Bauer-Live - Terms of Use

About these terms

1.1 These terms create a legal agreement between you (“ you” or “ your”) and Bauer-Live Softwaredevelopment, Hagedornstraße 13, 80804 Munich, Germany (“we”, “us” or “our”) in relation to our games that are made available via diverse App Stores like e.g. Google Play Store or on Facebook (the “Game” or “Games”), our website at www.bauer-live.com (the “Website”) and any related services (together with the Games and Website, the “Services”). You agree that by accessing and/or using our Services, you are agreeing to these terms and our Privacy Policy (see paragraph 10 below).
1.2 You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.
1.3 You can access these terms at any time at bauer-live.com/agb.php.
 We can make changes to these terms at any time in accordance with paragraph 14 below and your continued use of our Services shall confirm your acceptance of the updated terms.

2 About accessing and using our Services

2.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
2.3 We have the right to withdraw or modify one or more of our Games or any other part of our Services (in whole or in part) without liability to you from time to time: 2.4 There may also be times when our Services or any part of our Services is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
2.5 Paying for items on our Website or within the game
The charge for any individual item you can purchase via our Website or within the game shall be as stated on our Website or game at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank or payment method you use, additional charges may be issued; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank/payment provider before making a purchase via our Website or within the game. We accept payment via our payment processing partners by credit card, debit card, Google Play and Paypal only. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavor to fulfill your order immediately at the point of purchase.

3 Accounts

3.1 You agree that you shall take all steps necessary to protect your log in details and keep them secret.
You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.
In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Services to interact with.
3.2 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
3.3 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
3.4 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 30 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
3.5 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).

4 Virtual Goods and Virtual Money

4.1 Our Games may include virtual currencies such as coins, gems, gold coins and plombium (“ Virtual Money”) or items or services for use with our Games (“ Virtual Goods”). You can buy Virtual Money from us for real money if you are at least 18 years old. If you are over 18 years old you may also be able to buy Virtual Goods for real money and/or other credits. You agree that Virtual Money and Virtual Goods can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods from us, and not from any third party.
4.2 You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable licence to use them – any balance of Virtual Goods or Virtual Money does not reflect any stored value.
4.3 You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a licence to use Virtual Goods or Virtual Money from us, the performance of our services begins promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
4.4 If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.
4.5 We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods without any liability to you.
4.6 Without limiting paragraph 3.5, if we suspend or terminate your account in accordance with paragraph 7 of these terms you will lose any Virtual Money and Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.

5 User conduct and content

5.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
5.2 You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
5.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
5.4 You agree not to upload, communicate, transmit or otherwise make available any Content: 5.5 You agree that you will not: 5.6 We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
5.7 We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.
5.8 You are solely responsible for your interactions with other users of our Services.

6 Playing our Games with other users

6.1 Some of our Games allow you to play against an opponent or to play socially with other users.
You may be able to
(i) choose to play against another user or to play socially with another user whom Bauer-Live selects for you, or
(ii) play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with.
Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.
6.2 Where Bauer-Live selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your location or level you have reached in the Game).
6.3 By accessing and/or playing those of our Games which allow you to play against an opponent or to play socially with others, you agree to your display name, scores, and other related details being displayed to other users. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publically, and not your email address; another user must already know your email address themselves in order to search for you.

7 Your breach of these terms

7.1 We reserve the right to suspend or terminate your access to our Services (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Without limitation, any breaches of paragraphs 5.4 or 5.5 are likely to be considered material breaches.
7.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.

8 Disclaimer and release

8.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.
8.2 For any losses or harm (other than those mentioned in paragraph 8.1), in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.
8.3 We are not responsible for: 8.4 We will provide our Services with the same skill and care as other similar website or games providers, but you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services and we are not responsible or liable for any interruptions or errors that you may experience while accessing our Services.
8.5 Any additional legal rights which you may have as a consumer remain unaffected by these terms.

9 Intellectual property

9.1 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.
9.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else.
9.3 You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
9.4 In particular, and without limiting the application of paragraph 9.3, you must not make available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.
9.5 By submitting Content (as defined in paragraph 5.3) via our Services you: 9.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to support@bauer-live.com:
- a description of the intellectual property rights and an explanation as to how they have been infringed;
- a description of where the infringing material is located;
- your address, phone number and email address;
- a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorised, and (ii) the information that you are providing is accurate, correct, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- a physical or electronic signature of the person authorised to act on behalf of the owner of the exclusive right that has allegedly been infringed.

10 Privacy

10.1 We are registered with the data protection authority in Germany.
10.2 We will only collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these terms. By using our Services, you give your consent to us collecting, processing, using and sharing your personal data in this way. If you do not agree to our Privacy Policy you should not access and/or use our Services.
10.3 Any personal information that we may collect may also be subject to the policy of any social network that you may agree to link our Services to. If you play our Games and you agree to allow them to interact with a social network you are giving us permission to use your email address and any other personal information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can play socially. This is intended to make our Games more enjoyable for you and others that play our Games on that social network. If you do not agree to these practices you should not allow our Games to interact with your social network.
10.4 We may use cookies or similar technologies (such as HTML5 Local Storage) to store certain types of information each time you use our Services. They may for example be used to help us recognise your computer and to ensure that your account is accessed by the person that inputs the correct username and password for that account. You can find out more about how we use cookies and other similar technologies by reading our Privacy Policy.

11 Links

11.1 We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.

12 Transferring these terms

12.1 We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.

13 Entire agreement

13.1 These terms set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us.

14 Changes to these terms

14.1 You can find these terms at any time by visiting www.bauer-live.com/agb.php.
We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.

15 Severability

15.1 If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.

16 Waivers of our rights

16.1 Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

17 Complaints and dispute resolution

17.1 Most concerns can be solved quickly by contacting us at support@bauer-live.com.
In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of England.

18 Questions about these terms

18.1 If you have any questions about these terms or our Services you may contact us by email at support@bauer-live.com.

These terms were last updated on 01 February 2016.