Code of Conduct
Account
• All the access and account data must be kept secret; this does not include disclosure to statutory representatives.
• b-interaktive games may only be played on the platforms provided, via the access made available by b-interaktive, and in accordance with the applicable rules.
• The User may not assign or offer to assign its License Agreement or account to third parties.
Conduct and prohibited behaviour
The following are all prohibited:
• The User may not provide, describe, apply, circulate, support, link or specify the source of any malware.
• Insults, libel and slander in relation to other Users and third parties; fraudulent content; inciting illicit behaviour; threats, coercion and personal attacks.
• Unethical, obscene, suspicious, inappropriate, indecent and pornographic content ; deprecating or discriminating comments; content glorifying violence; and content apt to encourage or glorify hatred, violence or discrimination.
• Curses and swear words; harassing other Users or third parties, e.g. with junk mail, spam or chain letters; all manner of advertising; publishing identities, personal or confidential data as well as individual communications without the permission of the person(s) concerned.
Copyright and Third-Party Rights
• The User many not alter b-interaktive’s Services beyond their designated usage.
• Using, copying and passing on b-interaktive’s Services is expressly prohibited, unless with b-interaktive’s permission. Mention of b-interaktive‘s name and its trademarks may not be removed or altered. The User is not allowed to circumvent technical measures for protecting b-interaktive’s Services or to decompile or disassemble binterakive’s Services in any manner.
• The User may not use b-interaktive’s Services for any commercial purpose.
• The User may not post or use any content on the platform (e.g. user name, texts, pictures, photos, videos) that breaches statutory regulations or infringes third-party rights.
Fair Play
• The User may not disrupt the gaming procedure at b-interaktive, or employ any mechanisms or use any software or take any measures that might disrupt or damage the functioning of b-interaktive or render it less efficient.
• Creating or using hacks, cheats or other tools that alter b-interaktive’s Services or affect the gaming experience is not permitted. The User is prohibited from any manner of cheating, and using exploits.
• Exchanging, offering or selling elements of b-interaktive’s Services (e.g. units, virtual currency, coins, cash, points, virtual goods) outside b-interaktive is forbidden.
• Spying out b-interaktive or its Users and illegally collecting data during use of b-interaktive’s Services are prohibited.
Uploading pictures
• b-interaktive is providing a personalized experience by enabling an upload of own picture and using it as a profile picture or a part of the in-game gallery.
• In the game Dice Clubs, you can upload a picture for free once every three months. You can also do it anytime you want by paying 200 Diamonds.
• Keep in mind that if you use pictures covered by intellectual property rights in our products you must obtain a written permission of the intellectual property rights owner prior to uploading.
• We use automated picture recognition to filter content that violates our terms and conditions. By uploading content you are fully responsible for what it depicts.
• Unethical, obscene, suspicious, indecent, pornographic, deprecating, discriminating, objectifying pictures, pictures glorifying violence; and pictures apt to encourage or glorify hatred, violence or discrimination will be, without exceptions, removed.
• After your picture has been removed, you will not be able to upload a new one for at least three months. b-interaktive is also reserving the right to block this feature permanently.
• By uploading any content you grant b-interaktive a non-exclusive, transferable, sub-licensable, and worldwide license to host, use, distribute, modify, run, copy and publicly display your picture.
This license is only for the purpose of making your picture visible to you and other users of our product.
• You can end this license at any time by deleting your picture and/or account. You should know that, for technical reasons, the picture you delete may persist for a limited period of time in backup copies (although it will not be visible to other users).
Protection of your data is important to us. For this reason, b-interaktive GmbH undertakes to ensure protection of your data and respects the confidentiality of your personal information, traffic information and content of your communications.
b-interaktive, Ostkirchstr. 177, D-44287 Dortmund collects and processes your personal information pursuant to the laws of the Federal Republic of Germany and this data protection policy.
