End User License Agreement
1.1 The Pixel Racoons GmbH („Pixel Racoons“) maintains various websites that grant access to games through the use of a web browser. All websites that provide access to a Pixel Racoons Game („Pixel Racoons Games“), are henceforth described as „Pixel Racoons Gamesites“. Pixel Racoons provides access to Pixel Racoons Games based exclusively on the following general terms and conditions. The general terms and conditions of the user are not part of this agreement, unless given explicit written consent by Pixel Racoons. The agreement for the use of this Pixel Racoons Game, is an agreement with the Pixel Racoons GmbH Witzlebenplatz 4, 14057 Berlin Germany Amtsgericht Berlin Charlottenburg HRB: 159597 / 2014 / USt-IdNr.: DE295683925
1.2 The general terms and conditions can be accessed at any time, on any Pixel Racoons Gamsite, via the „EULA“ link.
2. Object of Agreement
2.1 Pixel Racoons provides registered users with access to Pixel Racoons Games through Pixel Racoons Gamesites. Aside from Pixel Racoons Games, it is possible to find links to foreign party games on Pixel Racoons Gamesites. Access to these foreign party games is governed by the terms and condtions of the foreign party. By accessing a foreign party game, the user engages in an agreement with the foreign party and not with Pixel Racoons.
2.2 Furthermore, Pixel Racoons voluntarily provides access to a platform that allows registered users to communicate with each other and to share user generated content with each other (the „Community-Forum“). The Community-Forum is not a part of the service agreement and Pixel Racoons reserves the right to alter or terminate the Community-Forum at any time. Usage of the Community-Forum is governed by the general terms and condtions of this agreement.
2.3 Pixel Racoons provides access to the Pixel Racoons Gamesites and Pixel Racoons Games via a web browser. The installation of software in oder to access and run the game is the individual responsibility of the user. Pixel Racoons does not provide software for installation or technical support for the installation of any software.
2.4 Pixel Racoons strives to maintain continual and error free access to Pixel Racoons Gamesites. However, no more than 95% annual mean access rate can be guranteed. Exempt from this clause is downtime due to maintenance or unforseen factors unrelated to Pixel Racoons.
2.5 Users have no entitlement to the game or features therein to be maintained perpetually or to remain unchanged from the original start of this agreement. Pixel Racoons reserves the right to change the game or any features therein at any time, without prior notice and without providing any reasons. In the case of termination, any open transactions or remaining credit balance will be refunded.
3. Registration and Contract Conclusion
3.1 Access to a Pixel Racoons Game and the features therein, requires users to register with the Pixel Racoons Gamesite of the Pixel Racoons Game. Registration gives the user the right to access the Pixel Racoons Game through the Pixel Racoons Gamesite.
3.2 Principally Pixel Racoons provides registration individually for each Pixel Racoons Game. Upon the completion of the registration process an individual User Account („Game Account“) is created for that user, for that individual Pixel Racoons Game. A user is entitled to create a multitude of different Game Accounts for all Pixel Racoons Games, provided the individual game does not forbid the use of „Multiaccounting“. Users are advised to adhere to the general guidelines of the individual Pixel Racoons Game they are registering with. By completing the registration process on a Pixel Racoons Gamesite, the user proposes to enter into an agreement with Pixel Racoons for access to the invidual Pixel Racoons Game. Pixel Racoons expressly, or upon first access of the user to the Pixel Racoons Game, aceepts this proposal.
3.3 This Pixel Racoons Game and Gamesite service is provided to individual, natural persons, that fulfill the legal age requirements according to § 13 BGB at the time of registration. Legal persons or groups thereof are excluded from registeration. Access to the game for any commercial use is prohibited. Access to the Game for persons under age is only granted with permission of a legal guardian. It is possible that access to a Pixel Racoons Game is denied to persons under age despite the permission of a legal guardian.
3.4 The user declares that all information provided during registration is true and accurate. Furthermore, by registering the user declares he is of legal age or if he is not, has the permission of his or her legal guardian. In the event that the user information provided during registration should change, the user will inform Pixel Racoons immediately.
3.5 The user has the right to terminate his Game Accounts at any time and without cause. The termination of this user agreement is governed by clause 10.
