Terms and Conditions – Octacube Webseite

Last Modified: October 02, 2023

IMPORTANT – READ CAREFULLY: These Terms of Use (“Terms“) is a legal agreement between you (“you” or “your“) and Tobias Froihofer e.U. (also “Octacube Studios”) and governs the use by you while you play games (“Games“) and/or use websites by this company that link to these Terms of Use (“Websites”), or downloadable games and/or applications (“App“) (collectively, the “Services“). By using the Services you agree to these Terms. If you do not agree to these Terms, do not purchase or use the Services.

BY PURCHASING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

PLEASE REVIEW THE PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE. BY ACCEPTING THESE TERMS, YOU ARE ALSO ACCEPTING THE PRIVACY POLICY.

Definitions

For the purposes of these Terms and Conditions:

· Account
means a unique account created for You to access our Service or parts of our
Service.

· Affiliate
means an entity that controls, is
controlled by or is under common control with a party, where “control”
means ownership of 50% or more of the shares, equity interest or other
securities entitled to vote for election of directors or other managing
authority.

· Application
means any software program provided by the Company downloaded by You on any
electronic device.

· Company
(referred to as either “the Company”, “We”,
“Us” or “Our” in this Agreement) refers to Tobias Froihofer e.U., 8654
Fischbach, Mitterstuck 47 /2.

· Country
refers to: Austria

· Device means
any device that can access the Service such as a computer, a cellphone or a
digital tablet.

· Personal Data
is any information that relates to an identified or identifiable individual.

· Service
refers to the Application.

· Service Provider means any natural or legal person
who processes the data on behalf of the Company. It refers to
third-party companies or individuals employed by the Company to
facilitate the Service, to provide the Service on behalf of the Company,
to perform services related to the Service or to assist the Company in
analyzing how the Service is used.

· Third-party Social Media Service refers to any website or any social network
website through which a User can log in or create an account to use the
Service.

· Usage Data
refers to data collected automatically,
either generated by the use of the Service or from the Service
infrastructure itself (for example, the duration of a page visit).

· You means
the individual accessing or using the
Service, or the company, or other legal entity on behalf of which such
individual is accessing or using the Service, as applicable.

1. License and restrictions.

Subject to these Terms, the Company grants you a non-exclusive, limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not: (a) modify, translate, reverse engineer, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Services; (b) reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without the Company’s express written consent; (c) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layouts, or forms) without the express written consent of the respective owner; (d) use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information in connection with the Services; (e) use any meta-tags or any other “hidden text” utilizing “Octacube Studios,” the names of any Game or related characters, its affiliates, partners or artists without the Company’s express written permission; or (f) engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, “hacking” the Services, or infringing the intellectual property or other proprietary rights of the Company or third-parties.

Additionally, where the Services are an App, the Company grants you a non-exclusive, non-transferable, revocable, limited license to use the App for your personal, non-commercial use on authorized devices, unless otherwise specified. The App may not be copied, resold, or sublicensed. These Terms apply to all versions including, without limitation, free and paid versions and updates to the App.

The App may include measures to control access to the App (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the App or other Services will be automatically revoked.

2. Third-party product, services and links.

The Company may offer third-party products through the Services. You assume all risks and liabilities associated with the use of any such third-party products. Additionally, your rights and obligations regarding such products or services will be governed by the separate terms of use and privacy policies of the applicable third-party provider.

The Services may include hyperlinks to third-party websites over which the Company has no control. The Company is not responsible for the availability of such external, third-party sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.

3. Access to the services.

If you do not receive a pop-up that asks for your age when you first access a Game or when you are accessing the Website, then by using the Services and your continued access to such Services, you are affirming to the Company that you are at least 16 years old.

If you do receive a pop-up that asks for your age when you first access the Game or when accessing the Website:

If you are under 18 years of age (or have not reached the age of a legal adult where you live, if that is not 18 years of age) you affirm that you have reviewed these Terms with your parent or guardian and they agrees to these Terms on your behalf and takes full responsibility for your compliance with these Terms.

