Dear user,

This document presents the general terms and conditions (hereinafter “the GTC”) of the download and free use or purchase (if applicable) of the Game made by Aadvark Gaming Club (hereinafter “Aadvark Gaming Club”).

“The Game” means every game application developed and offered for free download or purchase by Aadvark Gaming Club.

However, regarding the acquisition of fee-based additional content (e.g., virtual game currency), the user will be redirected to a third-party service. Should the user decide to acquire the fee-based content, the contract will be concluded by and between the user and the third party responsible for the payment.

Upon acceptance of the GTC, you agree that you have read and understood them and that you agree to be bound by them as the user of the Game and other services offered by Aadvark Gaming Club.

Clause 1: Scope

1. The GTC governs:

1. the free download or purchase of the Game (where applicable);

2. the use of the Game and its content, where “the Content” means anything related to the Game’s services (e.g. forums), features, websites, etc.

2. While use of the services, web presences, applications, features, or content and related further services is free of charge in principle, the user has the possibility to acquire the right to use special content for the Game from third contracting parties in exchange for payment (if required).

3. Aadvark Gaming Club is constantly developing the Game and the Content, and for this reason only the most recent version of the Game content is available for download. It is recommended that users always use the most up-to-date version the Game that is available. Aadvark Gaming Club is not responsible for any consequences (e.g., direct or indirect losses of any kind) resulting from the use of an un-updated version of the Game.

4. It is the sole responsibility of the user to ensure that the hardware and software that they are using is suitable, up-to-date, and secure.

5. Aadvark Gaming Club offers the download or possibility of download of the Game from a third party as well as the use of the Game in its basic version. Certain features or versions of the Game are only available for an additional fee.

6. Aadvark Gaming Club can provide the user with communication possibilities. These may include in particular, but are not limited to, official forums on the websites operated by Aadvark Gaming Club. Aadvark Gaming Club exclusively provides the technical possibilities for such information exchange, but it does not guarantee them.

Clause 2: The User’s Obligations

1. The user assures that they are 13 or older.

2. If the user is under 13, the conclusion of the contract and use of the Game and the Content may be performed after the prior consent of and under the supervision of a legal representative.

3. The conclusion of the contract may only be performed personally and must not be performed automatically or by a third party.

4. For each of Aadvark Gaming Club’s Games, the user is allowed to use no more than one account, although they may use it on different devices, but only on one at a time.

5. The user undertakes to use their account solely for personal, non-commercial use. They may not use their account for any commercial purpose. The user may not attempt through any means to circumvent technological measures employed to control access to or the rights contained in any account or Content of the Game.

6. The account shall not be transferred to any third party, neither in exchange for payment nor by way of donation.

7. The user shall be prohibited from using the login data of another user.

8. The user undertakes to keep their login data and especially their passwords strictly confidential and to protect them against unauthorized access by third parties. What is meant by “login data” and/or “passwords” is all letters and/or characters and/or number strings used to authenticate the user with the aim to exclude access by unauthorized third parties.

9. If there is suspicion of abuse or the risk of abuse, Aadvark Gaming Club shall be permitted to temporarily block the accounts involved until the suspicion has been eliminated.

10. Manipulative interventions in the Game are prohibited. These include, in particular, the use of software and mechanisms that disturb the Game or that procure an unfair advantage for the user over fellow players, and the creation and/or use of hacks, mods, cheats, bots, data-mining tools, and automated browser plugins.

Clause 3: The Duties of Aadvark Gaming Club

1. During the term of this contract, Aadvark Gaming Club shall allow each user to participate in the downloaded Game free of charge (if applicable).

2. For the avoidance of doubt, the GTC shall apply irrespective of whether the Game is offered as a mobile version (an app), a browser version, or a version for social media platforms. However, this does not mean that Aadvark Gaming Club is obliged to offer the Game in all these platform versions, or that one platform version of the Game must be interoperable with another platform version of the Game (i.e., that the accounts for one version could also be used for another version).

Clause 4: Features and Payments

1. The download of the Game, the connection of the Game with social media accounts, and registration (to the extent provided), as well as the use of the basic version of the Game and the Content, may be free of charge.

2. Some items in the Game and virtual game currency can be collected and/or won free of charge in the Game. The special items and the virtual game currency can be used to activate in the Game so-called features, that is, additional individual services compared with the basic version (hereinafter “Features”). The exact description and functions of the respective Features are shown in detail on the Game’s website.

3. In addition, there may be the possibility of acquiring virtual game currency and Features via the relevant app store or platform, subject to the regulations of these app stores or platforms that are in force.

