers is concluded for an indefinite period. It begins with the approval or activation by the provider.
7.2 The contract can be properly terminated by both parties at any time with immediate effect, unless a fixed term has been agreed.
7.3 Each party has the right to terminate the contract for an important reason without observing a period of notice; such a notice period exists for the provider in particular if
o the user is in arrears with payment and does not pay despite a reminder,
o there is behavior that does not negatively affect the gaming experience of other players,
o Forms of software, tools or scripts are used that change the gaming experience or the game mechanism.
o Third parties play on the user account, unless the game rules permit exceptions,
o the user uses virtual objects that are used within the services, tries to buy, sell or barter outside the services or tries or realizes the same with the user account,
o the user culpably violates statutory provisions or regulations in these terms and conditions that serve to protect other players or the provider
7.4 The cancellation of the user can be done by deleting his user account or by cancellation in text or written form. To delete his user account, the user can send a notice of termination in text (by fax and e-mail) or in writing (by letter) to the provider. This confirms the deletion to the user. In the event of termination, the user must provide the e-mail address that he has stored in his user account, otherwise an assignment to the user account is not possible.
7.5 If the user terminates or deletes the user account, all chargeable functions contained or activated there expire with the exception of virtual goods that are independent of the user account.
7.6 If the provider terminates the user account for a reason for which the user is not responsible, the user is entitled to a refund of the purchase price of the chargeable functions linked to the user account, insofar as the chargeable function has not yet been fully used or used.
7.7 With the termination of the contract, all obligations of the provider to store the user's data end, unless statutory retention periods require storage.
8 The obligations of the User
8.1 The user undertakes to immediately notify the provider of all future changes to the data provided during registration, in particular a change to his email address, and to confirm the accuracy of his data upon request.
8.2 The user undertakes to keep his log-in data and passwords secret and to protect them from access by third parties. In the event that the user has reason to suspect that his data has been obtained by third parties without authorization, he will inform the provider immediately and change his data or have it changed by the provider. In such a case, or in a case where the provider has cause for the above assumption, the provider has the right to temporarily block the user account. It will inform the user about the blocking and the clues.
8.3 Behavior of the user (including contractual penalty):
8.3.1 The user assures that he will not use the services of the provider for business or commercial purposes, in particular advertising purposes. The user is not allowed to read out the contents and profiles of other users manually or through the use of computer programs in order to use the data obtained in this way.Insofar as the user connects commercial or business interests with the conclusion of the contractual relationship or uses the data made available to him for business or commercial purposes, or for purposes not expressly approved by the provider, he undertakes to inform the provider for each infringement to pay a contractual penalty to be determined at equitable discretion and verifiable by the competent local or regional court. Any other claims for damages hereby remain unaffected.
8.3.2 Furthermore, the user undertakes not to misuse the services of the provider, in particular,
o not to use them to distribute defamatory, racist, seditious or otherwise illegal material or information;
o inquire about illegal pornography via the database system or from other users;
o not to use them to threaten or harass other users or actors or to violate their rights (including personal rights);
o not to introduce any data into the system or database that contain a virus or that contain software or other material that is protected by copyright or other protective rights, unless the user is the owner of the respective rights or has the necessary consent for use;
o not to use them in a way that negatively affects the availability of the services for other users;
o not to intercept any e-mails or other messages and not to attempt to do so;
o not to send chain letters;
o not to send e-mails or other messages that serve a commercial or commercial purpose;
o not to mention names, addresses, telephone or fax numbers, messenger addresses, emails or URLs in the profile data;
o not to collect, store or process any personal data about other users or performers;
o not to enter into agreements with other players for the purpose of circumventing the actual principles of the game in order to gain mutual or unilateral advantages (e.g. by pushing);
o not to use bots or to use the system in any other automated manner or to use own clients by bypassing the existing clients of the provider or to change clients of the provider;
o not to exploit any existing errors in the system, but to report them to the provider.
8.3.3 Without prejudice to the other rights, the provider has the right to partially or completely delete content and contributions that contravene the provisions of these terms and conditions and to exclude users who violate these rules, either completely or temporarily, from other services of the provider.
8.3.4 Furthermore, the user is entitled to use several accounts if they are not used at the same time or if there is some other type of interaction between the accounts. When using multiple accounts, payouts are only permitted to be made through the main account.
9 Sanctions for breaches of the user's obligations and contractual penalty
9.1 If the user violates these terms and conditions, the provider can, depending on the severity of the violation
o warn the user,
o temporarily block individual functions of the services for the user or the user account of the user,
o Permanently block functions of the services for the user,
o permanently block the user's user account or
o extraordinarily terminate the user account and prohibit a new registration.
9.2 If the user commits criminal offenses with his user account, the provider is entitled to terminate the user account extraordinarily and without notice for an important reason without a warning.
9.3 If the provider terminates the user account for a reason for which the user is responsible, the user must compensate for the damage incurred.
9.4 A user who uses the services for commercial or business purposes or for credit farming without permission, sends malware, phishing, spam or junk mail messages, uses the services to prepare for illegal activities or uses his or her identity as part of the services deceiving or faking the identity of someone else, undertakes to pay the provider a contractual penalty to be determined by the provider at its own discretion and verifiable by the competent local or regional court for each violation. Any other claims for damages hereby remain unaffected.
