Terms and Conditions

1 About these terms

1.1 These Terms and Conditions apply to the download of, access to and use of Majadroid software on any computer, mobile device, on our website or on any other website, device or platform. These Terms and Conditions also apply to any other services we offer in connection with the software or the website, such as customer support, social media, community channels and other websites that we use from time to time (in this areement, our software and other services are collectively referred to as "services"). These Terms and Conditions are a legal agreement and contain important information about your rights and obligations with respect to our services.

1.2 If you do not agree with these Terms and Conditions or any future updates, you may not access and/or use any of our services. If we require that a future amendment to these Terms requires you to act in order to accept the updated Terms, you will be prohibited from continuing to use our services until such action has been taken.

1.3 You enter into a legal agreement with Majadroid, responsible is Maik Hoffmann, company address Maik Hoffmann, Richard-Holz-Str. 1F, 08060 Zwickau, Germany.

1.4 You accept that you agree to these Terms and Conditions and our Privacy Policy when you access and/or use our services.

1.5 You promise that you are at least 13 years old and, if you are between 13 and 18 years old, that your guardian has reviewed these Terms and Conditions and allows you to access and/or use our services.

1.6 You can always view the latest version of these Terms and Conditions on our website majadroid.com. We may make changes to these terms and conditions at any time. If you continue to use the services after the terms and conditions have been updated, this will be construed as your acceptance of the updated terms.

2 About access to and use of our services

2.1 You are responsible for the internet connection and/or mobile charges incurred in accessing and/or using our services. If you are not sure how much these fees are, check with your mobile operator before accessing and/or using our services.

2.2 Our services or any part thereof may not be available at certain times for technical or maintenance reasons, planned or unplanned.

3 Virtual money and virtual goods

3.1 Our games may contain virtual currencies such as gold bars or jewels ("virtual money") and/or items or services for use in our games ("virtual goods"). You agree that once acquired, virtual money / goods have no monetary value and can never be exchanged for real money, real goods or real services of us or others. You agree that virtual money / goods are not transferable to others.

3.2 You acquire a limited personal, revocable license to use virtual goods / virtual money - a credit balance on virtual goods and/or virtual money does not reflect any stored value.

3.3 You agree that all sales of virtual money / goods from us to you are final and we will not refund any transactions once they have been completed. If you are located in the European Union, you have certain rights to withdraw from remote purchases. However, by purchasing a license to use virtual goods / money with us, you agree that the provision of our related services will begin immediately upon purchase, and your right of withdrawal will cease to exist at this time. For the purposes of this section 3.3, a "purchase" is deemed to have been completed once it has been validated by the Google Play Payment Service and the corresponding virtual goods or virtual money have been credited to you successfully in the game.

3.4 If you do not link your game progress on your device to an account linked to either your social network account or a google account, we will not be able to recover virtual money or other data linked to your game progress on any other device, if your device is lost or damaged. Accordingly, devices that are not linked in this way will not be affected:
a) The entire risk of loss of virtual money / goods purchased from us on your device will pass to you upon completion of the purchase in accordance with section 3.3.
b) The entire risk of loss of unearned virtual money / goods on your device passes to you upon successful crediting of the money / good.
c) Any risk of losing any other data related to your progress (including, but not limited to, your progress and/or the level or score you have reached in any of our games) will be transferred to you at the moment the data is generated.

3.5 The data associated with the receipt of virtual goods, whether you have purchased the goods with virtual money or otherwise, will be stored locally on your device and will not be synchronized between different devices, even if you have linked your game progress to a social network account or a google account. Accordingly, the risk of data loss will be transferred to you at the moment (a) that the purchase of the virtual money / goods is completed in accordance with paragraph 3.3, and/or (b) that, in other cases, the relevant virtual money / goods are awarded or credited to you.

3.6 If you are a resident of the European Union, you will receive an invoice from Google for purchases with VAT shown, if you so wish or the law so requires. You agree that such invoices may be issued in electronic format.

3.7 We reserve the right to monitor, regulate, change or remove all virtual funds and virtual goods without liability to you.

