IMPORTANT – READ CAREFULLY: These terms of Use (“Terms”) explain how you can use PSYCRAFT GmbH (“PSYCRAFT”) services and PSYCRAFT’s games (“Games”) and/or use PSYCRAFT’s websites that link to these terms of Use (“Website”) (collectively, the “Services”). By using the Services, you agree to these terms. If you don’t agree with these terms or the Privacy Policy, then please do not use the Service.
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
By purchasing or using the Service, you also accept the PSYCRAFT’s Privacy Policy, which is a part of this Agreement. For information on how PSYCRAFT may use your personal information, please review PSYCRAFT’s Privacy Policy.
1. License and Restrictions.
PSYCRAFT grants you a non-exclusive, limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not:
modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, create derivative works of based on or otherwise modifying the Service, in whole or in part;
reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without PSYCRAFT’s express written consent;
making a copy of the Service or any portion of the Service, except as allowed under these terms;
making a copy of the Service, or any portion of the Service, publicly available or available on a network for use or download by multiple users;
use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated or manual method or process to access, retrieve, index, or reproduce the Service or its contents;
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the respective owner;
removing, covering up or modifying any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Service, falsifying or deleting any author attributions, legal notices or other labels of the origin or source of the material;
use any meta-tags or any other “hidden text” utilizing “PSYCRAFT” its affiliates, partners or artists without PSYCRAFT’s express written permission; or
misrepresenting that you own the Service; and
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 PSYCRAFT or third-parties.
2. Age Restrictions.
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 he or she 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. As described in our Privacy Policy, if it comes to PSYCRAFT’s attention that Personal Information has been collected from a person under the age of 13, PSYCRAFT will delete this information. If you believe that PSYCRAFT may have Personal Information from or about a child under the age of 13, please contact PSYCRAFT at protection(at)psycraft(dot)games.
3. Third-Party Product, Services and Links.
PSYCRAFT may offer third-party products and services through the Services. If you use any of these products or services, you assume all risks and possible harm that you may experience when using such third-party products or services. 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 links to other websites. PSYCRAFT has no control over the websites we link to and are not responsible for the availability of for any content, advertising, products, or other materials on or available from those websites. Those websites should have their own terms of use and privacy policies, so be sure to check them out.
4. In-App Purchases.
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 PSYCRAFT’s sole discretion. Virtual Currency are 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.
PSYCRAFT has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained with Virtual Currency. PSYCRAFT has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained via Virtual Currency. PSYCRAFT 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.
5. Title.
Unless otherwise specified in these terms, PSYCRAFT retains all right, title, ownership, interest and all related patent, copyright, trademark, trade secret, moral right, privacy right, right of publicity, or any other intellectual property rights in and to the Services including all content included in the Services (collectively the “PSYCRAFT Content”). The names, logos, graphics, icons, and service names associated with the PSYCRAFT Content are the copyrights, trademarks, registered trademarks or trade dress of PSYCRAFT or its licensors.
6. Disclaimer of Warranty and Limit of Liability.
PSYCRAFT 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, PSYCRAFT 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 PSYCRAFT SERVICES IS AT YOUR SOLE RISK.
PSYCRAFT 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 PSYCRAFT IS NOT LIABLE, AND YOU AGREE NOT TO HOLD PSYCRAFT 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.
7. Indemnification.
You agree to hold harmless, indemnify and defend PSYCRAFT, 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 use of the Services, your violation of these terms, or your violation of any law, regulation or third-party right. Without limiting your indemnification obligations described herein, PSYCRAFT reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
8. Termination.
These terms will automatically terminate if you fail to comply with any term hereof. You and PSYCRAFT 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 5-8, 10, 11 and 13 shall survive any termination.
9. No Assignment.
These terms and the licenses granted to you herein are personal to you and may not be assigned prior to obtaining PSYCRAFT’s express written consent.
10. Disputes
These terms and all disputes and claims relating in any way to, or arising out of, these terms or the Services, will be governed by the laws of the Federal Republic of Germany, without regard to the conflicts of laws principle. In any dispute relating to this Agreement the parties consent to the exclusive venue and jurisdiction of the state and federal courts of Free and Hanseatic City of Hamburg (Germany) and shall be the place of jurisdiction.
11. Infringement Notification.
Any claims related to the Services should be addressed to:
Email: infringement(at)psycraft(dot)games
12. Feedback.
PSYCRAFT does not accept unsolicited feedback, suggestions or other information about the Services, the PSYCRAFT Content or other aspects of its business. If you provide PSYCRAFT with feedback or other ideas, you agree that PSYCRAFT 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.
13. 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 PSYCRAFT 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 PSYCRAFT. You agree that your breach of these terms will cause PSYCRAFT immediate and irreparable harm and PSYCRAFT will be entitled, notwithstanding Section 11 above, to seek injunctive relief without the necessity of posting bond. PSYCRAFT 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.
PSYCRAFT 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. PSYCRAFT may transfer or assign the Services, these terms, or the Privacy Policy, in whole or in part, to any third-party of PSYCRAFT’s choosing. These terms will inure to the benefit of and be binding upon PSYCRAFT’s respective successors and assigns.
CONTACT US. If you have questions regarding these terms, please contact us at:
PSYCRAFT
Address: Lutterothstraße 103 20255 Hamburg, Germany
E-mail: webmaster(at)psycraft(dot)games
