Terms of Services and Use
Last Updated: September 27, 2017
These Terms of Services and Use, as amended from time to time, inform and govern your use of any game, and/or websites and/or services offered by Koch Media GmbH, Gewerbegebiet 1, A-6604 Hoefen, Austria or any its subsidiaries and affiliates (collectively, “Koch Media”).
Before downloading, installing, accessing and/or using any game, products (real and/or virtual) and/or services and/or websites please carefully read the following Terms. This Agreement is an electronic agreement that sets out the legally binding terms of your use of any game, service, and /or website from Koch Media (which includes all games, services, and /or websites released under the Koch Media labels Deep Silver, Ravenscourt, Deep Silver Dambuster and Deep Silver Volition) or register for any Koch Media account. When you use any game, service, and /or website from Koch Media you agree that you are at least 14 years old (or such other minimum age as is applicable in your country of residence), have the full legal right, authority and capacity to enter into this Agreement and that you have read, understood and agree to be bound by the terms of this Agreement. If you do not agree to this Terms, please do not use any Koch Media website, online or offline product or service. If you are younger than 14 years, you can only download or connect to our games, if your parent(s) or legal guardian have/has reviewed these Terms and allowed you to play our games subject to these Terms.
If you are a parent or guardian, Koch Media recommends that you monitor your children’s online activities. To protect your children’s privacy, Koch Media advises you to check that your children never disclose their personal data without your prior consent.
Koch Media restricts access to certain services on age grounds or in certain jurisdictions for certain services. Koch Media may allow a Child to register for certain services with parental approval. Koch Media reserves the right to ask for written proof of parental consent for any user or potential user we suspect is a minor. Parental consent applies exclusively to the specific services for which it has been granted.
In all cases, use of the Services by minors must take place under the responsibility of their parents or legal guardians and any use of the Services is assumed to have been validated by them. AS FAR AS IS PERMITTED BY APPLICABLE LEGISLATION, KOCH MEDIA DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES WHICH MAY BE CONDUCTED BY MINORS WITHOUT THE PERMISSION OF THEIR PARENTS OR LEGAL GUARDIANS. IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO RESISTER FOR ONE OR OTHER OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at www.staysafe.org.
Some games may be downloaded from third party websites. You must also accept and comply with all rules of external platforms applicable to a specific game, including but not limited to Apple iTunes App Store or Google Play Store (the “Apple or Google Site”) Amazon App Store, the Xbox Live©, PlayStation©Network and Valves Steam. Koch Media has no control over the rules of the external sites. Any such terms are in addition to these Terms, and in the event of a conflict, prevail over these Terms.
If you download a game, you must be aware of the following restriction:
A download of a game is not permitted if you reside in a country that is subject to an official ban by the government of the USA or which the government of the USA has determined a country that supports terrorism. When you download games via any store, as a user, you therefore assure that you do not reside in a country which is subject to an official ban by the US government or in a country which the US government has determined to be a country “supporting terrorism”; and that you are not on any list of “prohibited or restricted parties” as published by the US government.
Updates to Terms
Koch Media reserve the right to modify and update this Terms at any time in accordance with applicable laws. If we change our Terms, we will post those changes to this Terms, the website, on the game screen or other places. If we make material or significant changes to this Terms, we will notify you by email or by a notice on the applicable websites or during log in. Please visit this page frequently. Revisions to the Terms affecting existing Koch Media services shall be effective thirty (30) days after posting. Your continued use of our websites, games, online and/or any Koch Media services will signify your acceptance of the changes to our Terms.
Registration/ Koch Media Account.