3.8 We reserve the right to change the prices of virtual goods / virtual money offered through the services at any time. We may also limit the total amount of virtual goods and virtual money you may purchase at one time and/or the total amount of virtual goods / money that may be aggregated in your App. You may receive virtual money and virtual goods only from us or our authorized partners through the services and not in any other way.

3.9 Purchases of virtual goods and virtual money will be processed through Google Play subject to their terms and conditions of use. The rights of use for different purchases may vary from item to item. If you are unsure about your rights of use, please contact Google Play before making a purchase. Unless otherwise stated, content available within a game is subject to the same age rating as the game.

3.10 Without limiting the validity of sections 3.4 and 6.1, if we block or close your account in accordance with these terms, you will lose all virtual funds / goods and we will not compensate you for such loss or refund.

4 User behavior and content

4.1 You must comply with the laws applicable in the place from which you access our services. If applicable laws restrict your right to use our services, you must comply with such legal restrictions or, if applicable, cease accessing and/or using our services.

4.2 You warrant that all information you provide to us when accessing and/or using our services is true, accurate and complete.

4.3 You are solely responsible for your interactions with other users of our services.

4.4 You will find the specific rules of the game, rating rules, controls and guidelines for our games in the games themselves. These rules, rating rules, controls and policies are part of these Terms and Conditions, and you agree to them in relation to each and every game you access and/or which you play to comply.

5 Playing our games with other users

5.1 Some of our games allow you to play against an opponent, play with other users, or compare your scores / results with other users. There are possibly the following possibilities:
a) You choose to play against an opponent or together with another user.
b) There is an accidental or controlled by us selection of an opponent / player instead.

5.2 If we select another user for you, we may either randomly select the opponent or use criteria that we deem appropriate for your opponents selection (for example, previous scores from you, your country, or the level you have in the game or in have achieved other game activities).

5.3 If you access and/or play any of our games, you agree that your display name, scores, avatar, country of residence, online / offline status and other related details may be shared with other players or for promotional purposes in any media (whether present or future existent) for any purpose without financial compensation may be permanently displayed for you.

6 Violation of these terms and conditions

6.1 We reserve the right, without limitation to other remedies or the paragraphs listed herein, to take the following action with or without notice, individually or collectively, if we reasonably believe that you have committed a material breach of these Terms and Conditions (including repeated minor breaches):
a) Deleting, blocking and/or modifying your access to our services or any part thereof.
b) Modification or removal of virtual money and/or goods associated with you.
c) Reset and/or modify your game progress and the privileges associated with your access, such as scores or levels achieved in our games.

6.2 You agree to indemnify us, in accordance with the law, for all losses, damages, claims and costs that may arise as a result of your breach of these terms and conditions.

7 Availability of our services

7.1 We do not guarantee that our services will be available or error free at any time or at any particular time.

7.2 We warrant only in respect of virtual money / virtual goods and other parts of our Services paid for with real money that they are substantially as described at the time of purchase and of satisfactory quality (and that related services are provided with reasonable care and expertise).

7.3 We have the right to change and update our services without notifying you (provided that such changes do not result in a significant deterioration in the functionality of parts of the services paid for real money).

7.4 We have the right, at our sole discretion, to change or discontinue the services or parts of them that are paid for with real money, provided we give you reasonable notice.

7.5 We make no warranties or proclamation as to the availability of the services we provide free of charge (i.e. without real money payment) and reserve the right, at our sole discretion, to change or discontinue without notice, including the option of playing a game or to discontinue another service for economic reasons (because over time only a limited number of users make use of it), for technical reasons (eg technical difficulties on our part or on the internet) or for improvement the user experience.

7.6 We will not be liable or responsible for any failure to perform or delay in performing our obligations if the cause is beyond our reasonable control.

8 Limitation of liability

8.1 We assume liability for personal injury or death resulting from our negligence or that of our employees, as well as for loss or damage if the liability can not be excluded by law.