4. There is no obligation for the user to acquire virtual game currency and Features in exchange for payment.

5. In addition, you may be able to purchase an automatically renewable subscription that unlocks or renews a Feature in the Game. The systems of the respective store platform are used for this purpose and said purchases are subject to its regulations.

6. Aadvark Gaming Club reserves the right to modify or cease to offer the nature, volume, and content of the Features, and the right to offer them in the free basic version.

Clause 5: The Rules of the Game

1. Any use and abuse of the Game and the Content for commercial purposes (e.g., advertising, political or religious expression of opinion, etc.) shall be prohibited.

2. Users who post content shall be personally liable for ensuring that said content does not violate any rights, in particular the copyrights of third parties. Hence, the users shall be personally and directly liable for all claims from third parties. Should Aadvark Gaming Club be held liable for content posted by a user, the user shall indemnify and hold harmless Aadvark Gaming Club against and from any of the costs incurred due to the posting of said content to the extent that the user is to be held liable for the violation.

3. Knowingly disturbing the dialogue between different users is prohibited (e.g., by interrupting a conversation between other members repeatedly, by annoying them, or by creating offensive images or hostilities). Messages that users send to each other in the Game are not private, but public. Therefore, users are requested not to exchange personal information such as email addresses, addresses, last names, telephone numbers, photographs, instant-message names, or the like. Aadvark Gaming Club strongly recommends that users not disclose such personal data for reasons of self-protection. Should there be a suspicion that certain users are attempting to obtain the abovementioned personal data from other users, Aadvark Gaming Club should be informed via [email protected].

4. An entitlement to the provision of communication possibilities does not exist. In addition, the communication possibilities provided by mobile and platform versions of the Game may be limited compared to the browser version owing to technical and/or legal reasons.

5. The user shall not be permitted to use programming errors (commonly referred to as bugs) to their own advantage. If a user detects a bug, they are required to report it by sending an email to [email protected].

Clause 6: The Right to Control

1. Aadvark Gaming Club is the sole owner and/or licensor of the Game and the Content and is fully entitled to verify whether the conduct of the users of the Game and the Content complies with the GTC and to take suitable measures in the case of infringement. Aadvark Gaming Club reserves the right to make unrestricted use of this right if it is deemed necessary.

2. If a user violates any rules defined by the GTC, Aadvark Gaming Club shall be entitled to block or to delete the relevant content, users, and/or characters of user in the Game, and/or to temporarily or permanently exclude the user from the continued use of the Game and/or the Content, and/or to delete their user account in order to protect other users. In this case, the user shall not be entitled to be reimbursed for any payment they have already made.

3. The user shall not be entitled to receive compensation of any nature. Prior to initiating the abovementioned measures, Aadvark Gaming Club may, at its sole discretion, inform or not inform the user to clarify or remedy the infringement.

Clause 7: Copyrights and Industrial Property Rights; Granting of Rights

1. All copyrights, rights of use, and other intellectual property rights related to the Game and the Content rest with Aadvark Gaming Club or are protected in favor of third parties. The user shall only be allowed to use the content made available to them within the scope of the Game and the Content. With respect to the Game, the user merely receives a simple, non-transferable right that must neither be transferred nor sub-licensed and is limited in terms of time to the duration of this contract and the installation and use of the Game on their own devices that have been enabled for the installation of applications from the relevant app store. The user shall delete the Game prior to any alienation of said devices as well as at the end of the contract.

2. Without the express prior approval of Aadvark Gaming Club, which is to be obtained in writing, no user shall be permitted to use, copy, save, process, decompile, reverse engineer, and/or distribute any content of the Game, including texts, images, graphics, characters, logos, pieces of music, sounds, sound sequences, videos, programs, source code, and other information outside the use of the Game and the Content of Aadvark Gaming Club. The user shall be permitted to place a link on the Internet pages operated by Aadvark Gaming Club to the extent that it exclusively serves as a cross-reference. However, Aadvark Gaming Club reserves the right to revoke this permission. Regardless, the incorporation or representation of the Internet pages and/or the Game and the Content operated by Aadvark Gaming Club in a partial window (frame) by means of a hyperlink shall not be permitted. Consequently, the placing of inline or frame links shall be considered as illegal use.

3. The same applies to name rights and other labeling rights. Any use outside the Game and the Content, especially in commercial transactions, shall be prohibited without explicit written approval. This particularly applies to any merchandising articles.

4. Aadvark Gaming Club expressly indicates the following: If a user offers their account or parts of it on the Internet for sale in exchange for payment, this represents an infringing act under copyright law and, if applicable, under labeling law to be prosecuted at the user’s expense, besides being a violation of the user’s essential obligations under the GTC.