Upon registration you will be asked to choose a password and a user/account name. Account names and personas are tied to your account. You are entirely responsible for maintaining the confidentiality of your password and account. You should not reveal your account password or other log-in data to others. You may not use a user/account name that is considered by Koch Media to be vulgar or otherwise offensive, infringes any trademark or other proprietary rights of others, is already in use, or is used in any way that violates the Terms or any laws or regulations. You are solely responsible for all activity on your account. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by Koch Media or another party due to someone else using your account or password. You will only create one unique profile. You agree to notify Koch Media immediately of any unauthorized use or theft of your account or any other breach of security and to provide properly documented evidence as reasonably requested by Koch Media. Furthermore, it is strictly prohibited to sell or assign your account to someone else. Please not that Koch Media will not ask you to reveal your password or initiate contact with you asking for answers to your password security questions. Koch Media is authorized to delete the user account if there are grounds justifying this (e.g. if user accounts without a membership are inactive for longer periods of time, if someone else uses it to engage in activity that violates the Terms or is otherwise improper or illegal).
You may pay fees using the methods available for the particular Koch Media service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary. When you provide credit card or other payment information to Koch Media and/or its payment providers, you represent to Koch Media and/or its payment providers that you are the authorized user of the credit card or other payment method. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Koch Media and/or its payment providers if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting Koch Media’s or the payment provider’s customer service (as applicable). Koch Media reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you. As the Account holder, you are responsible for all usages all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends. We may provide links to other websites. Some of these web sites may charge separate fees which are not included in any fees that you may pay to Koch Media. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
Some Koch Media games or websites may contain the ability to create, modify, design, upload, embellish, or otherwise alter objects or other elements (“User Content”). You agree and acknowledge that user photos and videos are owned by the respective users and not by Koch Media.
Although the games and/or websites can be used to provide you with access to User Content, neither these Terms nor your use of any game override User Content owners’ requirements and restrictions, which may include “all rights reserved” notices. Creative Commons licenses or other terms and conditions may be agreed upon between you and the owners. IN ALL CASES, YOU ARE SOLELY RESPONSIBLE FOR MAKING USE OF USER CONTENT IN COMPLIANCE WITH OWNERS’ REQUIREMENTS OR RESTRICTIONS.
Some User Content has elements of content that some may regard as excessively violent, vulgar, distasteful, explicit, sexually provocative, lewd, crude, hateful, taunting, harassing, threatening, and otherwise of questionable taste. If you object to or are sensitive to such content, and do not want to be exposed to it, please do not proceed.
All Koch Media services (e.g. games and websites) are intended solely for your personal, noncommercial use in accordance with these Terms. The use for business or commercial purposes is prohibited, unless Koch Media gives the prior written consent.
You agree that you will not, unless specifically permitted by Koch Media (i) copy, display or distribute any part of the games, websites or other Koch Media services in any medium, without Koch Media’s prior written consent, or (ii) alter or modify any part of a games, websites or other Koch Media services other than as may be reasonably necessary to use a game and/or the website for their intended purpose(s). You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available in a game, or to manipulate a game and/or a third party site in any manner not consistent with its or their intended purpose(s). You will take no action to interfere with, interrupt, destroy or limit the functionality of any games, websites or other Koch Media services, or any computer software or hardware or telecommunications equipment. You will not use the games, websites and/or other Koch Media services in any manner that could damage, disable, overburden, or impair any Koch Media server, or the network(s) connected to any Koch Media server, or interfere with any other party’s use and enjoyment of the games, websites and/or other Koch Media services. You will not attempt to gain unauthorized access to the games, websites and/or other Koch Media services, other accounts, computer systems or networks connected to any Koch Media server or to any game and/or third party site, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the games, websites and/or other Koch Media services. You will not reverse engineer, decompile or disassemble any software, games, websites and/or other Koch Media services and/or third party sites, including any proprietary communications protocol used by Koch Media. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the websites of the games so long as the link does not portray Koch Media, any game, and/or services in a false, misleading, derogatory, or otherwise offensive manner or express or imply any endorsement by Koch Media of the site from which you are linking. Further, the site from which you are linking to our games must not contain any obscene, defamatory, pornographic, offensive or illegal content.
