1. Subject
The following general terms and conditions regulate the use of mobile games and other services provided by "Dually Games", on this website and in app stores.
Dually Games offers mobile games and other services within the context of its technical and operational capabilities, with an average annual availability of 90% (ninety percent). This does not include periods of time during which the use of mobile games and other services are interrupted or affected due to urgent technical reasons or required maintenance work. Dually Games is not liable for these instances in accordance with the conditions of this contract. This also does not include periods of time in which Dually Games's general servers or the servers of certain games do not allow online access due to reasons beyond Dually Games's control (force majeure, third party responsibility, etc.).
Dually Games continuously updates, changes, and develops its mobile games and other services at its own discretion. Users can therefore only participate in the respective mobile game, or other offer in its respective form provided at any given time. Dually Games retains the right to cease operating a mobile game or remove a specific service without explanation.
Mobile games and other services offered by Dually Games are intended solely for the purpose of entertainment. The use of these games or services for business or commercial purposes is strictly prohibited.
Users are responsible for ensuring that their own software and hardware is suitable and up-to-date.
In addition to these general terms and conditions, any existing rules of the respective mobile game shall also apply. In the case of an inconsistency between these general terms and conditions and the rules of the game, the provisions of these general terms and conditions shall take precedence when settling the instance of contradiction. In addition, specific terms and conditions shall also apply to certain mobile games, specific versions and/or components of mobile games, and individual services offered on Dually Games's websites as appropriate. Users will be appropriately informed of any specific terms and conditions prior to use of the respective offer.
Users have the opportunity to use the services of Dually Games's contractual partners for various mobile games and other services. In these cases, a separate contract between the user and the respective contractual partner of Dually Games shall be concluded. Users will be informed of this in an appropriate manner prior to concluding the contract.
Other provisions or general terms and conditions of a user, which deviate from Dually Games's general terms and conditions, shall only apply if Dually Games gives prior written consent to their validity.
2. Conclusion of Contract
In order to use the mobile games provided by Dually Games, users must install the app in question, and, if needed, register for it.
Only natural persons are eligible for registration. Only individual persons are permitted to be authorized users (no groups, families, spouses or life partners, etc.).
Children under 16 years of age are not permitted to register without the proper consent from their parents or other legal guardians.
Users are not permitted to download mobile games via the Apple App Store if they are:
Users must enter a player name and generally an email address registered to the user in order to register for the games; the mobile games require a player name. Users have no claim to a particular player name. The selected player name may not infringe upon the rights of third parties and violate existing legal prohibitions or common decency. Moreover, no email or web address may be used as a player name. Users must ensure that the information provided to Dually Games during registration is genuine and complete.
Certain games also allow registration using Facebook login credentials. The data required for registration shall be taken from the user's Facebook account for this purpose.
Users must register for their accounts themselves. Registration performed via third parties, especially those that register individual people commercially at various service providers (registration services and/or entry services), is not permitted.
After successful registration, the user creates an account ("user account") which the user can manage independently. The user account cannot be transferred without the explicit consent of Dually Games.
Users have no right to claim registration or activation.
3. General User Obligations
Users agree to immediately provide Dually Games with any future changes to data entered upon registration, in particular any change to the email address. Users are obliged to confirm for Dually Games the accuracy of their data upon request.
Login data, identification, passwords
Users are required to maintain strict confidentiality regarding all login data, identification, and passwords.
The terms "login data", "identification", and "passwords" include all letter and/or character and/or number sequences used to authenticate the user and prevent unauthorized use by third parties. The password should not be identical to the player name, and it should consist of a combination of numbers and letters.
Users are required to protect all login data, identification, and passwords from third-party access.
In the event that a user has reason to believe that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall inform Dually Games immediately and change their data or have it changed by Dually Games. In this case or in the event that Dually Games has concrete evidence of misuse of data, Dually Games has the right to temporarily block access to the user's account. If there is evidence of misuse of data, Dually Games shall inform the user.
Users are under no circumstances entitled to use the login data of another user, unless the rules of the respective mobile game or other service allow for exceptions.
