| 1 |
Scope of application |
| 1.1 |
som.Media operates online games and applications, and services associated therewith (individually and collectively referred to as "Services"). Participants and Users of these Services are referred to as "Users". |
| 1.2 |
som.Media provides any and all Services for Users exclusively on the basis of these General Terms and Conditions (hereinafter "GTC"). These GTC are published solely on the web sites, games and applications of som.Media. The GTC may be downloaded for storage and/or printed out. Conflicting terms and conditions, explicitly any of the Users' terms and conditions whatsoever, are hereby expressly declared invalid; they will only apply if som.Media has expressly consented to them in writing. |
| 1.3 |
The GTC govern the use of the Services offered by som.Media. As the rule the Services will be used via a PC connected to the Internet. These GTC do not govern any issues which may arise in connection with the Users' Internet access, the license for connections as well as the compatibility of the Services with third party software (browsers, access software, firewalls, etc.). |
| 1.4 |
In order to be able to utilize the som.Media Services, certain minimal system requirements have to be met. They are published on the appropriate related Web pages. |
| 3 |
User |
| 3.1 |
som.Media provides its Services exclusively for consumers within the meaning of Section 13 of the German Civil Code (BGB). Persons who
(i.) have turned 18 years of age,
(ii.) whose respective legal representatives have consented to the use or
(iii.), who have turned 7, but not yet 18 years of age and who fulfill their contractual obligations with means which have been entrusted to them for this purpose or for use at their discretion by their legal representative or by a third party with the latter's consent, are authorized to use the Services.
The use of the Services provided by som.Media under these GTC for pecuniary rewards or any other commercial purposes is not permitted. |
| 3.2 |
In order to be able to make use of the som.Media Services, the Users have to register with Streetrace Kings in order to open a user account. This may also take place via partners. By sending the User application and the later respective login, the User accepts the GTC as binding. The user account will only be opened given that the User accepts these GTC and agrees to the data storage outlined in the Privacy Policy. Prior to sending in the User application the User has the option of checking and if necessary correcting the data entered. |
| 3.3 |
To open a user account each User needs a valid e-mail address. The User shall use a permanent e-mail address. Should the e-mail address change, the User is required to notify som.Media of the new address. Insofar as nothing otherwise has been agreed upon or is determined in the GTC, som.Media as a rule is required to communicate with the User by e-mail. Throughout the entire term of membership the User will ensure that e-mail messages which som.Media sends to the User's current e-mail address that has been communicated to som.Media reach the User. The User will see to this, among other things if necessary, by means of appropriate settings of the spam filter and by regular checks of this address. If the User's e-mail address no longer exists or if the User does not respond over a period of three months to e-mails relevant for the contract despite a reminder, som.Media is authorized to block the user account. |
| 3.4 |
Each registered User may set up a gaming account for the games the User wishes to play. som.Media reserves the right under certain conditions that are outlined in more detail in the rules of the game also to grant the option to allow for multiple gaming accounts per User and game. Should som.Media later decide to reduce the number of gaming accounts per User and game again, som.Media will inform the User with one month's notice of the intended change and request the User to notify which gaming accounts should be maintained. If despite the inquiry som.Media receives no timely response, the most recent gaming accounts will be closed. |
| 3.5 |
Each time contact is established with som.Media the User will indicate which user account, which Services (game, application, Service) and if need be which gaming account the request relates to. |
| 4 |
Membership, entering into contract, duration and termination |
| 4.1 |
By sending the completed application and/or registration form the User is making a binding offer for entering into a game and Services contract ("User Application"). For this purpose all required fields of the form should be filled out completely and correctly, the validity of the GTC accepted and the data storage and use, which is outlined in the Privacy Policy, agreed to. |
| 4.2 |
som.Media will immediately confirm receipt of the User Application electronically by e-mail. The confirmation of receipt does not constitute binding acceptance of the User Application; yet it may be combined with the acceptance. |
| 4.3 |
The contract between som.Media and the User enters into force upon acceptance of the User Application by som.Media (the contractual relationship is also referred to as "Membership"). The User Application may be expressly accepted or may be accepted by the first act in performance of the contract (e.g. setting up the user account) by som.Media. As a rule som.Media sets up a user account within 24 hours of receipt of the User Application at som.Media and thereby makes it possible for the User to set up gaming accounts and utilize the Services. som.Media, however, reserves the right to decline User Applications and thereby the use of Services. The User is neither entitled to have a user account set up nor to have published any content whatsoever generated by the User within the framework of the Services offered. |
| 4.4 |
If nothing otherwise has been determined in the User Application, then the Membership is entered into for an open-ended period of time. Both parties are entitled to ordinary termination at any time effective immediately. The User may terminate a gaming account on an isolated basis or som.Media may block such an account permanently without simultaneously having to terminate the Membership. The termination of Membership results in the user account and any and all gaming accounts being closed. Neither party is liable to pay compensation. |