Further, you must not use the game, website and/or the included communication services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Further, you must not publish, post, upload, transmit, distribute or disseminate content that Koch Media determines is beyond the acceptable level of content Koch Media has set for the game such as content that is illegal, harmful, abusive, threatening, vulgar, distasteful, sexually explicit, political, defamatory, obscene, embarrassing, unwanted, rude, hateful or racially, ethnically, sexually, or, in a reasonable person’s view, otherwise offensive or objectionable, or encourage others to do so. Furthermore, you may not use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity, unless you have first received permission from the owner of those rights to use the materials in this manner. Further, you must upload files that contain viruses, trojan horses, worms, time bombs, cancel bots, corrupted files or data, or any other similar software or programs that may damage the operation of a game or other users’ computers.
Except as expressly authorized by Koch Media, you may not advertise or offer to sell or buy any goods or services for any purpose, unless the software specifically allow such messages. You further may not falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Further may not impersonate or create a false identity (such as a celebrity or Koch Media representative) for the purpose of misleading others. May not use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users or other user or usage information or any portion thereof. May not improperly use support or complaint buttons or make false reports to Koch Media administrators. May also not use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications. May not use a bulletin board or other communications service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity). May not use any software for fraudulent transactions and /or sell, buy, or transfer access to your account. May not exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage. Maintain more than one account.
Please note that Koch Media will need to operate a zero tolerance policy. If any such aforementioned behavior is detected, your access to the games may be terminated with or without additional notice to you.
Virtual Ingame Assets
When using some games you may purchase virtual ingame assets, including, without limitation, weapons, objects, artifacts, currency, items, equipment, and/or other value or status indicators inside our games to speed up gameplay and progress in the games by spending real money (“Ingame Assets”). All Ingame Assets exist on servers only as data. Ingame Assets cannot be exchanged into real money. INGAME ASSETS ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. You understand that you do not own Ingame Assets, but acquire a limited license to use Ingame Assets according to the specific game’s gameplay. You acknowledge and agree that such Ingame Assets are accumulated as part of your account and therefore you shall have no ownership or other property interest in any Ingame Assets. Koch Media does not provide or guarantee, and expressly disclaims any value, cash or otherwise, real or virtual, attributed to any data residing on servers operated by Koch Media, including without limitation the Ingame assets associated with your account. You further acknowledge and agree that Koch Media has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Ingame Assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you.
The sale or transfer of items of Ingame Assets or virtual currency between users may only be conducted via services approved of and provided by Koch Media, if any, and Koch Media may terminate any account that acts in contravention of this prohibition.
NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF KOCH MEDIA. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE GAMES OR INGAME ASSETS THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR ANY OF THE FOREGOING. FURTHERMORE, KOCH MEDIA WILL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME OR INGAME ASSETS, INCLUDING, BUT NOT LIMITED TO, THE DELETION OF VIRTUAL CURRENCY AND/OR INVENTORY UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT, OR DISCONTINUATION OF A GAME.
Some games may contain the ability to create, modify, design, embellish, or otherwise alter objects or other elements in the game. You agree to use this only to customize your own playing experience within the game. Some games may also contain the ability to send messages and other communications to other players or to post messages to public forums. You agree to use the communication services only to post, send and receive messages and material that are proper and, when applicable, related to the games.
Koch Media has no obligation to monitor the User Content. However, Koch Media reserves the right to review and remove any User Content at any time, without notice, for any reason and in its sole discretion. Koch Media specifically disclaims any liability with regard to the User Content. If you encounter something you find objectionable and in violation of these Terms, you can report it to customer service.
By submitting User Content to the games, websites and/or other Koch Media services, you grant to Koch Media, and its successors in business and assigns, employees, licensees, agents, representatives and other authorized users of the game and any communication Services, a perpetual, irrevocable, worldwide, exclusive royalty free license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from, and market and promote the User Content, for any commercial or noncommercial purposes, and in any medium now existing or hereinafter developed without your prior approval or the payment of any compensation and without notice. You also grant each user of the games and/or websites a nonexclusive license to access your User Content as permitted through the functionality of the games and the website (as applicable) and under these Terms. To the extent permitted by applicable laws, you hereby waive any moral rights and rental rights you may have in the User Content you submit.