With this data protection policy, b-interaktive intends to show you how we use and protect the information you provide when using our games and application service. The service enables users to play our games and apps to communicate with other users.
Privacy Policy
I. Scope
1. This data protection notice tells users how their personal data is used.
2. The company responsible is b-interaktive GmbH (“b-interaktive“, “we”, “our”). User can find out more about b-interaktive in the Contact information.
3. b-interaktive provides games and related services that can be used by yourself with friends or in a social network. We are taking the privacy of the user’s personal data extremely seriously and handle it with care, in keeping with data protection law.
4. Where applicable, before commencing play, the user consents to its personal data being recorded and used by us in the way described in this data protection notice. The user’s data is needed for actual technical usage, for the communicative setup, and for our games to be further developed.
5. The data protection notices and conditions of the specific platform on which the user plays our games also apply at the same time.
In case of questions or inquiries regarding this document please contact us at support@binteraktive.com
II. Cookies and log files when visiting b-interaktive
1. Every time a b-interaktive service is accessed, that communication automatically generates data. b-interaktive only stores and uses Log files related data that does not enable a person to be identified, the purpose being to obtain technical and statistical information for rectifying faults or improving the website, or for doing research and analysis.
2. We also collect data associated with your visit for the purposes of statistics (“statistical data”). This website uses Google Analytics, a website analysis service by Google Inc. (“Google”). Google Analytics uses so-called “cookies”. Cookies are miniature text files that can be saved temporarily or permanently on the user’s computer by the browser. Cookies guarantee the consistency of each communication process. Temporary cookies can be used to identify which visits are all part of a single session. Permanent cookies are for re-recognising a user, for instance so that individual settings can be made. Users are free to decide whether to let their browser use cookies: all browser programs allow cookies to be deactivated or deleted. Functions for which the computer has to be recognised will then only be available to a limited extent, or not at all.
3. The data regarding your use of the website generated by the cookies is transferred to a Google server in the USA and stored there. In case of activation of IP anonymization on this website, Google will truncate the IP address within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will your full IP address be transmitted to the Google server and shortened there. Under the authority of the provider of this website, Google will use this information to evaluate your use of the website, to draw up reports on the website activity and to provide the website operator with other services related to the use of the website and of the Internet. The IP address collected by Google Analytics from your browser will not be used in conjunction with any other data from Google. You can configure your browser software to block cookies; in this case you may not be able to use certain functions of the website fully. You can block Google’s gathering of data generated by the cookie and data connected to your visiting the website as well as the processing of this data by Google by downloading the browser plug-in available at the following link and installing it: https://tools.google.com/dlpage/gaoptout
III. User and gaming data at b-interaktive
1. By taking part in a game, the User allows b-interaktive to use its data (e.g. player nickname, level, results, prizes, coins, stars) to offer the User a safe, smooth, efficient and customised gaming experience. This may also include the information that b-interaktive swaps with the platform on which the User plays b-interaktive games (e.g. profile name, profile picture, networks, user ID, friends list).
2. b-interaktive is continually refining its games and services, adapting them to user requirements by using data provided anonymously or non-anonymously. Personal user data is used to manage game registration, personalise subsequent visits, and operate and stage the games. Since b-interaktive games also provide an opportunity for a communal gaming experience, your player status or scores may also be displayed to friends and other players.
3. Prior to giving access to any kind of personal information, b-interaktive’s applications will clearly ask the user for a permission to do so, explaining what kind of data will be used for what purposes.
4. b-interaktive may collect and use the User’s personal data if it is needed for billing any games and services that have been used. b-interaktive may also use the data in a locked form to comply with retention periods laid down by law or required by contract.
5. b-interaktive may collect, use and share device identifiers and anonymized user data from the applications with trusted external partners for analytical purposes.