| 4.5 |
Membership and/or a gaming account shall be terminated in writing with indication of the user account and, in the case of termination of a gaming account, with indication of the specific gaming account. E-mails shall fulfill the written form requirement in this case. For technical reasons it may take several days before the user data, the user account and/or the gaming account are closed. |
| 5 |
Terms of use, User obligations, rules of the game, game instructions, violations |
| 5.1 |
The User has to ensure that the password that is assigned for the user account remains secret; the User may not pass it on to third parties. If the User utilizes a personally chosen password, it must be guaranteed that the password is sufficiently secure. If the User gains knowledge that an unauthorized third party knows the password, the User has to change the password immediately so that the third party is prevented from logging in. For security reasons the User should regularly change the password and sign out of the user account after use (log off). |
| 5.2 |
Should unauthorized third parties by fraud obtain Services via a user account through no fault of som.Media, then the User is liable for the loss incurred by som.Media; in the case of the contributory culpability of som.Media degrees of reciprocal culpability should be allowed for. |
| 5.3 |
The User has to adhere to the rules of the game which are published on the appropriate Web pages for the respective games. In each case the current rules are relevant. som.Media will indicate amendments in a suitable form, for example by means of e-mail messages or during login. |
| 5.4 |
The User is aware that it is utilizing the games operated by som.Media along with numerous other Users and communicates and/or interacts with them. By participating in a game the User acknowledges that adherence to the rules is required for beneficial interaction and the rules of the game and conditions of participation are binding. Furthermore, the User will refrain from anything that might disrupt operation of the game and/or service or a beneficial interaction. |
| 5.5 |
som.Media provides various applications or Services and functionalities for Users' communications among each other (e.g. forums, possibility to form interest groups). In addition som.Media offers Users the option of placing their own content in the game itself, in the forum and other locations on som.Media Web pages. As part of communication via these applications and during use of Services Users may not make contents or comments available on the Internet, transfer or upload these, which violate the laws of the Federal Republic of Germany and in particular are of an insulting, violence glorifying, discriminatory, obscene, pornographic or anti-constitutional nature. This prohibition comprises among other things contents and comments which contain libel and slander (Section 185 et seqq. of the German Penal Code - StGB), violence glorifying representations (Section 131 of the German Penal Code) or name-calling of denominations, religious communities and philosophical unions (Section 166 of the German Penal Code), contents and comments by means of which means of propaganda are disseminated (Section 86 et seq. of the German Penal Code), which contain rabble rousing publications of anti-constitutional organizations (Section 130 (2) of the German Penal Code) or which meet the elements of the crime of dissemination of publications morally harmful to youth (Section 21 (1) no. 3a, (3)of the German Act on Publications Morally Harmful to Youth - GJS) and the dissemination of pornographic publications (Section 184 of the German Penal Code). In addition it is not permitted to publish contents which violate trademarks, copyrights or rights to a name as well as any other protected rights of third parties by means of applications made available by som.Media. |
| 5.6 |
The User is only permitted to place commercial contents with the express prior written consent from som.Media. The indication of URLs or the placing of cross references (links) that pursue a commercial interest are also part of commercial contents. |
| 5.7 |
Unless expressly permitted by som.Media, every User may only have one user account. |
| 5.8 |
The User is prohibited from utilizing any program errors or malfunctions of the Services in a negligent or intentional manner (what is called bug using), to disrupt the game operation using these bugs, to tamper with the Services or to make any other unauthorized interventions (please refer to No. 7 for more details). |
| 5.9 |
In the case of violations of the terms of use, in particular the rules of paragraphs 4 – 8, som.Media is authorized to block the gaming accounts or user accounts temporarily or permanently or to terminate the Membership. Temporary blocks make be carried out in particular until a supposed violation was checked or if a User is in default of payment of fees to som.Media or as a sanction for minor violations. During the block the User may not access the gaming account and not participate in the game; som.Media will inform the User of the duration of the block. A final block of individual gaming accounts may be carried out in the case of repeated or severe violations of the rules of the game or any other regulations of these GTC. The membership may be terminated in the case of severe violations, for instance tampering, and attempts at tampering or the violations listed in paragraphs 5 – 7. |
| 5.10 |
Aside from the sanction designated in paragraph 9 som.Media may block Users also temporarily or permanently from participating in the forums if they do not adhere to the rules which apply for the participation in the forums. |
| 5.11 |
If som.Media is claimed against by third parties as a consequence of culpable violations of the User, the User will indemnify som.Media from this and compensate som.Media for any and all losses, not only if they were predictable for the User, including costs for legal prosecution. |
| 6 |
Rights to gaming accounts, copyrights |
| 6.1 |