Dually Games's mobile games include various content that is protected by trademarks, copyrights, or other means for the benefit of Dually Games or third parties. Unless explicitly permitted within these general terms and conditions, users may not edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes any of Dually Games's websites, mobile games, or the content or any portion thereof. Only technical copies intended for browsing purposes and permanent copies intended solely for private use shall be permitted. Copyright information and brand names may not be changed, hidden, or removed.
The term "content" includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided by Dually Games. The term "content" also includes, in particular, all services available for download.
Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of Dually Games's websites, any individual services and/or offers there, or its mobile games. Users are also required to abstain from any measure which may allow unauthorized access to data. Content may only be called up in a manner that does not affect other users' use of Dually Games's websites and content. The transfer of data or software that may affect the hardware or software of recipients is not permitted.
Any use of Dually Games's mobile games for commercial purposes, especially advertising purposes, requires the express prior written consent of Dually Games.
Users are not entitled to publish content on Dually Games's mobile games, or other services.
In the case of offers which require the prior installation of a client software (mobile app), Dually Games grants the user an unrestricted, non-exclusive, non-transferable, personal, and time-limited in terms of the user agreement right to install the client software and use it for the agreed purposes according to these general terms and conditions and the rules of the respective game. The software may not be used for commercial purposes in any manner. Modifications to the client software and a back-translation of the relinquished programming code into other code forms (decompilation) and other types of reverse engineering of the software's various production levels are prohibited if these are not required for establishing interoperability.
4. Specific Terms for the Use of Mobile Games
The user may only take part in every mobile game using one user account, unless the respective rules of the game allow for exceptions from this. The use of several user accounts by one user is not permitted. Multiuser accounts such as these may be deleted or banned at the reasonable discretion of Dually Games.
Users are prohibited from enacting any form of manipulative interference in mobile games. In particular, users are not entitled to utilize measures, mechanisms, or software that could interfere with the function or progress of the game. Users may not take measures that may cause an unreasonable or excessive burden on technical capacity. Users are not allowed to block, rewrite, or modify content generated by the game administration or to interfere with the game in any other manner.
Under no circumstances may users
a) create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the mobile games,
b) use software that allows the mining of data or otherwise intercepts or collects information in connection to the mobile games,
c) use virtual items that are being used in mobile games outside of the mobile games, purchase virtual items for "real" money, or sell or swap virtual items, unless such a feature is specifically implemented in the respective game
d) sell, buy, or trade user accounts.
This includes all circumventions, similar actions, or actions that produce an effect that matches the aforementioned bans.
The automated creation of user accounts is not permitted.
Dually Games or contractors authorized by Dually Games hold all and exclusive rights to items used and virtual items provided in mobile games. Users will only receive a non-exclusive right of use to the virtual items for the duration of the user agreement.
5. Specific conditions for the use of communication facilities (particularly discussion forums, chats, comments)
Dually Games may provide users with different communication facilities for self-created entries and posts on Dually Games's websites, in the game, and on social networks (particularly discussion forums, chats, blogs, guest books, etc. as well as the utilization of their comment functions, altogether known as the "communication facilities"), which the user may use when available. In this regard, Dually Games only provides users with the technical environment for an exchange of information. However, users do not have the right to claim communication features.
Users take full responsibility for the content and entries they post. Users agree to release Dually Games from any legitimate claims from third parties arising from a culpable violation of the users' obligations. Dually Games explicitly does not claim content entered by users as its own. However, users shall grant Dually Games the permanent, irrevocable, non-exclusive right to use the content and contributions posted by the users.
Within the context of these communication facilities, users are prohibited from publishing or distributing content on Dually Games's websites that:
a) violates an applicable law, goes against common decency, or breaches the general terms and conditions or the rules of the respective game;
b) violates trademarks, patents, utility or design patterns, copyrights, trade secrets, or other rights of third parties;
c) is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature;
d) is of an abusive, harassing, or defamatory nature;
e) includes chain letters or pyramid schemes;
f) falsely suggests that it is provided or supported by Dually Games;
g) contains personal data of third parties without their explicit consent;
h) is commercial, in particular promotional, in nature.
The inclusion of websites or names of companies and products is only permitted if this is not primarily for advertising purposes.
All users of these communication facilities are required to use acceptable words. Abusive criticism or derogatory attacks shall be avoided.