You acknowledge and agree that your communications via the games, any communication services (whether or not part of a game) are public and not private communications and Koch Media is not responsible for information that you choose to communicate to other users, or for the actions of other users. You understand and agree that when you communicate with other players within a game or utilize any interactive features available on a game, such as instant messaging, forums or chat rooms, such communications and postings are transmitted through our servers, and we may, but are not obligated to, monitor all such communications and postings. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.
Koch Media’s company policy does not allow us or any of our employees to accept or consider any unsolicited ideas, suggestions, proposals, comments or materials. The purpose of this Terms is to avoid potential misunderstandings or disputes if products, services or features developed or published by Koch Media might appear to be similar or identical to ideas that may have independently occurred to you. If, despite our request that you not send us your ideas, you still choose to submit them to Koch Media, then regardless of what your letter says, the following terms shall apply. You agree that:
All unsolicited ideas, suggestions, proposals, comments or materials shall be deemed non-confidential and non-proprietary. Koch Media shall have no obligations, including but not limited to, no obligation to review or return any materials. Koch Media may use, redistribute, or any disclose unsolicited ideas, suggestions, proposals, comments or materials worldwide without any restriction, in any way and for any purpose whatsoever, commercial or otherwise, without any compensation or credit obligation to you or any third party.
User Requirements. You agree that you will not:
- Use any game, communication services, and/or websites in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Publish, post, upload, transmit, distribute or disseminate content that Koch Media determines is beyond the acceptable level of content Koch Media has set for the games such as content that is illegal, harmful, abusive, threatening, vulgar, distasteful, sexually explicit, political, defamatory, obscene, embarrassing, unwanted, rude, hateful or racially, ethnically, sexually, or, in a reasonable person’s view, otherwise offensive or objectionable, or encourage others to do so.
- Use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity, unless you have first received permission from the owner of those rights to use the materials in this manner.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or data, or any other similar software or programs that may damage the operation of a game and/or websites and/or other users’ computers.
- Except as expressly authorized by Koch Media, advertise or offer to sell or buy any goods or services for any purpose, unless the game and/or the websites specifically allow such messages.
- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Impersonate or create a false identity (such as a celebrity or Koch Media representative) for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users or other user or usage information or any portion thereof.
- Improperly use support or complaint buttons or make false reports to Koch Media administrators.
- Use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
- Use a bulletin board or other communications service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
- Use a game and/or the web site for fraudulent transactions.
- Sell, buy, or transfer access to your account.
- Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.
- Maintain more than one account.
If you consider that any content made available on any service by users does not comply with these Terms, you may report this to Koch Media by sending an e-mail or a letter to the following address.
To Koch Media GmbH, Gewerbegebiet 1, A-6604 Hoefen, Austria, E-Mail email@example.com.
Termination by Koch Media
Koch Media may terminate any Koch Media games, websites and/or services at any time by giving you notice of such termination within the time period specified when you joined the particular Koch Media service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable Koch Media game, websites and/or service. Koch Media reserves the right to deny any user access to the games and the websites or suspend or terminate your access to the games and/or the websites and/or other services (e.g. account), in whole or in part, without notice, for any material violations of this Agreement. A material violation is inter alia established if
- You are in default of payment of fees and fails to pay despite having received a reminder
- There are actual circumstances that indicate that your conduct is significantly and negatively impacting on the game experience of the other users
- You materially breaches laws, the provisions contained in these Terms, supplementary applicable conditions and/or Rules, unless you are not responsible for the violation.
We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under our absolute discretion. Every cancellation/termination may be communicated via email. However, you acknowledge that Koch Media is not required to provide you notice before terminating any services. If Koch Media terminates, you may not participate in a Koch Media service again without Koch Media’s express permission. All terms that by their nature may survive termination of this Terms shall be deemed to survive such termination.
Termination by User
You have the right to terminate your account or a particular Koch Media service at any time. If you do not agree to the terms in these Terms, your sole remedy is to not use Koch Media services and to terminate your account or any applicable services. All terms that by their nature may survive termination of this Terms shall be deemed to survive such termination.