6. Some of the b-interaktive’s applications are allowing for a chat feature. All chat information, consisting of text, timestamp and IP address are being temporarily stored on servers. When they are no longer necessary for the game service, b-interaktive is storing them for additional 14 days and deletes them afterwards. The storing period usually lasts 30 days counting from the days the message was sent.
7. The following personal information is stored and used in the game for the following purposes and is gathered from the following sources:
– Username – gameplay purpose, source – player
– E-mail – password recovery purpose, source – player
– Profile picture – gameplay purpose, source – player
– Your general location – gameplay purpose, source – player’s device”
8. If the User sends an enquiry or subscribes to special services, such as a newsletter, he or she will be asked for the information necessary to deal with the request. This information is used on a voluntary basis and only to the extent required or previously approved by the user.
9. Third parties may help us provide the services (e.g. for operating technical platforms or processing payments). However, we take responsibility for monitoring how your information is used at any time.
10. All data collected by b-interaktive is being stored on servers located in the European Union.
11. b-interaktive may collect your general location data to display distance based matching between the users. This will only happen after a clear consent of the user agreeing to the use of hers or his location data and it will be possible to disable it at any time.
IV. Use of personal data for marketing purposes
1. We never sell or hire out the User’s personal data to third parties for marketing purposes.
2. With the User’s consent, we may display targeted advertising in b-interaktive games and services, or we may place or arrange for a cookie so that targeted advertising can be displayed in the User’s browser. This might include advertising that could be of particular interest to the User.
3. Some services are partly financed through advertising. b-interaktive may display personalized advertising matched to the actions the User performs and content the User uploads when using the Services. If we advertise for a third party, we only use anonymized data and will not provide the advertiser with any personal data and IP addresses. The device identifiers (such as MAC addresses) will be duly abbreviated. Device identifiers help to optimize the delivery of the advertisements. They are not collected or stored but only accessed locally on the User’s device and immediately converted to secure hashed-based identifiers so that they cannot be resolved back to the original device identifier.The User can opt-out anytime. You will find the instructions to opt-out at advertisers’ websites or the following links:
Vungle : https://www.vungle.com/privacy/
Opt-out : https://www.vungle.com/privacy/
AdMob: https://support.google.com/ads/answer/2662922?hl=en
Opt-out: https://adssettings.google.com/authenticated
Fyber: https://www.fyber.com/legal/privacy
Opt-Out: https://www.fyber.com/privacy-policy/
Details at “7. User Choice”.
Supersonic: https://www.supersonic.com/privacy-policy/
Opt-Out: http://www.ironsrc.com/wp-content/uploads/2019/03/ironSource-Privacy-Policy.pdf
Details at “Deletion or Modification of Personal Information”.
Facebook Ads: https://www.facebook.com/privacy/explanation/
Opt-Out: https://www.facebook.com/privacy/explanation/
Details at “Data retention, account deactivation and deletion”.
AppLovin: https://www.applovin.com/privacy/
Opt-Out: https://www.applovin.com/privacy/
Details at the bottom to find contacts.
AppsFlyer: https://www.appsflyer.com/privacy-policy/
Opt-Out: https://www.appsflyer.com/website-privacy-policy
Details at “9. Your Choices”
To opt out of interest-based ads on your device:
Apple
https://support.apple.com/en-us/HT202074
Android
If you use an Android device, navigate to the google settings page, select ads and then choose to reset your Android Ad ID or opt-out of personalized ads.
V. Email and other electronic addresses
1. On the b-interaktive website, every User has the opportunity to provide his or her email or other electronic addresses, so that we can send out gaming news. Users may also order newsletters about b-interaktive and/or our games.
2. Users may at any time decline to receive email advertising or newsletters, and can withdraw consent with immediate effect. The simplest way for the User to do this is to use the special link or the email function and to specify his or her preferred settings.
3. Some of our applications allow for linking the in-game account with an email address. Afterwards, the email will be stored on our servers. An email provided in such a way will never be used for marketing purposes. It will only be used in case of the password recovery or user verification procedure.
