General terms of use
1. Scope of application
This term of use considering the general rules for the usage of Pixelmad Studios UG, Halberstädter Straße 86, 39112 Magdeburg (following “Pixelmad Studios UG”) offered game Soulborn from registered User (following user)
1.2
The Usage of Soulborn is restricted to this general terms of use.
Deviating general terms and conditions of the user are not applicable to the relationship between Pixelmad Studios UG and the user. Insofar Pixelmad Studios UG didn’t agree to any.
1.3
App stores and platforms which are not operated by Pixelmad Studios UG may have their own terms and conditions and privacy policies which apply to the user’s user relationship with the operator of the respective app store or platform.
2. Subject of the contract
2.1
Pixelmad Studios UG offering Soulborn in an free to play version
2.2
Pixelmad Studios UG reserves the right to place Soulborn in other portals and social networks in future.
3. Contract conclusion / Registration
3.1
Requirement for the use of the video game Soulborn offered by Pixelmad Studios UG is a registration of the user via Discord and the joining of the discord server of Soulborn operated by Pixelmad Studios UG. The contract for the use of the services provided by Soulborn comes into effect through the request and the associated license key allocation.
3.2
The registration is done by the request and the associated, automated, issuance of the license key to use Soulborn.
3.3
The user can only be a person of legal age and legal capacity according to the applicable law of his country. Minors require the consent of their parents.
3.4
The languages available for the conclusion of the contract are German and English.
4. Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must inform us (Pixelmad Studios UG, Halberstädter Straße 86, 39112 Magdeburg, E-Mail: info@pixelmadstudios.com) about a clear statement of your decision to revoke this contract. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation (e-mail or sent by post) before the end of the revocation period.
4.1 Consequences of revocation
Upon revocation, the license key and all rights of use of Soulborn expire. All data collected up to this point will be irrevocably and immediately deleted.
4.2 Special instructions
Your right of revocation shall expire prematurely if we have provided the service owed in full and have only commenced performance of the service after you have given your express consent thereto and at the same time confirmed your knowledge that you will lose your right of revocation if we fully perform the contract.
5. General obligations of the user
The user is prohibited from using any software produced by third parties in the games of Pixelmad Studios UG. This applies in particular to bots, cheats or hacks for manipulation of the games and the course of the game or for the increase of virtual objects through automated processes or through any other intervention in the game system or disturbance of the game system. Furthermore, any form of “data mining” and the intrusion into programs or databases of Pixelmad Studios UG is prohibited.
6. Responsibility of users for their own content
6.1
The user is prohibited from posting advertising of any kind and any content that violates the law, in particular right-wing extremist, pornographic, racist, seditionary, insulting, slanderous as well as reputation- and business-damaging content. In case of violations, Pixelmad Studios UG reserves the right to take legal action and delete the content.
6.2
The user is obligated to exempt Pixelmad Studios UG from claims of third parties, which they are entitled to due to a violation of paragraph 2 by the user regardless of the legal basis (including claims according to the copyright law as well as due to violation of personal rights).
7. Rights of Pixelmad Studios UG for breaches of duty by a user
7.1
If there is concrete evidence that the user has violated legal regulations or these terms of use in particular one of the user-related obligations set out in clauses 7 and 8 of these terms of use or if Pixelmad Studios UG has any other justified interest (e.g. to protect other users and to guarantee the regular course of the game), Pixelmad Studios UG has the right to take the following measures without the need for Pixelmad Studios UG to warn the user
- Warning of the user
- temporary or permanent blocking of the user and/or individual player profiles of the user
- termination of the contract of use without notice.
7.2
The user shall not be entitled to compensation of any kind in the event of justified performance of the measures in accordance with paragraph 1 number 2 to 3.
7.3
If the user culpably violates legal regulations or the present terms of use in particular one of the user-related obligations set out in sections 7 or 8 of these terms of use Pixelmad Studios UG is entitled to claim damages from the user on the basis of his or her culpable behavior. The user is obligated to release Pixelmad Studios UG from any claims by third parties which arise from the violation of legal regulations or one of the aforementioned obligations due to the user’s culpable behavior.
8. Liability
8.1
Pixelmad Studios UG is liable for damages to the user according to legal regulations, provided that the damages were caused intentionally or through gross negligence, which are the consequence of the absence of a guaranteed quality of the service, which are based on a culpable violation of essential contractual obligations, which are the consequence of a culpable injury to health, body or life, or for which liability is provided for according to the product liability law. In the case of a merely negligent violation of an essential contractual obligation, the liability of Pixelmad Studios UG is, however, limited to such damages, the occurrence of which must be typically and predictably reckoned with in the course of providing the agreed upon services. This limitation does not apply if damages are the result of an injury to health, body or life.
8.2
Material contractual obligations are those contractual obligations whose fulfilment is essential for the proper execution of the contract and on whose observance the contractual partner may regularly rely, and whose violation on the part of the contractual partner endangers the achievement of the purpose of the contract.
8.3
The liability of Pixelmad Studios UG is excluded regardless of the legal basis.
9. Technical requirements
9.1
The user must ensure that the technical requirements for the smooth use of “Soulborn” are fulfilled. This includes in particular an up-to-date operating system, a stable Internet connection and a sufficiently powerful computer
9.2
Pixelmad Studios UG strives for a smooth operation. Pixelmad Studios UG cannot be held liable in case of technical problems, temporary maintenance work, technical checks, changes in game content or other events which make playing temporarily impossible.
10. Changes to the services and these terms of use
10.1
Pixelmad Studios UG reserves the right to change Soulborn (updates, patches), if this is reasonable for the user.
10.2
Pixelmad Studios UG is furthermore entitled to change these terms of use without a notification of change, if the change:
- is advantageous for the user,
- is necessary to ensure that the terms of use comply with applicable law or to comply with a court or authority decision against Pixelmad Studios UG,
- is necessary to depict new services, functions and offers from Pixelmad Studios UG in the terms of use and no disadvantages arise for users with existing usage relationships,
- is necessary in order to reflect only technical and design changes to the online offer of Pixelmad Studios UG and thereby no significant disadvantages (e.g. loss of game options) for users with existing usage relationships.
Pixelmad Studios UG will inform the user about such changes in the terms of use, for example on the websites of Pixelmad Studios UG.
11. Personal Data
With regard to personal data our privacy policy applies.
12. Other arrangements
12.1
The law of the Federal Republic of Germany shall apply excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the user has his residence remain unaffected by this choice of law.
12.2
Should one or more provisions of these terms of use be invalid this shall not affect the validity of the remaining provisions of these terms of use.