1.1. ComAngle provides Users with a possibility to play online games and use related services on various platforms on the Internet.
1.2. Any individual agreement with the User and any applicable ComAngle Special Terms take priority.
1.3. Any terms and conditions prescribed by the User are excluded from consideration.§2 Contract Closure
2.2. 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, also keep it updated at all times. At any time ComAngle is entitled to demand adequate proof of the User’s identity and age of majority or of consent from a parent or guardian, or to make using specific functions contingent upon such proof.
2.3. A License Agreement is concluded for an undetermined period. On a 7-day period of notice, both contractual partners are entitled at any time to give common notice terminating the License Agreement. Partial notice relating to a specific game is also mandatory. The User may also terminate the License Agreement by deleting its account or the application.
2.4. Both contractual partners have right to give extraordinary notice for important cause. An important cause is the case if the User defaults in payment of any fee and still fails to pay despite being sent a reminder, or culpably commits any breach of duty that is more than merely insubstantial.
2.5. On termination of the License Agreement the User’s account is deleted, thus disabling access to ComAngle’s services. The User is not entitled to have deleted data restored. The User is not entitled to any refund insofar as it has already made use of the services provided by ComAngle (e.g. coins, virtual goods).§3 Content & Scope of License Agreement
3.1. Under the License Agreement, the User is authorised to put the games and services provided on the respective platform (jointly referred to hereinafter as "ComAngle’s Services") to personal use for a limited period in accordance with the respective terms conditioned. ComAngle’s Services are put at the User’s disposal along with the available functions. No right to have certain functions provided exists. ComAngle is entitled at any time to alter content or functions.
3.2. No warranty is given for ComAngle’s Services. In particular, downtimes may be caused by technical problems beyond ComAngle’s control. Maintenance work may impair availability and it shall be carried out paying consideration to users. No warranty can be given that the software used by ComAngle is entirely without errors. The User is not entitled to demand that ComAngle’s Services be provided or kept in a certain condition.
3.3. ComAngle's Services may be fee-paying or free of charge. ComAngle shall always draw in advance adequate attention to fee-paying services.
3.4. By way of a fee-paying service, ComAngle may offer certain units or virtual currencies under a License Agreement or for individual games, which may be used accordingly depending on the agreed terms and the game’s setup. These units or virtual currencies are an element of the game and are thus of no monetary value. Alterations to ComAngle’s Services may result in changes in how they may be used. Trading or exchanging the units or virtual currencies into real money is excluded.
3.5. Under a License Agreement or for individual games, ComAngle may also offer individual functions, add-ons, short cuts or virtual goods as a fee-paying service. Some of these paid features may also be used in exchange for units or virtual currency (see 3.4 above); changing them back again is excluded in each case.
3.6. Units pursuant to Item 3.4 or features pursuant to Item 3.5 are not transferable and may not be otherwise used elsewhere, unless this is permitted under the rules of the game. Transferral in exchange for financial advantages is inadmissible at all times.
3.7. Whenever units pursuant to Item 3.4 or features pursuant to Item 3.5 are provided by ComAngle free of charge, the User may not derive any rights whatsoever there from. ComAngle may therefore demand back or erase the units or features concerned at all times.
3.8. The User is only granted the right to use ComAngle’s Services personally. ComAngle retains all proprietary and other rights in ComAngle’s Services. The User is not entitled to extend its scope of usage.§4 User’s Obligations
4.1. The User is liable without restriction for its own conduct and its own account. This applies in particular to any contributions posted and any content used by the User. ComAngle is under no obligation to check their accuracy or verify their legality. As a matter of principle, ComAngle does not adopt as its own any information posted by Users or third parties. If the User commits any breach of duty, ComAngle may take appropriate measures (e.g. issue a warning, block or erase content, disable the User’s access).
4.2. The User releases and discharges ComAngle from all and any claims that are asserted on ComAngle 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 breach or infringement. Reasonable costs for defending and asserting rights must also be refunded.§5 Payment
5.1. Insofar as a fee is charged for the provision of ComAngle’s Services, the payment in each case is indicated in the game and agreed by and between the contracting parties. The prices given include statutory turnover tax.
5.3. The User must refund to ComAngle all and any costs and expenditures that are incurred on ComAngle for collecting payments (e.g. bank charges, service fees).
5.4. Payment for the respective period of use is due and payable in advance.§6 Limitation of Liability
6.1. The following provisions on the limitation of ComAngle’s liability apply to all compensation claims and instances of liability for whatsoever legal cause, except for any claims or rights on the part of the User:
- that are based on mortal injury, physical harm or health damage;
- that are based on fraudulent concealment by ComAngle of any defect, or on the lack of any characteristic guaranteed by ComAngle;
- that are based on intent or gross negligence on the part of ComAngle, its statutory representatives or vicarious agents;
- or under product liability law.
Each of the aforementioned exceptions shall be governed exclusively by statutory regulations.
6.2. For ComAngle’s Services that are free of charge, ComAngle’s liability for simple negligence is excluded.
6.3. For ComAngle’s Services for which a fee is charged, ComAngle shall only be liable for negligence where losses or damage are due to a breach of 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 this duty, ComAngle’s liability shall be limited to compensation of the typical damage that ComAngle could foresee at the time of contract closure. In terms of amount, liability shall be limited to any payment already made by the User. For ComAngle’s Services for which a fee is charged, ComAngle’s liability for negligence in opposite to users is excluded in all other respects.
6.4. In connection with contractual usage under tenancy law and suchlike, ComAngle’s liability irrespective of fault for errors already existing at the time of contract closure is expressly excluded.§7 Final Provisions, Amendments, Governing Law
7.1. Claims and partial claims vis-à-vis ComAngle may not be assigned to third parties. ComAngle remains entitled to assign its rights vis-à-vis the User, in particular for collection purposes.
) and may also use other means of notification. If the User makes use of ComAngle’s Services more than two weeks after any such publication or notification, then it shall be deemed to approve the amended terms; ComAngle shall draw attention to this consequential effect of continued usage. If it so wishes, the User may otherwise give notice terminating the License Agreement (see Item 2.3 above).