4. Our applications are using Google’s gmail infrastructure for all the built-in communication between b-interaktive and users.
5. Our applications are using Sendgrid infrastructure for the password recovery procedure.
VI. Platforms
1. b-interaktive‘s games are available on various platforms, such as on iOS, Android, facebook.com and other apps and software platforms.
2. Any platform of this kind might collect and use personal details whenever the User accesses it, registers with it or uses it. b-interaktive has no control over this. Users will find all the relevant information in the terms and conditions and in the data privacy policies of the platform(s) concerned.
VII. Social Plugins
1. b-interaktive uses social plugins, e.g. the “like” button, from the social networking site facebook.com. These plugins are operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plugins can be identified from one of the Facebook logos (a white “f” on a blue tile or a “thumbs up” sign). The list of Facebook Social Plugins and what they look like can be viewed at https://developers.facebook.com/plugins .
2. If the User does not have a Facebook account or has not consented to having his or her data collected and used by Facebook, we recommend not clicking on Facebook plugins.
3. b-interaktive’s games, services and websites may also contain other plugins. Each plugin remains the responsibility of its provider (e.g. Twitter, Google). Prior to an information exchange between the user and provider of the plugin, the user will be asked for a permission and informed what kind of data will be sent to the provider.
4. If the User is not yet a customer of the provider or has not consented to having his or her data collected and used by this provider, we recommend not clicking on these plugins.
5. If the User is already a customer of the plugin provider, he or she should refer directly to the relevant provider for information on the kind and amount of personal data it collects and uses, and for what purpose.
VIII. Information, deletion and blocking of data
1. Users are always able to view their game account details (e.g. player nickname, score, units, features) by logging in to the relevant platform and calling up the game. Users can make their own deletions and amendments there.
2. b-interaktive will immediately provide free of charge information on any other User and/or inventory data – electronically or in writing, if so requested. Before revealing any information, we may insist on being sent some form of documentation to prove the enquirer’s identity and confirm its authenticity.
3. Each user can request a detailed information about all her or his personal information that is being stored on b-interaktive’s servers. To do so, the user has to send us a request email using the built-in ‘Customer Support’ button in a given application.
4. Each user can request a complete deletion of all her or his personal information that is being stored on b-interaktive’s servers. To do so, the user has to send us a request email using the built-in ‘Customer Support’ button in a given application.
5. Once the User’s contractual agreement with b-interaktive has come to an end, essential data will be blocked for an appropriate processing period. Additionally, any optional information will be erased.
6. If you are a California resident, you have the right to ask us for a notice identifying the categories of your personal information that was shared with third parties for direct marketing purposes in the previous twelve (12) months. You can contact us via support@binteraktive.com to request the aforementioned notice. You will need to provide information that will allow us to verify your identity to ensure continued protection of your personal information. We do not share personal information with third parties for their direct marketing purposes without your consent, which may be withheld or withdrawn at any time.
IX. Withdrawal of consent
• While the use of personal data is based on consent given by the User, it can be withdrawn at any time with immediate effect. Withdrawing consent may result in services no longer being available, or the User’s contractual agreement being terminated. We also reserve the right to base our data privacy procedures on statutory regulations at any time.
• If the User wishes to object to his or her personal details being used for advertising, market research or opinion polls, a notice or unsubscribe option (e.g. a button) may be provided on each service used. If the User decides to send an objection, advertising that does not use his or her personal data (ingame, for example) will not be affected.
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- For further information the User can contact one of the b-interaktive experts via Support: https://b-interaktive.com/en/support/
X. Security
1. Standard security practices, including encryption, passwords and physical security measures are used to protect your personal data from unauthorised access and disclosure. Your user account information is stored on a secure server with firewall protection. If the User enters sensitive data (such as a credit card number), we encrypt that information using secure socket layer technology (SSL).