Notwithstanding any other rights under these general terms and conditions, Dually Games has the right to fully or partially remove content and entries that violate the rules of these general terms and conditions. Dually Games also has the right to exclude users who violate these rules, in whole or temporarily, from further use of Dually Games's mobile games, websites, and other services.
6. User-Generated Content
By submitting any public user-generated content to Dually Games for use in "4x4 Mania", users agree to surrender non-exclusive rights to such content. This includes royalty-free, sublicensable, transferable, perpetual, worldwide rights. Please note that Dually Games does not have the capacity to monitor user-generated content for copyright infringement and it is not reviewed before being made available to other players. If you believe your rights have been infringed upon, please contact us at contact@duallygames.com to submit a DMCA notice. Any license granted by the user to Dually Games for the use of their generated content is also granted to all other players. We kindly ask that users refrain from submitting low-quality, derivative, copyright infringing, illegal, vulgar, obscene, pornographic, impersonating, commercial, deceptive or otherwise inappropriate content. Dually Games reserves the right to remove any content that does not meet these guidelines.
7. Consequences of a Breach of Duty
Dually Games is not liable for damages resulting from a user's breach of duty.
Regardless of any additional legal or contractual rights, it is at the reasonable discretion of Dually Games to take the following actions against any user who culpably breaches statutory law, third party rights, these general terms and conditions, or any respective additional regulations and game rules:
a) remove content,
b) issue a warning to the user,
c) temporarily or permanently block a user from specific or all mobile games and content of Dually Games's websites,
d) suspend a user, also from certain game functions (e.g. chat)
e) issue a temporary or permanent virtual ban from the game in cases of a violation of these general terms and conditions, or
f) immediately terminate the contract.
If users have been blocked or excluded, they may not log in again to a service provided by Dually Games without the prior consent of Dually Games.
8. Usage fees
Users can play the mobile games offered essentially free of charge. However, the user can pay money to purchase virtual currency (e.g. gems, gold, jewels, the "premium currency"), certain virtual features, premium subscriptions, and other services (together with the "purchasable features") within the context of the online games and mobile games. The price for the desired virtual currency appears in euros, US dollars, or in another currency applicable to the user's region. The user can purchase advantages or virtual items in the mobile game with the premium currency purchased.
Users will receive specific information on the features available for purchase, particularly the function of the feature in question, how long the feature for purchase will be available (if applicable), and the respective purchasing price.
Users can submit their offers to purchase the available features by selecting the desired item offered in the respective mobile game, clicking on the Buy button, and thus concluding the order process.
The payment options vary according to the mobile game, the participant's country, and the technically feasible payment options available in the market. Dually Games reserves the right to amend their payment options.
The money is collected via the service provider commissioned by the user for the respective payment process or via a transfer made by the user. For mobile games, money is collected via the respective app store. In individual cases, the general terms and conditions included by the authorized service provider may be applicable in addition to the general terms and conditions of Dually Games.
After completion of the payment process, Dually Games shall credit the purchased features to the user's account. The credit simultaneously represents that the user has accepted a contract from Dually Games regarding the purchase of available features.
Dually Games retains the right to revise the fees for features available for purchase. This includes Dually Games's right to increase or decrease the fees for all individual features in all future cases of purchases of purchasable features.
Statutory interest shall accrue in instances of default. Dually Games is also entitled to block the user account, recover further damages, and terminate services.
Should Dually Games incur back charges or cancellation fees at the fault of the user (including an inadequate account balance), the user shall bear the costs incurred from this.
In the case a user doesn't receive their virtual goods due to a technical glitch, Dually Games will, where applicable, manually deposit the virtual goods into the user's account, or, it will provide the user with free compensation in the form of promotional codes that match or exceed the value of the virtual goods, provided the user contacts Dually Games regarding the issue via email. In this case, the users are allowed to refund their in-app purchase with the app store without negative action from Dually Games.
9. Limitation of liability
Users are held personally liable for any violation of a third party's rights. Users agree to reimburse Dually Games for all damages resulting from the culpable non-observance of the obligations of these terms and conditions. Users release Dually Games from all eligible claims that other users or third parties may file against Dually Games due to a violation of their rights by content posted by the user or due to a violation of other obligations. Users shall assume the costs of Dually Games's legal defense, including all court and legal fees. This condition does not apply if the user is not responsible for the infringement.