If you are under 13 years of age, in addition to the above you must have explicit permission from your parent or guardian in order to use the Services.

If you do not have permission from your parent of guardian, certain features and functionality of the Services may be disabled.

You may be required to register an account before using certain Services (“Account“). You may also be required or have the option to access the Services through a social networking service (“SNS“). Your Account is personal to you, and you may not rent, lease, sell, trade, gift, bequeath, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep it up to date. You may not have more than one Account or access the Services through more than one SNS at any given time. You are solely responsible for maintaining the confidentiality of your password and user name and for any activities that occur under or through your Account. The Company does not authorize use of automated methods to sign up for an Account, and the Company reserves the right to immediately terminate your access to the Services or your Account if you breach these Terms or otherwise violate any applicable law, rule, or regulation in your jurisdiction.

You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Services.

4. In-app purchases.

In-game Virtual Currency and Virtual Items

The Service may include an opportunity for you to earn, buy or otherwise obtain in-game currency (“Virtual Currency“) to access virtual, in-game digital goods or items (“Virtual Items“). Methods of obtaining Virtual Currency are at the Company’s sole discretion. Virtual Currency is not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services.

Virtual Currency and Virtual Items obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Service. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.

The Company has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. The Company has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained with Virtual Currency. The Company reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.

Virtual Currency may have an expiration date. Virtual Currency and Virtual Items may be forfeited if: (a) your Account or access to the Services is terminated or suspended for any reason; (b) you breach these Terms; (c) the Company discontinues availability of the Service; or (d) you disassociate from the Service.

5. Online content and conduct.

The Services may include opportunities, through your Account or SNS, to chat or participate in blogs, message boards, online forums, discussion platforms, and other online or digital media platform that provide you with the opportunity to create, submit, post, display, transmit, perform, publish, or distribute to the world (“Social Platform(s)“) links, writings, photos, graphics, or other material (“Social Platform Content“). All Social Platform Content posted by you to any Social Platform shall be your sole responsibility.

The Social Platforms shall be used only in a noncommercial manner. Social Platforms may be owned or made available by third parties and your rights and obligations regarding such third-party Social Platforms will be governed by the separate terms of use and privacy policies of the applicable third-party provider. The Company has the right, but not the responsibility, to monitor or remove or request removal of Social Platform Content that The Company believes to be harmful, offensive, or otherwise violates these Terms, without liability to you. The Company in its sole discretion, reserves the right to restrict or disable your use of the Social Platforms that it owns and makes available to you.

By submitting Social Platform Content to any Social Platform, you warrant that you have all necessary rights to submit the Social Platform Content without any restrictions of any kind, and grant to The Company a fully paid, royalty-free, non-exclusive, irrevocable, worldwide, unconditional, perpetual, right and license to use, reproduce, modify, publicly display and perform, make derivatives works of, sublicense, and distribute all such Social Platform Content in all media now known or later developed, and/or to incorporate such materials in other works in any form, media, or technology now known or later developed.

Any opinions, advice, statements, services, offers or other information or content expressed or made available by third-parties in a Social Platform, are those of the respective authors and not of The Company or its affiliates, and The Company is not responsible for the accuracy or reliability of same. The Company makes no representations or warranties regarding Social Platforms.

When using the Services or Social Platforms, you may not:

a) Use the Services of Social Platforms in any manner which violates applicable laws or regulations;
b) Post or transmit any Social Platform Content that: (i) violates a third party’s rights or dignity, including any contract, privacy, publicity or intellectual property rights; (ii) is deceptive, untrue, harassing, libelous, defamatory, abusive, tortious, threatening, harmful, obscene, indecent, hateful, bigoted, racist or pornographic; (iii) would constitute or encourage a criminal offense; (iv) contains any viruses, worms or similar software; or (v) includes personal information about another person without that person’s consent;
c) Impersonate or falsely state or represent your identity;
d) Engage in or facilitate the transmission of unsolicited mass mailings, or “spamming”;
e) Distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services;
f) Collect personal data about others for unlawful, commercial, or any other unauthorized purposes;
g) Access, or attempt to gain access to, another user’s account without authorization;
h) Promote, encourage, or take part in any activity involving hacking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or counterfeit virtual currency/items;
i) Use any game hacking/altering/cheating software or tools;
j) Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, or otherwise interfere with the Services; or
k) Reverse engineer, decompile, or modify, or attempt to modify, any part of the Service.