2. In case of questions about the security of our services, please contact us at any time on https://b-interaktive.com/en/support/.
XI. CCPA NOTICE
1. This additional CCPA notice supplements the Privacy Policy and applies solely to the residents of the State of California who are also players of the game Dice Clubs and Blackjack Clubs.
It provides information on how the personal information of the residents of the State of California is being collected, used, disclosed and processed within the scope of the California Consumer Privacy Act of 2018.
2. The following personal information is stored and used in the game for the following purposes and is gathered from the following sources:
– Username – gameplay purpose, source – player
– E-mail – password recovery purpose, source – player
– Profile picture – gameplay purpose, source – player
– Your general location – gameplay purpose, source – player’s device
None of this data is being ‘sold’ to any third party companies.
Device identifiers such us unique AdID or IP address are not being ‘sold’ to any third party companies.
3. You have a right to delete your personal information from the game.
- You can delete your username, e-mail and profile picture in the ‘Your Account’ section of the game.
- In the case of the game Dice Clubs, your general location can be disabled in the Challenge’s settings.
Deleting your personal information from the game will automatically result in us losing access to this data.
4. You have a right to access your personal information that is being stored in the game. You can do so by going to the ‘Your Account’ section of the game.
Should you need any further help, please contact us at support@binteraktive.com
Before providing you with any additional information, your identity will have to be verified.
b-interaktive GmbH, Ostkirchstr. 177, 44287 Dortmund, Germany.
General Terms & Conditions
I. Subject-Matter
1. b-interaktive provides Users with an opportunity to play digital and mobile games and use related services on various platforms on the Internet. Users can access the games on these platforms with their browsers or download them to their mobile devices.
2. b-interaktive continuously strives to improve and extend the games with more content and functionalities. The User can find more information about the functioning of the game, like compatibility with different devices or size of downloads on the respective game page on each of the supported platforms.
3. Any individual agreement reached with the User and any applicable b-interaktive Special Terms take priority. In all other respects, the following General Terms of Use apply when using b-interaktive’s Services. The following have subordinate priority:
- b-interaktive’s Code of Conduct
- b-interaktive’s Privacy Policy
- specifying the rules of conduct in force at the time.
4. Any terms and conditions prescribed by the user are excluded.
II. Using Games with Mobile Devices, Restricted License
1. In order to use b-interaktive games on mobile devices, the User may also or first of all be required to conclude a license agreement for a platform and/or with b-interaktive, to open an account, or to activate a game. Otherwise, the User may be unable to use a game.
2. Various platforms and operating systems exist for mobile devices. A b-interaktive game can only be used on those platforms and devices and with those operating systems that are compatible with the game; using any other mobile devices, environments and/or configurations that have not been expressly approved may result in the application not working correctly.
3. b-interaktive games can be used either online or after being downloaded and installed on the mobile device. The User does not receive any separate instructions for the game in either case, other than the information and help tools that are integrated in the game or are available online.
4. Using a b-interaktive game or its functions may depend on an online connection to the Internet with a given bandwidth or rate of data interchange; otherwise, use may be restricted or even impossible. Using a game on a mobile device drains the device’s resources and may result in impaired performance in other respects.
5. In online usage, the User may use the game’s respective functions in accordance with b-interaktive’s General Terms of Use.
6. b-interaktive may update games, also on the User’s mobile device, in particular to ensure the security of the system, for the sake of stability and compatibility, or in order to further the game’s development. b-interaktive is under no obligation to continue providing either support or updates for versions of a game that are not up-to-date. Updates carried out on the User’s mobile device are regularly triggered by the User; in each case, the User should check first whether the update has been released for the configuration he or she uses (platform, operating system, mobile device).
7. The User is prohibited from using a b-interaktive game in any manner other than that permitted under the license. In particular, unless authorized to do so, the User may not copy a b-interaktive game, nor may b-interaktive games be hired out, published, distributed, adapted, reverse engineered, decompiled, or re- or disassembled.