Any accounts operated by the User, including the associated resources, inventory and Stars obtained etc. are virtual objects in the game and are used solely for server or game internal use and the trade possibly specified in the respective game according to its rules. The User obtains no ownership or any other right to the account or parts of the account. In particular the User is not entitled to disbursement of the balances virtually obtained or provided as start-up balances. Any and all right to the games and Services remain with som.Media. A transfer to the User of the exploitation or other rights to the Services and the underlying programs does not occur. |
| 6.2 |
It is not permitted without the prior written consent from som.Media, to transfer accounts to third parties or to make it possible for third parties to use an account. In particular it is expressly prohibited to sell or in any other way to exploit accounts or account components (resources, etc.) or the access thereto. This includes the sale/exploitation of access data, usage rights, paid establishment of contacts as well as similar wordings that are used to circumvent this regulation. Unauthorized sale, exploitation, copy, dissemination, reproduction or any other infringement of the operator rights will be prosecuted in accordance with applicable law. som.Media may close the concerned accounts and cancel the membership without substitution for good cause. |
| 6.3 |
som.Media reserves the right, to offer the transfer of a user account of gaming account – even in parts – to third parties against payment. |
| 6.4 |
Any rights to the information placed by the User remain with it. By placing information in a Service offered by som.Media the User grants som.Media a non-exclusive, free and at any time freely revocable license in order publicly to present, publicly to display, to reproduce and to disseminate these contents on the som.Media pages online. If the User revokes this license, som.Media is authorized to terminate the contract without notice and without substitution. |
| 7 |
Tampering and unauthorized interventions |
| 7.1 |
The use of the Services is only permitted by means of an Internet browser or special applications tools, or scripts provided or expressly licensed by som.Media. |
| 7.2 |
Users are expressly not authorized to use measures, mechanisms or software that can jeopardize disruption-free operations in connection with the Services provided by som.Media. The User may in general take no measures which as a consequence could have an unreasonable and/or excessive burden on the technical capacities or in any other way have a disruptive influence on the Service operations. In particular the modification or blocking of contents (explicitly also Web contents) is not permitted. Likewise is it especially prohibited to obtain unauthorized access to the Services, user accounts or network by means of hacking or other means and methods. |
| 7.3 |
The use of software for systematic or automatic control and/or reproduction or assessment of Services or individual functions (by means of, e.g., bots, macros, scripts, etc.) is not permissible. |
| 7.4 |
The Users' login to a game or an application operated by som.Media is only authorized via the associated Web page and the entry mask provided. An automated login is not authorized, no matter whether the entry mask is utilized or not. |
| 8 |
Escape clause |
| 8.1 |
som.Media reserves the right at any time to amend or modify these GTC and/or the Privacy Policy effective for the future if this appears to be necessary and the User is not adversely affected hereby under the principle of equity and good faith. |
| 8.2 |
Modifications will be announced in a suitable way by means of notification in text form. As a rule the notification is carried out by means of publication on the Web pages for the Service operated by som.Media or by e-mail to the address specified by the User. At any rate the User will also be informed upon next login of the modification by a highlighted notification. |
| 8.3 |
The User can object to modifications upon notification and the opportunity to take notice of the changes within 14 (fourteen) days. If the User does not object to the modified conditions within this time period of 14 days upon notification and the opportunity to take notice of the changes in writing (also by e-mail) to som.Media or continues to utilize the Services despite appropriate advice, the modified or amended terms and conditions will be effective for that User. If the User objects within the time limit, then both parties are authorized to terminate the Membership for good cause with one month's notice, unless a right to terminate the contract without notice already exists under 4.4 or the contract has a term that is less than one month. In the event of an objection the original GTC will continue to apply up until termination of the contract. |
| 8.4 |
som.Media will especially indicate in the notification on the modification the option for objection and for termination, the time limit and the legal consequences and effects, in particular with regard to an omitted objection. |
| 8.5 |
It is recommended that the User catches up on the latest status of the rules of the game on a regular basis. |
| 10 |
Right of withdrawal |
| 10.1 |
The User may withdraw its statements for entering into the game or application usage contract (Membership) as well as its purchase order for a fee (purchase Stars) within a period of two weeks without indicating reasons in text form (e.g. letter, fax, e-mail function of the website). The two-week period starts no earlier than upon receipt of this instruction, however not prior to entering into the contract and also not prior to meeting out information obligations under Section 312 c (2) of the German Civil Code in conjunction with Section 1 (1), (2) and (4) of the German Civil Code –Info Ordinance (BGB-InfoV) as well as prior to the performance of our obligations under Section 312 e (1) of the German Civil Code in conjunction with Section 3 of the BGB-InfoV. The notice of withdrawal is deemed to be served in due time if it was dispatched within the two-week period. |
| 10.2 |
The right of withdrawal expires insofar as Services offered by som.Media are involved if som.Media begins with the provision of the Service with the express consent of the User prior to the end of the withdrawal period or the User has brought this about himself.
