General Terms and Conditions
The following General Terms and Conditions apply for the use of online games from Point Publishing LLC (“Point Publishing” or “we”) and their use by you (“player” or “you”) both on our website (e.g. http://point-a2b.com/) and on the websites of third parties such as game portals, news portals or as an applications (App) in social networks (e. g. Facebook) regardless of the country from which you use the service. In addition, the rules of each particular online game are also applicable. Terms and conditions deviating from these terms and conditions are not accepted. You may not use our services if you do not agree to the foregoing.
1. Prerequisites for participation, conclusion of the agreement
- 1.1 Only adults and fully legally competent individuals are eligible to participate.
- 1.2 Laws to which you are subject must permit you to play our games. If this is not the case, you are not allowed to use our services. When using our games, you have to comply with all the laws that apply in the country and/or federal state of your residence. In particular, you acquire no contractual rights if you use our services when the laws and regulations to which you are subject prohibit you from playing our games or when you have not yet reached the minimum required age provided in the laws of your country, i.e. your actions are contrary to the law.
- 1.3 A contractual relationship between you and Point Publishing is only then established when Point Publishing has confirmed a contract pursuant to section 2.1. Point Publishing may refuse to affirm the agreement without providing grounds therefore. The contractual relationship is governed by the provisions of these General Terms and Conditions. In addition, the game rules agreed in the context of participation in the individual games, and other terms and conditions agreed to (e.g. prices for virtual goods confirmed as part of an order placed by you if applicable), are applicable.
- 1.4 You must fill all required fields in the game completely and correctly. If the information submitted by you changes following registration, you are obliged to correct this data immediately. The same applies to your information submitted in social networks which is transferred from the network for use in executing the respective game (e.g. your user name). For this purpose, please consider the data privacy notices as well.
- 1.5 The following rules apply in the event you use a user name as well as a password: The user name may not be identical to an e-mail or Internet address. It may not violate any third party rights or offend public morals. For security reasons, the password submitted by you may not be identical to the user name. You must keep your password secret and by no means may it be disclosed to a third party. You shall be liable for any damages and other consequences resulting from game play and/or dispositions by an unauthorized third party who gains knowledge of your password as a result of a breach of your duty of care.
- 1.6 You are not permitted to register more than once and/or maintain or have more than one player account. The contractual relationship and possible claims of the player from this are not transferable.
- 1.7 Point Publishing reserves the right to make use of particular games conditional upon the fulfillment of other prerequisites such as, for example, minimum age, record of payment, number of already (if required) game rounds played and/or other games or special rules of the games.
- 1.8 You must have Internet access in order to play our games and you are responsible for the currency and adequacy of your hardware and software. To the extent you play our games on a social network (e.g. Facebook), you are also accordingly responsible for your membership in these networks and the use of them.
2. Contractual term and termination
- 2.1 The contract is effective upon confirmation of the agreement by us. This can be confirmed in an e-mail or by an actual activation of the game. The term is indefinite and ends upon termination by the player or Point Publishing.
- 2.2 The player and Point Publishing may properly terminate the agreement at any time effective upon completion of the game in which the player is participating. However, in the case of a paid game, ordinary termination may only be effective upon the end of the term already paid for by the player. Sending an e-mail to email@example.com is sufficient if you want to provide notice of termination.
- 2.3 The legal right of both parties to extraordinary termination for important reason remains unaffected. Point Publishing is entitled to extraordinary termination especially in the situation when the player submits false information in the registration process and/or later change of the data or if the player violates these terms and conditions and Point Publishing has sent a reminder to comply with the terms and conditions without success.
3. Amendments to the General Terms and Conditions and game rules
- Point Publishing reserves the right to amend the General Terms and Conditions and/or the game rules for each game at any time in the future. In this case, we will notify all registered users of the amendments in advance. The amendments shall be deemed as accepted if you do not object to such changes within two weeks after you have been notified of any such amendments. If the player objects to an amendment, we are entitled to terminate the contractual relationship in accordance with the general rules applicable to terminating these Terms and Conditions.
4. Scope of services and participation options, technical requirements and availability
- 4.1 Point Publishing offers selected games. There is no guarantee that certain games will be offered for an indefinite period of time.
- 4.2. The expiration of a game is based on the available game instructions including game rules for each game.
- 4.3 Games offered by Point Publishing are pure games of skill and contain no elements of chance. For example, this includes speed, skills and ability.