All material published in any game and/or on the websites and/or other services including, but not limited to text, photographs, video, graphics, music, images, animations, audio, text, “applets” incorporated into the software data, sounds, messages, comments, ratings, and other materials in the games and/or on the website (together “Content”) is owned by Koch Media or its licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. Koch Media owns a copyright or is a licensee in the selection, coordination, arrangement and enhancement of such content and one or more copyrights in and to the games. All trademarks, service marks, trade names are proprietary to Koch Media and/or its licensors or licensees. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the trademarks, the Content, the games, in whole or in part, without Koch Media’s prior written consent. You may download Content for your personal, noncommercial use only as provided in these Terms, or as may be otherwise permitted by Koch Media from time to time, provided that you do not alter any such Content and you keep intact all copyright and other proprietary notices and you do not use the Content in any way that would express or imply an association between you and the products and services of Koch Media or any third party. You acknowledge that you do not acquire any ownership rights in any Content downloaded from the games and/or the websites. Copying or storing of Content for other than personal use is expressly prohibited without prior written permission from Koch Media or the owner of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Koch Media with-out express written consent of Koch Media. You may not use any Meta tags or any other “hidden text” utilizing Koch Media’s name or trademarks without the express written consent of Koch Media. You may not use any Koch Media logo or other proprietary graphic or trademark as part of the link without express written permission. Any use(s) not permitted by these Term automatically terminates all permissions or licenses granted by Koch Media in these Terms. Koch Media may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless Koch Media from any unauthorized or illegal conduct by you, or through the use of your account.
Except for allowing you to use the games and/or the web site for your personal noncommercial use as set forth in the paragraph above, when you use a game and/or the website, you are not receiving a license or any other rights from Koch Media, including intellectual property or other proprietary rights of Koch Media. You understand that you have no rights to any game and/or the websites or any other Koch Media property except as we indicate in these Terms.
You may be able to access other websites or resources through links in the games and/or on the websites. Because Koch Media has no control over any third party sites and resources, you acknowledge and agree Koch Media is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials available from such sites or resources nor does Koch Media endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that Koch Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such third party sites or resource(s).
In its sole discretion, Koch Media may contact you to propose that you review and evaluate one or more games, aspects of games, online features or any services prior to commercial release for the purpose of identifying program errors and bugs and/or improve their functioning (“Beta Test”).
If you agree to a Beta Test, you must sign and return to Koch Media a Beta Test Confidentiality Agreement (“Confidentiality Agreement”) for each specific Beta Test BEFORE any software will be provided or made accessible to you.
In connection with the Beta Test, Koch Media may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the Koch Media site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of Koch Media. “Confidential Information” shall mean any information designated as confidential, any information relating to Koch Media’s products, plans, product designs, product costs, product prices, product names, personnel, research, development, know-how and/or source codes, including without limitation its underlying logic and concepts. You shall use Confidential Information solely to the limited extent necessary for the Beta Test. You shall prevent and not allow any Confidential Information to be disclosed, used, sold, assigned, leased, sub-licensed, commercially exploited or marketed in any way or manner. At the earlier of (a) the end of the Beta Test (b) the date that Koch Media request you to return or destroy the Confidential Information you shall immediately discontinue the use of the Confidential Information and return the Confidential Information and all copies thereof in all material forms to Koch Media. Notwithstanding the completion of the Beta Test Confidential Information shall remain confidential in perpetuity. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.
You must perform the Beta Test personally and must not provide access to pre-release materials to any other person. You will be asked to inform Koch Media of your reactions and suggestions following your experience of the games, game elements, content and/or services in the Beta Test. All comments, feedback, suggestions, ideas, criticisms and other data passed on, disclosed or offered to Koch Media in the course of the Beta Tests, or more generally in the course of use of the services, will be the exclusive property of Koch Media. You therefore agree not to make your feedback accessible by any means or process to any outside party other than Koch Media. You acknowledge that, unless prohibited from doing so under the applicable legislation, Koch Media may use, sell, promote and exploit the feedback in any way, without restriction and without compensation to you.