The notice of withdrawal should be sent to:
som.Media
Sven Sommerlatte
Eutritzscher St. 11
04105 Leipzig
Germany
E-mail: info (at) streetracekings (dot) com
|
| 10.3 |
In the case of a withdrawal by e-mail the User should indicate the name of the game or the application on the reference line, as well as the purchase order number and its User name. |
| 10.4 |
In the event of an effective withdrawal the reciprocal Services received should be returned and possibly utility derived surrendered. If the User cannot return the Service received in total or in part, the User has to provide value compensation. This means that fees already paid possibly are not fully reimbursed if the User has derived utility prior to the notice of withdrawal. Obligations for reimbursement of payments have to be met within 30 days. The time limit for the User begins upon sending in of the notice of withdrawal and upon its receipt for som.Media.
End of the withdrawal instructions |
| 11 |
Disclaimer |
| 11.1 |
som.Media will always strive to guarantee the attainability and error-free availability of the Services. However, occasional errors and outages can occur. If the User incurs disadvantages due to server down time, transmission errors, programming errors (what are called bugs) or any other malfunctions, then the User is entitled to no compensation or restoration of the status of his gaming account that existed prior to the event, especially not if it does not stem from the purview of som.Media. |
| 11.2 |
som.Media is liable for losses caused by intention or gross negligence. The above disclaimer, however, does not apply for the liability in the case of injury to life, limb and health. Further, it does not apply if the damage or loss is based on the breach of essential contractual obligations (a single obligation, the fulfilment of which is required for the attainment of the purpose of the contract) or of the infringement of a guarantee. The liability of som.Media under the German Product Liability Law (Produkthaftungsgesetz) as well as under Section 44 of the German Telecommunication Law (TKG) remains unaffected. |
| 11.3 |
If som.Media pursuant to paragraph 2 is liable on the merits for damages, the liability for damages is limited to damages or losses which som.Media has anticipated when entering into the contract as possible consequences of a contractual breach or under consideration of the circumstances it was aware of or which it would have known or should have been able to foresee by practicing due diligence. Indirect losses and subsequent damages which are the result of defects, however are only eligible for compensation if such damage or loss can typically be expected in the case of appropriate use. |
| 11.4 |
In the event of liability for slight negligence som.Media' obligation to pay damages for material losses is limited to 100.00 € per loss event, even if essential contractual obligations are violated. |
| 11.5 |
som.Media is not liable for losses which are incurred by the User due to incompatibilities of the software offered by som.Media with the other software. |
| 11.6 |
The above exclusions or limitations of liability also apply in relation to the liability for salaried employees, wage earners, staff members, representatives and vicarious agents of som.Media in particular in favor of stockholders, staff members, representatives, bodies and their members concerning their personal liability. |
| 11.7 |
som.Media does not assume any liability for contents, actions and behaviors of Users. |
| 13 |
Final provisions |
| 13.1 |
Any amendments, modifications or the partial or total cancellation of the contract require the text form. This also applies for the lifting of the text form requirement. |
| 13.2 |
Leipzig, Germany is the place of jurisdiction for any disputes arising from these contracts. This also applies if the User switches its domicile or usual place of residence from the Federal Republic of Germany or the User's domicile or usual residence is not known at the moment the suit is filed.
|
| 13.3 |
These GTC and all contracts entered into on the basis of these GTC shall be governed by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods as well as the rules of the German private international law with regard to conflicts of laws is ruled out. |
| 13.4 |
Any and all statements within the scope of the contractual relations governed by these GTC should be issued in the German or English language. |
| 13.5 |
The German Version of these GTC is decisive. |