You understand that you may be exposed to Social Platform Content and actions from other users that are indecent, explicit, offensive, or which otherwise violates these Terms (“Inappropriate Activity“). You can report actual or suspected Inappropriate Activity on Social Platforms owned or made available by The Company to support@octacube-studios.com. The Company will not be liable or responsible for any Inappropriate Activity occurring on or through third-party Social Platforms. The Company reserves the right, in its sole discretion, to take any action against Inappropriate Activity that The Company believes to be harmful, offensive, or otherwise violates these Terms. You agree that The Company will not be liable to you or any third-party in any way for Social Platform Content, Inappropriate Activity, or for any damage or loss therefrom.

6. Title.

The Services may allow you to create content (“Your Content“) that incorporates the Company’s Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots or a video of your game play. The Company retains all rights, title and interest in and to the Company’s Content. You retain all rights to Your Content; provided, however, that by incorporating the Company’s Content into Your Content, you grant the Company an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to the Company’s use of Your Content.

7. Disclaimer of warranty and limit of liability.

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE SERVICES FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.

THE SERVICES ARE PROVIDED “AS IS” AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE COMPANY’S SERVICES IS AT YOUR SOLE RISK.

THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

YOU FURTHER ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE, AND YOU AGREE NOT TO HOLD THE COMPANY LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

8. Indemnification.

You agree to hold harmless, indemnify and defend the Company, its licensors, affiliates and suppliers and their respective officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) due to, arising out of, or relating to any information or item, including, without limitation, Your Content, Social Platform Content, and/or Inappropriate Activity you may submit, post, transmit or make available through the Social Platforms or Services, your use of the Social Platforms and Services, your connection to the Social Platforms and Services, your violation of these Terms, or your violation of any law, regulation or third-party right. Without limiting your indemnification obligations described herein, the Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

9. Termination.

These Terms will automatically terminate if you fail to comply with any term hereof. You and the Company have the right to terminate or cancel your Account, at any time for any reason and without notice. Upon termination you shall immediately discontinue use of the Services. Your obligations under Sections 5, 6, 11, and 12 shall survive any termination.

10. No assignment.

These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining the Company’s express written consent.

11. Feedback.

The Company does not accept unsolicited feedback, suggestions or other information about the Services, the Company’s Content or other aspects of its business. If you provide the Company with feedback or other ideas, you agree that the Company is free to use any feedback provided by you for any purpose (without compensation to you), including, without limitation, improving its products and services and creating derivative products.

12. General.

These Terms, along with the Privacy Policy, and any other privacy policy applicable to the specific Services you are using, constitute the complete and final agreement between the Company and you with respect to your use of the Services and may not be modified by you except in a writing duly signed by you and an authorized representative of the Company. You agree that your breach of these Terms will cause the Company immediate and irreparable harm and the Company will be entitled to seek injunctive relief without the necessity of posting bond. The Company and you are independent parties and nothing in these Terms creates an employment or agent relationship. If any provision herein is held to be unenforceable, such provision shall be reformed in that matter only to the extent necessary to make it enforceable, and shall not affect the enforceability of the remaining provisions. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.

The Company may make changes to the Services, these Terms, or its Privacy Policy from time to time. All such changes will become effective immediately upon notice and/or posting. If any of these changes are deemed invalid, void, or for any reason unenforceable, that change will be deemed severable and will not affect the validity and enforceability of any unchanged portions of the Services, these Terms, or the Privacy Policy. The Company may transfer or assign the Services, these Terms, or the Privacy Policy, in whole or in part, to any third-party of The Company’s choosing. These Terms will inure to the benefit of and be binding upon The Company’s respective successors and assigns.