You agree that breach of the above obligations will cause irreparable harm to Koch Media, and Koch Media is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the games provided for the Beta Test confidential will continue until Koch Media publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
Upon request, you agree to immediately return to Koch Media all copies of the pre-release copy and confidential or proprietary information Koch Media provided to you. You are invited to play pre-released games for the sole purpose of evaluating the games and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an “as is” and “as available” basis and we make no warranty to you of any kind, express or implied. When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status. You explicitly agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) Koch Media has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) Koch Media ‘s Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person. Beta Test accounts are non-transferable under any circumstances.
Health of game users
Koch Media advises you to take the following precautions in all cases when using a video game. Avoid playing if you are tired and/or short of sleep. Make sure that you play in a well lit room and moderate the brightness of your screen. When you play a video game requiring connection to a screen, play at a good distance from the screen and as far away as the connection lead allows. While using the game, take breaks of ten (10) to fifteen (15) minutes every hour.
Some individuals are liable to have epileptic fits including, in certain cases, loss of consciousness, particularly when exposed to strong luminous stimulations (rapid succession of images or repetition of simple geometrical figures, flashes or exposures). Such individuals are exposed to risks of fits when they play certain video games containing such luminous stimulations; consult your doctor before any use. Parents must also pay particularly close attention to their children when they play video games. If you or your child present one of the following symptoms: dizziness, vision problems, contraction of the eyes or muscles, disorientation, involuntary movement or convulsions or momentary loss of consciousness, you must immediately stop playing and consult a doctor.
Right of withdrawal
For users subject to the jurisdiction of the European Union the following shall apply:
You have the right to withdraw from this Agreement within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of concluding this Agreement.
To exercise your right of withdrawal, you need to inform us (Koch Media GmbH, Gewerbegebiet 1, A-6604 Hoefen, Austria, E-Mail firstname.lastname@example.org,) of your decision to withdraw from this Agreement with a clear declaration (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 that you send the notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw this Agreement, 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 this Agreement. 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.
Sample withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
To Koch Media GmbH, Gewerbegebiet 1, A-6604 Hoefen, Austria, 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.
Special Information for the withdrawal
Please note that your right to withdraw expires prior to the expiry of 14 days, if we have provided services to you immediately upon the start of this Agreement and have informed you about such prior expiry before providing services and have received your consent thereto.
Technical Protective Measures
Certain Koch Media games and services may be protected by technical protection measures and digital rights management, particularly, without limitation, physical protection, tattooing (watermarking), digital keys and online activation. A broadband internet connection and the creation of a Koch Media account might be necessary to access the online functions and to play online, and, in certain cases, to unlock exclusive contents. Such exclusive contents may be unlocked once only with a unique key. For all games and services incorporating orbit digital rights management technology, a permanent broadband internet connection and the creation of a Koch Media account might be necessary to play said games or access said services at any time. Koch Media may cancel access to one or more online functions subject to notification with prior notice of 30 (thirty) days on the Koch Media websites of the game or services concerned.
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF ANY GAME, THE WEBSITES, AND/OR COMMUNICATION SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE GAMES AND/OR THE WEBSITES ARE PROVIDED ON AN “AS IS” “WHEREIS” AND “WHERE AND WHEN AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT KOCH MEDIA MAKES NO WARRANTY THAT THE GAMES AND/OR THE WEBSITES AND/OR COMMUNICATION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE. YOU UNDERSTAND THAT KOCH MEDIA DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF ANY GAME AND/OR THE WEBSITES AND/OR COMMUNICATION SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER(S) SET FORTH IN THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT AND/OR MATERIALS CONTAINED IN THE GAMES AND/OR THE WEBSITES AND/OR COMMUNICATION SERVICES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE GAMES AND/OR THE WEBSITES.
TO THE FULLEST EXTENT PERMITTED BY LAW, KOCH MEDIA DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, CONTINUOUS AND/OR ERRORFREE OPERATION, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE GAMES AND/OR THE WEBSITES.