4. Premium Features, In-Game Currency
4.1 Principally access to the Pixel Racoons Game is free. Certain services and features are however not free of charge („Premium Features“). In the context of the Pixel Racoons Game, individual Premium Features may be accessible for a limited time only or a limited number of uses only. Details in regard to the cost, function and limitations of Premium Features can be found within the context of the specific Pixel Racoons Game.
4.2 Premium Features subject to a fee may only be accessed by persons of full legal age. Persons under the legal age require the permission of their legal guardian. By placing an order the user agrees that he is of full legal age or has the permission of a legal guardian.
4.3 Depending on the individual Pixel Racoons Game a user may access Premium Features by using the in-game currency or via direct purchase. In-Game currency can be used in some Pixel Racoons Games to access the Premium Features of that game and can be acquired via direct purchase. Unless specifically stated otherwise, the in-game currency acquired in a Pixel Racoons Game can only be used within the context of the Pixel Racoons Game it was acquired in. Principally the use in other Pixel Racoons Games is not possible.
4.4 Pixel Racoons may, from time to time, voluntarily offer free in-game currency to users. For example, Pixel Racoons may provide in-game currency as a reward for an event or as part of an marketing campaign. Free in-game currency will be deposited in the respective Pixel Racoons Game Game Account and will always be used first, before charged for in-game currency. Only when all available free in-game currency has been used will charged for in-game currency be used.
4.5 The user is expressly forbidden from using his Game Account, login information, services or features related to his Game Account or any Premium Features or virtual goods for commercial purposes. In so far as the exchange of virutal goods within the context of a Pixel Racoons Game is part of the game, it is only legitimate within the bounds of the rules governing such an exchange of virtual goods within the game. Monetary compensation is explicitly forbidden. All rights and claims of the user that are part of this agreement are governed by a ban on assignment as stated in § 399 BGB.
5. Right of Revocation
The user may revoke his offer of agreement as part of his registration to a Pixel Racoons Game, the acquistion of any Premium Features or in-game currency within 14 days via text (mail, fax, email etc.) The period of notice begins only after the receipt of this revocation in the form of text and not before the conclusion of this agreement or the obligation of information according to Article 246 § 2 together with § 1 Subparagraph 1 and Subparagraph 2 EGBGB as well as our responsibilities according to § 312g Subparagraph 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. As long as a revocation is sent within the 14 day notice period the Right of Revocation is in full effect. A revocation should be sent to:
Pixel Racoons GmbH,
Witzlebenplatz 4, 14057 Berlin Germany
In the case of a proper revocation both parties agree to reimburse each other for the already provided services and any potential gains thereof (i.e. interest). Should the reimbursement of services or use, not be possible, be either in part or in the form of lesser value, compensation is due. This can lead to the user having to pay in full for all payment obligations prior to the Revocation of the agreement. The notice period for the fullfilment of payment obligations is 30 days. The notice period for the user begins when the Revocation has been sent and for Pixel Racoons upon receipt of said revocation. The Right of Revocation expires immediately if the agreement between the user and Pixel Racoons is explicitly stated as fulfilled, by the user, prior to the actual Revocation.
6. Responsibilities of the User
6.1 Individual Pixel Racoons Games are governed by individual rules of conduct that can be accessed on the respective Pixel Racoons Gamesite. The rules of conduct are updated on a regular basis and users are given prior notice via email regarding any upcoming changes, unless the EULA according to Clause 12 is applicable.
6.2 The user is obligated, to keep the access data and password provided to him or her by Pixel Racoons, safe and hidden from any third parties. All users are repsonsible for their own Game Accounts. Should a user suspect access to his or her Game Account by an unknown third party, user agrees to contact Pixel Racoons immediately. Pixel Racoons reserves the right to shut down, change user access data or otherwise alter any Game Account that a user has indicated to be accessed by an unkown third party. Game Account access may be blocked for as long as is deemed neccessary by Pixel Racoons in order to investigate issues pertaining to the Game Account and in order to gurantee the safe operation of the Pixel Racoons Game and Gamesite. Pixel Racoons will keep impacted users informed about development relating to their blocked or shut down Game Account. Should an unkown third party atain access to a user Game Account do to the negligence of the impacted user or by beeing given access deliberately by the user, said user is liable for all payment obligations and damages incurred during the access by the unknown third party.