- Therefore we recommend that you familiarize yourself with our games before you start playing, either by reading the game instructions or trying the demo versions if available.
- 4.4 The games on offer usually provide an option to play for free. Furthermore, additional variants or functionalities subject to a charge (e.g. additional storyline option, tools, game characters, as well as “life”, other virtual goods) may be offered. The player will be informed of this in accordance with the provisions of applicable law; a player is only subject to a payment obligation where the player has specifically ordered such an option.
- 4.5 Point Publishing ensures 95% technical availability of services calculated per calendar year. Downtimes for which Point Publishing is not responsible, such as those due to necessary maintenance or due to force majeure or technical malfunctions of the Internet, are not included. Consequently, there is no right to continue a game interrupted due to maintenance work with the same score and/or same players after the maintenance work has been completed.
5. Responsibilities and obligations of the player, prohibited practices, exemptions, proprietary rights of Point Publishing
- 5.1 The player provides the following guarantees to Point Publishing:
- a) that he/she is of legal age and a fully legally competent individual;
- b) that he/she is authorized to use the payment methods that he/she uses for potential payments;
- c) he/she ensures that he/she has reached the minimum required age for the participation based on applicable law and has fulfilled all other prerequisites for his/her participation.
- 5.2 The improper use of our service is prohibited. Abuse exists in particular if you:
- a) intentionally give false, misleading or incomplete information (e.g. when you pretend to be another person or incorrectly pretend to belong to another person or organization, e.g. to be a moderator or similar);
- b) open multiple user accounts or when you open a user account at Point Publishing when you are not authorized for it;
- c) cheat, manipulate or attempt to, in particular when you use mechanisms, software or other scripts in connection with the use of our web site, that interfere or could interfere with our web site, or that you use in order to achieve better results than those possible by the sole use of the mouse/keyboard or other adequate input devices such as touchscreen or by the game controls described in the game manual, or in order to affect the game controls of other members of the game in the negative way;
- d) deliberately cause an interference/malfunction in order to affect the game or to end it prematurely;
- e) when you gain advantage or attempt to gain it by unfair conduct of any kind, such as for example deceiving other players, and thus jeopardize fair competition;
- f) practice a combined play with other players or other persons in a manner that can put an unknowing, uninformed player at a disadvantage and in this way reduce his/her fair changes of playing and winning;
- g) use the service or parts of it (including the titles, trademarks and other hallmark or labels) for other personal, private purposes, e.g. for advertising of goods, services or other business activities
- h) violate other obligations arising from the statutory provisions, the General Terms and Conditions and game rules and/or the rights of others
- 5.3 If you communicate with other members in the forums provided for this purpose on our web site, you are obliged to share or to send only the content that:
- a) is free of advertising (including disguised ads);
- b) are neither subjective, deliberately false, malicious, depreciating, defamatory, morally offensive nor pornographic, or that constitute a criminal offense;
- c) do not violate any rights of a third party;
- d) contain no viruses, computer programs or other malware that can affect the functioning of another computer;
- e) are neither surveys nor chain letters;
- f) are not made for the purpose of propagating a political, ideological or religious denomination;
- g) do not serve the purpose of obtaining, saving or using personal data of the members for business purposes in particular.
- 5.4 Point Publishing is entitled to cancel individual games under way in case of abusive conduct – especially upon one of the above mentioned violations – and not to take the results of the relevant member into account. In addition, in case of violation of one of the above mentioned provisions, Point Publishing reserves all legal and contractual claims.
- 5.5 The player is obliged to indemnify Point Publishing for any kind of charges, damages, losses or debts that may result from his/her registration and/or participation in the games, provided that these damages are not willfully or negligently caused by Point Publishing, its legal representatives or subcontractors. The player is obliged in particular to indemnify Point Publishing from any liability and from all obligations, expenses and claims incurred by Point Publishing as a result of improper conduct on the part of the customer such as slander, insults, violation of personal rights, violation of intellectual property rights or other rights of the third party or that result in the outage of services for other customers.
- 5.6 All intellectual property rights and rights of use as well as comparable legal rights in the games including the software in use and the design as well as titles, trademarks and other hallmarks are reserved exclusively by Point Publishing in relation to the player and the user acquires no rights from Point Publishing in this context, and especially no rights of recording, reproduction, publication or other rights of use, not even for private purposes. This applies also for the rights that arise in the course of game play (e.g. possible rights to database or motion pictures).