Liability Limitation for users based outside the European Union
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KOCH MEDIA OR ITS AFFILIATES AND SUBSIDIARIES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND/OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NONPERFORMANCE OF THE GAMES AND/OR THE WEBSITES, EVEN IF KOCH MEDIA HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH CLAIMS OF DAMAGES MAY HAVE BEEN SUSTAINED ANYWHERE IN THE WORLD IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL KOCH MEDIA, ITS LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND ITS OR THEIR REASONABLE CONTROL. KOCH MEDIA MAY CHANGE OR DELETE CONTENT OR FEATURES IN THE GAMES AND/OR THE WEBSITES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Liability Limitation for users based in the European Union
Koch Media is liable according to the statutory provisions for damage/loss sustained by a user and caused deliberately or through the gross negligence of Koch Media or its vicarious agents. It is likewise liable for personal injury and damage within the definition of the Product Liability Law. Otherwise Koch Media’s liability in relation to compensation claims – irrespective of the legal basis – is limited in accordance with the following provisions, unless otherwise provided for under a guarantee made by Koch Media:
In relation to damage/loss caused by ordinary negligence, Koch Media shall only be liable insofar as the matter relates to a breach of material contractual duties. Material contractual duties are those contractual obligations the fulfilment of which is strictly necessary in order that the agreement can be duly executed, whereby the user should normally be able to rely on these duties being fulfilled. In the event that Koch Media is hereby liable for ordinary negligence, the liability Koch Media will be limited to that damage/loss which is foreseeable and typical for this type of agreement. The liability of Koch Media in relation to data and/or programs lost due to Koch Media’s ordinary negligence shall be limited to the typical recovery costs that would have been sustained by the user had he implemented regular data backup measures which are reasonable in view of all the circumstances.
The provisions set out in the foregoing sub-paragraphs also correspondingly apply to the duty to compensate futile expenditure. The aforementioned disclaimers likewise apply in favor of Koch Media’s vicarious agents.
Koch Media is not liable for any costs sustained by the user availing of services not explicitly offered by Koch Media itself. This applies particularly to costs incurred due to the data transfer to and from the user’s terminal device as well as for any costs sustained by the user in using payment systems.
Any form of strict liability is excluded in respect of malfunctions in the Koch media services existing at the start of the service provision; i.e. Koch Media is only liable insofar as Koch Media or its vicarious agents is responsible for this.
You understand that you are personally responsible for your behavior while playing any game and/or while you are on the websites and agree to indemnify and hold Koch Media and its and their affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that the Indemnified Parties may incur in connection with any claim(s) or threatened claim(s) arising out of or related to your use of any game and/or the websites or your violation of these Terms, applicable law, or the rights of any third party.
Access to Services
Koch Media reserves the right to perform system upgrades, regular or planned or unplanned maintenance to the games and/or the websites due, for example, and not in limitation, to technology improvements or bugs, and you may or may not be notified of these changes before they occur. Koch Media also reserves the right to change, modify, discontinue, suspend or abandon the games and/or the websites at any time for any reason or for no reason with or without notice to you, and it will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
If you live in the United States of America, Canada or Japan, you agree that these Terms shall be construed under laws of Illinois, USA, and you consent to the exclusive jurisdiction of the Courts located in Champaign, Illinois USA.
If you live outside the USA, Canada or Japan (e.g. in the EEA, Switzerland), you agree that these Terms shall be construed under laws of Austria, and you consent to the exclusive jurisdiction of the Austrian Courts.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Koch Media’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
These Terms and the policies incorporated herein, are the entire agreement between you and Koch Media. They supersede any and all prior or contemporaneous agreements between you and Koch Media relating to your use of any game and/or the websites. Your own terms and conditions expressly do not form a part of this Agreement. Koch Media may assign these Terms, in whole or in part, at any time. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this Agreement. The failure of Koch Media to partially or fully exercise any rights or the waiver of Koch Media of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Koch Media or be deemed a waiver by Koch Media of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Koch Media under these Terms and any other applicable agreement between you and Koch Media shall be cumulative, and the exercise of any such right or remedy shall not limit Koch Media’s right to exercise any other right or remedy.