8.2 We are not responsible for
a) loss or damage not attributable to our breach of these terms and conditions or negligence
b) any loss or damage reasonably unpredictable by you or us at the time you consent to these Terms and Conditions, including any loss as a result of foreseeable loss. This includes u. data loss, lost opportunities, service interruption, computer or other equipment failure, or financial loss
c) any damage caused by our Services to any equipment you use to access or use our Services, unless such damage is directly caused by our lack of adequate skill and care in providing the Service in question to let
d) an increase in losses or damages resulting from a breach of these terms and conditions
e) technical failures or unavailability of services if these issues are beyond our reasonable control.

8.3 In the event of loss or damage (other than those mentioned in section 8.1 and subject to section 8.2) over a period of 12 months, we shall only be responsible for any loss or damage reasonably foreseeable as a result of our negligence or any breach by our terms and conditions, up to the value of the amount you paid us in the 100 days prior to the date of your claim. Loss or damage is only foreseeable if it was foreseeable by us or you at the time you agreed to these terms and conditions.

8.4 Subject to section 8.5, and unless otherwise stated in these terms and conditions, we make no representation or warranty, express or implied, with respect to our services and you acknowledge that your sole responsibility in the event of any problem or dissatisfaction with our services is to discontinue use of our services.

8.5 All additional legal rights that you as a consumer are not affected by these terms and conditions.

9 Intellectual property

9.1 You acknowledge that all copyright, trademark and other intellectual property rights in and in connection with our services are our property or have been licensed to us.

9.2 If you comply with these terms and conditions, we will grant you a non-exclusive, non-transferable, personal, revocable, limited license to access and/or use our services (but not linked objects and source code) for your private use. Tt is assumed in each case that the use is made in accordance with these terms and conditions. You agree not to use our services for any other purpose.

9.3 You agree that, apart from the license described in these terms and conditions, you do not acquire ownership rights to our services. This applies without restrictions for access to our services, for virtual money and virtual goods.

9.4 You may not copy, distribute, make available to the public, or create derivative works from our services in whole or in part, unless we have given our prior written consent. In particular, you may not use or provide cheats or technological measures to control access to or access to our services, including access to virtual money / goods, free of charge, or otherwise.

10 Transfer of these terms and conditions

10.1 We may transfer all or part of our rights or obligations under these Terms and Conditions to a third party without your consent. You agree that we are entitled to do so, provided that the transfer does not entail any significant disadvantages for you.

10.2 You may not transfer the rights we grant you in accordance with these Terms and Conditions, unless we have given our written consent.

11 Waiver of rights

If we fail to enforce or exercise any of our rights under these terms and conditions, this shall not constitute a waiver of rights. Any waiver of such rights shall only be valid if made in writing and signed by us.

12 Complaints and dispute resolution

12.1 Most problems can be solved easily and unbureaucratically. Simply contact us personally using one of the contact options listed in the imprint.

12.2 The European Union has initiated an online platform for the out-of-court settlement of consumer disputes: http://ec.europa.eu/consumers/odr/

12.3 According to § 36 (1) VSBG (German Law) we are obligated to the following information: We are not obliged and unwilling to participate in a dispute resolution procedure before a consumer arbitration board.

12.4 If, contrary to expectations, we are unable to remedy your problems and you wish to initiate legal proceedings against us, these Terms and Conditions shall be governed by and construed in accordance with the laws of Germany.

13 Jurisdiction and applicable law

You enter into a contract with the company mentioned in section 1.3. German law governs the interpretation of these terms and conditions and applies to claims arising from a breach of this contract, regardless of the principles of conflict of laws. All other claims, including claims under consumer protection laws, unfair competition laws and tort claims, are governed by the law of your state of residence. If disputes arise between us in relation to these terms and conditions, they shall be subject to the jurisdiction of Germany, unless the laws of your state of residence permit them to choose the courts of that country for the matter in question.

14 Severability

If any part of these Terms and Conditions is found to be invalid or unenforceable under local law or by any court of competent jurisdiction, that part will be construed in accordance with applicable law to reflect our original intentions as much as possible and the remainder of these Terms and Conditions will remain in effect valid and enforceable. If it is not possible to interpret an invalid or unenforceable part in accordance with applicable law, that part shall be deemed to have been removed from these terms and conditions without affecting the remaining terms contained herein.

Last update: 23.02.2019