10 Liability of the provider
10.1 The user is liable to third parties himself and directly in the event of a violation of third party rights for which he is responsible. The user undertakes to reimburse the provider for all damage that arises from a culpable failure to comply with the obligations arising from these terms of use. The user releases the provider from all legitimate claims that other users or other third parties assert against the provider due to the violation of their rights through content posted by the user or due to the violation of other obligations. The user also bears the costs of the legal defense required by the provider, including all court and legal costs. This does not apply if the user is not responsible for the infringement.
10.2 The liability of the provider, regardless of the legal basis, be it from breach of contractual duty or unlawful act, is finally determined by the following provisions.
10.2.1 Insofar as the provider renders the respective liability-triggering service free of charge, it is only liable for intent and gross negligence.
10.2.2 In the case of paid services, the provider is fully liable for intent and gross negligence as well as in the case of personal injury, but only for slight negligence in the event of a breach of essential contractual obligations, in the event of delay and impossibility for which it is responsible. Liability in the event of a breach of such an essential contractual obligation is limited to the damage typical for the contract, the occurrence of which the Provider had to expect upon conclusion of the contract on the basis of the circumstances known at that time.
10.2.3 The provider assumes no liability for disruptions within the line network for which the provider is not responsible (e.g. due to problems with the host, viruses or hacker attacks).
10.2.4 The Provider shall only be liable for the loss of data in accordance with the preceding paragraphs if such a loss could not have been avoided by the user through appropriate data backup measures.
10.2.5 The above limitations of liability do not apply in the case of the assumption of express guarantees by the provider, in the case of malice, and for damage resulting from injury to life, body or health. Our liability under the product liability law remains unaffected.
10.3 The above limitation of liability also applies to the personal liability of employees, representatives and organs of the provider.
11 Data protection
11.1 The user is aware and agrees that the personal data required to process the order will be stored on data carriers by the provider. The user expressly agrees to the collection, processing and use of his personal data. The stored personal data will of course be treated confidentially by the provider. The collection, processing and use of the user's personal data takes place in compliance with the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The user can find further information in the provider's data protection declaration.
11.2 The user has the right to revoke his consent at any time with effect for the future. In this case, the provider is obliged to delete the customer's personal data immediately.
12 Settlement of disputes
The EU Commission provides a platform for online dispute resolution (OS platform). This can be found here: www.ec.europa.eu/consumers/odr.
The provider is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
13 Final provisions
13.1 The legal relationships existing between the provider and the user are subject to the law of the Federal Republic of Germany, subject to mandatory provisions. The place of jurisdiction for all claims from this contract is Liederbach, provided the user is not a consumer. The applicability of mandatory regulations of the state in which the user has his habitual residence or place of residence upon conclusion of the contract remains unaffected.
13.2 Should individual provisions of these general terms and conditions be invalid or incomplete, the validity of the remaining general terms and conditions shall remain unaffected. Any invalid or unenforceable provision shall be replaced by a valid and enforceable provision which comes closest to effecting the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall also apply mutatis mutandis in the event that there are any omissions in the contract. In the event of discrepancies between the different language versions, the German is decisive.
14 Revocation
If the user is a consumer and is based in a country of the European Union, the following right of withdrawal applies to the use of the provider's services within the framework of the conclusion of contracts for paid services.
14.1 Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without specifying any reasons.
The cancellation period is fourteen days from the contract conclusion date.
In order to exercise your right of withdrawal, you must inform us (Groth & Miersch GbR, Königsteiner Weg 36, 65835 Liederbach, e-mail: support@clickfight.net) by means of a clear declaration (e.g. a letter sent by post or e-mail) about your Inform the decision to withdraw from this contract. You can use the attached sample revocation form for this, but it is not mandatory.
To comply with the withdrawal deadline, it is sufficient for you to send the notification that you are exercising your right of withdrawal before the withdrawal period has expired.
Consequences of cancellation
If you choose to withdraw from this contract, we shall refund all payments which we have received from you without delay, including shipping costs (except for additional costs arising in the event of selecting a shipping method which is different from the most cost-efficient standard delivery offered by us), no later than fourteen days from the date on which we have received the notice of withdrawal from this contract. The refund shall be issued with the same payment method which you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees to process this refund.
If you have already asked for services to begin during the period prior to revocation, you will have to pay an appropriate amount corresponding to the services already provided up to the date on which you notified us that you were exercising your right to revoke this contract, prorated to the total scope of services provided for in the contract.
Expiry of the right of cancellation
The right of withdrawal expires in the case of a contract for the delivery of digital content that is not on a physical data carrier if we have started executing the contract after you have expressly agreed that we will start executing the contract before the withdrawal period has expired and you have your You have confirmed that you will lose your right of withdrawal by agreeing to the execution of the contract.
14.2 Sample cancellation form
If you want to cancel the contract, please fill out this form and send it back to us. To: Groth & Miersch GbR, Königsteiner Weg 36, 65835 Liederbach, E-Mail: support@clickfight.net
I/We (*) hereby withdraw from the contract I/we (*) made regarding the purchase of the following
of the following goods (*)/the provision of the following service (*)
Ordered on (*)/ received on (*): __________________________
Name of the consumer(s): __________________________
Address of the consumer(s): __________________________
______________________________________________________________
Signature of the consumer (s) Place, date
(Only required when giving notice by paper.)
(*) Strike through if not applicable.