6.3 The user is prohibited from enganging in any activity that impairs the functionality of the Pixel Racoons Game, Pixel Racoons Gamesite and the infrastructure that pertains to both. Furthermore the user is prohibited from blocking, rewriting, modifiying or copying Pixel Racoons Gamesite content, or using any software or scripts to alter a Pixel Racoons Gamesite in such a way, that it would yield an advantage to said user over other users. The user is also prohibited from using any devices, software, scripts or other mechanisms that would allow the user to fully automate any process in the Pixel Racoons Game or otherwise influence gameplay. Furthermore the user agrees not to abuse programming errors or bugs he encounters, if he can indentify them as such. The user agrees to notify Pixel Racoons should he encounter any errors or bugs.
6.4 Pixel Racoons Games and the features and content that are a part of them, are continually being developed, changed, adjusted or cut. The user only has a right to access the version of the game currently made available by Pixel Racoons. Pixel Racoons reserves the right to change the game at any time and in any way it deems neccessary, unless the core premise of the game is fundamentally changed.
7. User Generated Content
7.1 Pixel Racoons is not liable for content, data and information users share with or create for the community within the context of the Pixel Racoons Game or Gamesite (i.e. Chat). Users are responsible for the content they create and share with the community. Pixel Racoons is not required to validate the legal compliance or validity of user generated content. Should Pixel Racoons find user generated content to be illegal, Pixel Racoons has the right to shut down or remove such content. The user is not entitled to the maintenance of his or her content in perpetuity nor for it to remain unchanged or archived.
7.2 The user declares that no content that goes against existing law or this agreement will be shared with the Pixel Racoons Game or Gamesite community. Content that is insulting, defamatory, sexist, pornographic, racist, specifically violates the Youth Protection Act or that Pixel Racoons deems to be morally reprehensible or abusive, is explicitly forbidden. The user is furthermore prohibited from, (a) harassing other users via spam mail, pyramid chain letters, snowball systems and unsolicited audvertising (b) infriging upon rights (i.e. Trademark, Patent, or Copyright) or providing access to content or services to which the user has no rights (c) enganging in or supporting anticompetitive practices (d) utilizing the Pixel Racoons Game and Gamesite for commerical purposes.
7.3 By sharing content through a Pixel Racoons Game or Gamesite, the user gives Pixel Racoons the non-exclusive, unlimited, transferable and royalty-free rights to the shared, user generated content. This gives Pixel Racoons the permission to re-utilize the user generated content for the Pixel Racoons Game, Gamesite any related products or marketing. Furthermore, within the bounds of a cooperation with Pixel Racoons, this also applies to third party products. Specifically, Pixel Racoons has the right to make said user generated content accessible to the public, to distribute, reproduce, showcase, alter and change it.
7.4 The user declares that Pixel Racoons is not liable for any costs, legal fees, claims or compensation claims that result from the user generated content of the user infringing upon the rights of a third party.
8. Payment Conditions
8.1 Payment is due immediately upon the acquisition of Premium Features. The user may conduct his payment with any accepted payment method. All accepted payment methods will be displayed during the payment process and individual payment processes may vary depending on the individual Pixel Racoons Game and the amount being charge for. Pixel Racoons may remove or alter existing, accepted payment methods or add entirely new, accepted payment methods at any time and without prior notice. Should the collection of a fee not be possible and be in no part the fault of Pixel Racoons, the user is responsible for any costs incurred. Should chargeback costs be incurred as part of bank transaction fees or other charges involved in the transaction, Pixel Racoons has the right to charge the user with a flat EUR 10,00 administration fee for each transaction involved. The user has the right to prove that the cost incurred where less than the EUR 10,00 fee or that no costs where incurred at all.
8.2 The setting off with counterclaims of any kind by the user is only possible if legally established as final and absolute.
9. Limited Liability
9.1 Pixel Racoons has only unlimited liability for losses arising from loss of life, physical injury or damage to health founded on a negligent breach of duties or an intentional or negligent breach of duties. Liability as prescribed by the German Product Liability Act or the German Telecommunication Act are not affected by this clause.
9.2 Pixel Racoons shall be liable for slight negligence only in the event of breach of a duty of essential importance for achieving the contractual purpose. Compensation claims in this case are limited to typical, predictable damage and may not exceed EUR 200,00.