8. If b-interaktive provides access to a game explicitly still under development (so-called “beta version”), use of the game may be restricted and there is the possibility of serious errors occurring. Using beta versions takes place on the User’s own responsibility and may be discontinued or terminated by b-interaktive at any time.
9. For mobile b-interaktive games, the User needs its own mobile device and Internet access. During a b-interaktive game or an update, data is always interchanged via the Internet. Prior to playing any games, please enquire about the costs that you will be charged for doing so, in particular if you are staying in another country at the time. Moreover, be sure to check and comply with your Internet or telecommunications provider’s terms and conditions for using applications like b-interaktive games.
10. Every User is bound to abide by the relevant terms and conditions applying to its mobile device and operating system and to the platform being used.
III. Contract Closure, Term
1. The contract between b-interaktive and the User on using one or more games or other services on a platform (referred to hereinafter as “License Agreement”) is brought about as soon as the User downloads or accesses one of b-interaktive’s games on a specific platform. In each case, a License Agreement is brought about for a single platform (e.g. a specific social network or operating system), and it may cover one or more games. Several License Agreements exist concurrently if the User plays b-interaktive’s games on different platforms. Each License Agreement is coupled to a non-transferrable user account on the respectively used platform.
2. The text of these General Terms and Conditions is provided on www.b-interaktive.com. Due to the method of conclusion of the agreement, the text of the agreement is not saved. Entries can be corrected on the corresponding platforms.
3. A License Agreement is concluded for an indefinite period. On observing a 14-day period of notice, both contractual partners are entitled at any time to give routine notice terminating the License Agreement. Partial notice relating to a specific game is also permitted. The User may also terminate the License Agreement by deleting his or her account or the application.
4. Any individual over the age of 18 who has full legal capacity may become a User. Minors may only conclude a License Agreement with the consent of a parent or guardian. The user must provide all the data required accurately and in full, and keep it up-to-date at all times. At any time b-interaktive is entitled to demand adequate proof of the User’s identity and age of majority or of consent from a parent or guardian.
5. The right of both contractual partners to give extraordinary notice for important cause remains unaffected. An important cause shall especially be deemed the case if the User defaults in payment of any fee and still fails to pay despite being sent a further reminder, or culpably commits any breach of duty that is more than merely insubstantial.
6. On termination of the License Agreement the User’s account is deleted, thus disabling access to b-interaktive’s services. The User is not entitled to have deleted data restored, even on re-registering. As far as the User has already had an appropriate time to make use of the services provided by b-interaktive (e.g. coins, virtual goods), the User is not entitled to any refund.
IV. The right of withdrawal
1. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
2. To exercise the right of withdrawal, you must inform us (b-interaktive GmbH, Ostkirchstr. 177, 44287 Dortmund, Germany, support@binteraktive.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
3. If you withdraw from this contract, all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) shall be reimbursed without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. Such reimbursement will be carried out using the same means of payment as were used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
4. Your right to give notice of revocation expires prematurely in case of contracts for the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and your acknowledgement that your hereby lose your right of withdrawal.
V. Content & Scope of License Agreement
1. Under the License Agreement, the User is authorised to put the games and services provided on the respective platform (also jointly referred to hereinafter as “b-interaktive’s Services”) to personal use for a limited period in accordance with the respective terms stipulated. b-interaktive’s Services are put at the user’s disposal along with the available functions in each case; no right to have certain functions provided exists. b-interaktive is entitled to alter content or functions (e.g. by way of patches, updates or modifications) at any time.
2. If not otherwise specified, b-interaktive’s Services can be used free of charge. However, the User can buy certain units or other content with real money. b-interaktive shall always draw adequate advance attention to fee-paying services.