6. Liability of Point Publishing
- 6.1 In principle, Point Publishing is only liable for the damages of a player within the context of this agreement (a) that have been caused deliberately or due to the gross negligence of Point Publishing, its legal representatives or subcontractors,?(b) from injuries to life, body and health, and that are based on a breach of a duty of Point Publishing or one of its legal representatives or subcontractors or?(c) that have occurred due to violation of an obligation whose fulfillment enables the proper execution of the agreement in the first place and on whose observance the player normally relies and may rely (cardinal duty). In the same manner, Point Publishing is also liable, regardless of the degree of fault, if the damage is based on a violation of a guarantee assumed by Point Publishing or on an organizational fault due to ordinary negligence, or on the Product Liability Act.
- 6.2 Point Publishing’s liability in case described in Paragraph 1 (a) and (b) is unlimited. In case of Paragraph 1 (c) the claim for compensation is limited to foreseeable damages typical to the contract.
- 6.3 In cases other than those described in Paragraph 1 the liability of Point Publishing – regardless of the degree of fault – is excluded.
- 6.4 The above-mentioned limitations of the liability shall apply accordingly to all the institutions, employees and subcontractors of Point Publishing.
7. Regulations for services requiring payment (e.g. virtual goods)
- 7.1 The following terms and conditions apply when a player orders games that are indicated as games requiring payment and/or additional services requiring payment (e.g. from Point Publishing).
- 7.2 The price list specified at the time of concluding this agreement is applicable. The price list in the current version will be made available by Point Publishing on its Internet sites. The agreed fees are to be paid in advance and due immediately. We accept the payment methods specified in the price list at the time of the conclusion of the agreement. Unless otherwise agreed or within the scope of player’s exercise of the right of withdrawal (see below), the fees are not refundable. Insofar as fees have to be refunded as an effect of player’s exercise of his right of withdrawal, Point Publishing and player expressly agree that such refund of fees from Point Publishing to player shall be carried out via bank transfer.
- 7.3 Services requiring payment are in particular so-called virtual goods, as for example additional storyline options, tools, game characters, as well as a “life” in the games of Point Publishing. Virtual goods do not represent any monetary value, and are no means of payment, cash balances, property or any other assets. The player cannot exchange the virtual goods for cash or other cash equivalents, regardless of the way in which he/she acquired these virtual goods. After purchase and payment, they user is only permitted to use them in the way stipulated in the agreement, i.e. in the context of the game for which Point Publishing provided the respective virtual goods and according to the rules of the respective game. Relevant provision of law on blocking in case of suspicion and notice of cancellation, as well as all other relevant provisions of these Terms and Conditions and the game rules, are also applicable in particular to virtual goods acquired by a player.
8. Suspension in case of suspicion
- 8.1 If a violation of rights, or violation of these Terms and Conditions or the game rules, is suspected, Point Publishing is entitled to temporarily suspend the account of the player who aroused this suspicion if the suspension is necessary to avoid any damage to Point Publishing or another player. The right to an extraordinary termination remains unaffected by this.
- 8.2 When a previous warning is reasonable for Point Publishing, the suspension requires the previous warning by Point Publishing, in order to give the player the opportunity to remove the suspicion and to find a remedy. In case a previous warning is not reasonable, e.g. because the temporary suspension is necessary in order to avoid any damage to Point Publishing or another player, Point Publishing will inform the player of the suspension immediately afterward and give him the opportunity to make a statement and find a remedy.
- 8.3. As soon as suspicion is removed, the suspension will be immediately reversed.
- 8.4 Point Publishing can keep the player suspended when Point Publishing is prompted to do so by a court of law or state authorities. The same applies if the cancellation or suspension is necessary in order to avoid any damage to Point Publishing or another player.
- Information about the responsible use of personal information can be found in the privacy notices.
Instructions on Right of Withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Point Publishing LLC, 5225 Quakertown Avenue, Woodland Hills, CA 91364, USA, Tel.: 310-703-4766 / E-Mail: firstname.lastname@example.org )of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
End of instructions on right of withdrawal
MODEL WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the contract)
— To Point Publishing LLC, 5225 Quakertown Avenue, Woodland Hills, CA 91364, USA / E-Mail: email@example.com
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.