9.3 This liability limitation also applies in favour of official bodies or vicarious agents of Pixel Racoons.
10. Term & Termination
10.1 The contract between the user and Pixel Racoons shall have an indefinite duration unless specifically declared otherwise.
10.2 Both parties may terminate the agreement for access to this Pixel Racoons Game at any time and without prior notice.
10.3 The user may terminate the agreement either by contacting Pixel Racoons, with his Username and registered Email at email@example.com or via Account Management on the Pixel Racoons Gamesite.
10.4 The right to terminate for good cause remains unaffected by clause 10.2.
10.5 In the case of an ordinary termination by the user, or an extraordinary termination by Pixel Racoons that was caused by the user, Pixel Racoons is not liable for previously purchased Premium Features or other services that are a part of the Pixel Racoons Game. This also applies to any remaining in-game currency.
10.6 In the case of an ordinary termination by Pixel Racoons or and extraordinary termination by the user, that was not caused by the user, Pixel Racoons is liable for the proportional reimbursement of previously puchased Premium Features or other services that are a part of the Pixel Racoons Game, that would extend beyond the date of termination.
10.7 In the case of an ordinary termination by Pixel Racoons, all other claims by the user are void.
10.8 Specifically the following cases would be cause for an extraordinary termination by Pixel Racoons:
10.8.1 If the user, after a period of 30 days, defaults on a payment of EUR 5 or defaults on such a payment more than once in a given year;
10.8.2 If the user repeatedly, despite beeing warned or called to order, or even without being warned or called to order if the violation is deemed unbearable by Pixel Racoons, violates the terms of this EULA. This is especially the case if criminal law, clause 4.5 of this agreement or clause 6.3 are violated.
10.9 Instead of termination, Pixel Racoons also has the right to block access to an Game Account and the connected Pixel Racoons Games for a period of one month. The user is not obligated to pay for the blocked month of access.
10.10 In the case of termination, Pixel Racoons has the right to delete all user data realted to the affected Game Account and Pixel Racoons Games.
10.11 Termination may be declared indvidually for each Pixel Racoons Game.
11. Protection of Privacy
Pixel Racoons collects, processes and uses personal user data exclusively for providing the services outlined in this agreement and for billing. In so far as it is neccessary for billing or the processing of payments, Pixel Racoons has the right to transfer personal user data to third parties. Furthermore Pixel Racoons records the individual actions of a user within the context of accessing and playing Pixel Racoons Games. These recordings are used exclusively for user support, adherence to the ruels of conduct and this EULA, as well as to ensure system security and operational integrity. Personal user data is deleted or anonymized immediately when no longer required for the purposes outlined in this clause.
12. Closing Provisions
12.1 All changes to this contract must be made in written form. The same applies to a waiver of this requirement.
12.2 Pixel Racoons has the right to change or amend the general terms and conditions at any time and without prior notice, as long as users are not negatively impacted by such changes or amendments. Changes or amendments will be communicated to the user via the Pixel Racoons Gamesite and email. Provided the user does not object to the new general terms and conditions within two weeks of the disclosure or accesses the Pixel Racoons Game or Gamesite two weeks after the disclosure, the user agrees to the new general terms and conditions. As part of the disclosure, Pixel Racoons will inform users of their right to object to the new general terms and conditions, the notice period and legal implications, and especially the legal consequences of not objecting. In the case of an objection within the stipulated time, both parties have the right to an ordinary termination of the contract within one month of the objection. Until the termination of the agreement, the preceeding terms and conditions are in full effect.
12.3 In general, Pixel Racoons will contact users only via email. However, if deemed necessary Pixel Racoons will contact users via fax or standard mail at the address the user has indicated to be current during registration.
12.4 This agreement is governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods together with the conflict of laws of international private law. Insofar as the Customer does not have a place of general jurisdiction in Germany or has transferred his place of residence or habitual abode to a country other than Germany after conclusion of the contract, the parties agree that that Fürth is place of jurisdiction. Additionally Pixel Racoons retains the right for legal recourse at the place of general jurisdication of the user.
12.5 Should individual terms of this contract be or become void, this will not affect the remaining terms of this contract.