3. b-interaktive may offer certain units or virtual currencies (e.g. in the form of coins, cash or points) for money under a License Agreement or for individual games, which may be used accordingly depending on the game’s provisions and setup. These units or virtual currencies constitute an element of the game and are thus of no monetary value. In particular, alterations to b-interaktive’s Services may result in changes in how they may be used, as far as acceptable in consideration of the interests of the user. Trading or exchanging the units or virtual currencies into real money is excluded.
4. Under a License Agreement or for individual games, b-interaktive may also offer individual functions, extensions or virtual goods for money. Some of these paid features may also be used in exchange for units or virtual currency; changing them back again is excluded in each case. For the avoidance of doubt, the User is granted a non-exclusive right to use the respective function for a limited period. The granted right of use ends with consumption of the respective feature, or otherwise ends on termination of the License Agreement, if not otherwise specified before the purchase.
5. Whenever units pursuant to Item 4 or features pursuant to Item 5 are provided by b-interaktive free of charge, the User may not derive any rights whatsoever there from. b-interaktive may therefore demand back or erase the units or features concerned at any time.
6. Downtimes may be caused by technical problems beyond b-interaktive’s control. Maintenance work may impair availability; insofar as is possible, it shall be carried out paying consideration to Users. In addition, unannounced maintenance measures may be necessary, such as in the event of unpredictable failures (e.g. due to attacks, viruses). No warranty can be given that the software used by b-interaktive is entirely devoid of errors.
If the User has questions, suggestions or problems, the User can contact support@binteraktive.com.
VI. User’s Obligations
1. When using one of b-interaktive’s Services, the User is under obligation is to comply with b-interaktive’s Code of Conduct. Any instructions and notes issued by b-interaktive are to be heeded by the User as amended at the time. The User is to report to b-interaktive immediately if he or she gains knowledge of any breach of duty by another User or of any violation of b-interaktive’s Code of Conduct. If the User commits any breach of duty, b-interaktive may take appropriate measures (e.g. issue a warning, block or erase content, disable the User’s access to the Service(s), or give notice pursuant to Item 2 above).
2. The User is liable without restriction for his or her own conduct and his or her own account. This applies in particular to any contributions posted and any content used by the User (e.g. photos); It is the User’s sole responsibility that they do not violate statutory regulations, or breach public policy or infringe third-party rights (e.g. copyright, data protection rights) anywhere in the world. b-interaktive is under no obligation to check their accuracy or verify their legality. b-interaktive does not adopt as its own any information, content or statements posted by Users or third parties.
3. On posting content with b-interaktive, the User grants to b-interaktive in perpetuity all the rights required for the provision of the b-interaktive Services, namely to show the content to other Users, to make it publicly accessible on social networks, platforms or b-interaktive’s websites. The User is entitled to withdraw this grant of right by appropriate notice to b-interaktive.
4. The User releases and discharges b-interaktive from all and any claims that are asserted on b-interaktive by third parties due to any breach of duty or infringement of rights that is committed by the User, unless the User is not responsible for such a breach or infringement. Reasonable costs for defending and asserting rights must also be refunded.
VII. Payment
1. Insofar as a fee is charged for the provision of b-interaktive’s Services, the payment in each case is indicated in the game and agreed by and between the contracting parties. The prices given always include statutory turnover tax.
2. For all b-interaktive’s Services for which a fee is charged, the means of payment specified in each case are accepted. On effecting payment, the User is under obligation to provide correct details. b-interaktive is entitled to verify the details provided by the User, or to have this done by third parties; b-interaktive’s Data Protection Policy specifies its use of personal data.
3. Payment is due and payable upon completion of the order process. Delivery/Provision will be effected immediately after a successful transaction.
VIII. Subscriptions
1. The subscription provides access to content or services from within the application on an ongoing basis. Payment will be taken from the respective store account (“Account”) it was purchased on, after confirming the purchase in the application.
2. Trial subscription is offered free of charge for three days. If you do not cancel the subscription within this time period, you will be charged the monthly subscription price when the trial period expires. The subscription begins immediately after the activation of a trial subscription, not after the three-days trial period. You may cancel a subscription during its free trial period in the settings of the device and/or account it was purchased on.
3. Subscription is automatically renewable unless turned off at least 24 hours before the expiration date of the current subscription period. The account will be charged during 24 hours preceding the date of renewal. If it will not be possible to charge your account due to an absence of monetary funds, the invalidity of credit card or for any other reasons, the subscription will be canceled immediately. Once purchased, the subscription can be managed in the subscription settings of your device and/or account.
4. Except when required by law, paid subscription fees are non-refundable. B-interaktive reserves the right to modify the subscription price. Any such change will become effective at the end of the current subscription period. Should the subscription price increase, the automatic renewal will be disabled and you will have to confirm that you wish to renew the subscription manually. You acknowledge and agree that all billing and transaction processes are handled by and are governed by the store that was used to purchase the subscription. If you have any payment related issues, you need to contact the respective stores.
IX. Liability for content
1. b-interaktive is a service provider and liable for own content according to the general statutory provisions. b-interaktive created its own content to the best of its knowledge, but takes no responsibility for correctness, completeness or for being up-to-date. b-interaktive has no influence on design and/or contents of external websites linked on its website. b-interaktive is neither obligated nor in the position to control this content continuously.
2. b-interaktive is neither obligated nor in the position to control and/or to monitor the legality of content uploaded or published by third parties or to investigate illegal actions. This also applies to hyperlinks. b-interaktive does not adopt external content as its own.
3. Should b-interaktive be informed about violation of rights, the content in question will be removed after in-depth assessment. b-interaktive reserves the right to disable and/or remove content made accessible by third parties – including links – permanently.
4. The following provisions on the limitation of b-interaktive’s liability apply to all compensation claims and instances of liability for any legal cause, except for any claims or rights on the part of the User:
- that are based on fraudulent concealment by b-interaktive of any defect, or on the lack of any characteristic guaranteed by b-interaktive;
- that are based on mortal injury, physical harm or health damage;
- that are based on intent or gross negligence on the part of b-interaktive, its statutory representatives or vicarious agents; or
- under product liability law.
5. Each of the aforementioned exceptions shall be governed exclusively by statutory regulations.
6. For those b-interaktive’s Services for which a fee is charged, b-interaktive shall only be liable for negligence where losses or damage are due to a breach of cardinal duty, i.e. a duty having to be performed in order to attain the contractual purpose, or performance of which the User is entitled to rely on. In cases of a breach of cardinal duty, b-interaktive’s liability shall be limited to compensation of the typical damage that b-interaktive could foresee at the time of contract closure. For b-interaktive’s Services for which a fee is charged, b-interaktives’s liability for negligence vis-à-vis Users is excluded in all other respects.
X. Final Provisions, Amendments, Governing Law
1. Claims and partial claims vis-à-vis b-interaktive may not be assigned to third parties. b-interaktive remains entitled to assign its rights vis-à-vis the User, in particular for collection purposes.
2. The User must heed applicable statutory regulations relevant to using b-interaktive games and a mobile device, and in particular comply with any applicable import and export requirements.
3. b-interaktive is entitled at any time to amend or supplement these General Terms of Use and any related provisions (e.g. b-interaktive’s Code of Conduct). b-interaktive shall publish any amendments to these General Terms of Use on its website (www.b-interaktive.com) and will notify the User by providing special notice. If the User makes use of b-interaktive’s Services more than two weeks after any such publication or notification, then it shall be deemed to approve the amended terms; b-interaktive shall draw attention to this consequential effect of continued usage by special notice. If he or she so wishes, the User may otherwise give notice terminating the License Agreement (see Item 2.3 above).
4. Legal relations between the contracting parties shall be governed by German law. The English language version of this document shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
Dortmund, January 10, 2020