The liability of Dually Games, on whatever legal grounds, whether due to contractual misconduct or a breach of duty, is ultimately determined in accordance with the following rules:
If Dually Games provides the respective liability-causing service free of charge, Dually Games is liable only for malice and gross negligence.
In the case of non-gratuitous services, Dually Games's liability is limited to cases of malice and gross negligence, but unlimited in cases of personal injury. In cases of slight negligence, however, Dually Games will only be liable for a breach of essential contractual obligations such as delay or unavailability which Dually Games is held responsible for. In the case of a breach of an essential contractual obligation, liability is limited to the typical contractual damages that Dually Games had to calculate upon conclusion of the contract due to the circumstances prevailing at this time.
"Essential contractual obligations", as previously stated, are the obligations that may be relied upon by the user and that ensure that the contract runs in accordance with its regulations and achieves the contractual aim.
Dually Games assumes no liability for interruptions within the network that are not the fault of Dually Games.
Dually Games is liable for a loss of data in accordance with the foregoing paragraphs only if such a loss could not have been avoided by adequate backup measures taken by the user.
10. Contract Duration; Deletion of User Accounts
Unless expressly stated otherwise for the respective mobile game, the contract for the use of the Dually Games's mobile games runs for an indefinite period. The contract begins upon accreditation or activation of an account by Dually Games.
The contract may be terminated by either party at any time with immediate effect, provided that a temporary contract period has not been agreed.
Either party has the right to terminate the contract for good cause without giving a period of notice. "Good cause" constitutes, in particular, if
a) a user has defaulted on payment of the fees, and does not pay despite reminders,
b) a behavior significantly affecting the game experience of other players is being displayed,
c) cheats, mods, and/or "hacks" as well as any other form of software, tools, or scripts that alter the gaming experience or the game mechanism of mobile games are being used,
d) third parties make use of a user's account, unless the rules of the game allow for specific exceptions,
e) a user makes use of a third party user account or uses more than one user account per game, unless the rules of the game allow for specific exceptions,
f) a user uses virtual items being used in mobile games outside of the mobile games, attempts to buy or sell these virtual items for "real" money, or tries to trade them (unless trading virtual items is an explicit feature of the respective game),
g) a user has sold, bought, or traded a user account, or
h) the user culpably violates laws that serve to protect other players or Dually Games
i) the user deliberately violates these general terms and conditions, additional governing provisions, and/or the rules of the game.
Termination must always be made in writing. Terminations sent via email are considered to have been made in writing.
In the case of extended inactivity, Dually Games is entitled to delete the inactive user account after giving prior notice of this and only after at least 3 months of inactivity. Moreover, Dually Games is entitled to delete a user account at the end of the contract at its own discretion.
11. Governing law
The laws of the European Union shall apply. The mandatory provisions of the country in which the user resides shall remain unaffected by this legal decision.
12. Amendments to these general terms and conditions; Miscellaneous
Dually Games retains the right to modify these terms and conditions (a) in the event of any amendments made due to legal changes, (b) in the event of any amendments made due to decisions by the Supreme Court, (c) because of technical necessity, (d) in order to maintain company operations, (e) in the event of a change in market conditions, (f) for the benefit of the user. No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties. Users will be informed of any amendments to the general terms and conditions via the Dually Games's website and via the respective mobile game at least four weeks before the amendment is scheduled to take effect. Alternatively, Dually Games may send its users the amended general terms and conditions via email or inform them that the amended general terms and conditions can be accessed via the Dually Games's websites. The user is entitled to object to any amendment within four weeks. The terms and conditions are deemed to have been accepted if the user remains silent for the four-week period or if the user opens the game again after receiving notification of the amended terms and conditions. Dually Games will specifically inform its users about the four-week period, the right of withdrawal, and the legal significance of remaining silent.
Dually Games generally communicates with the user via email - unless indicated otherwise by these terms and conditions. Users need to ensure that they regularly check the email account specified at registration for messages from Dually Games. When contacting Dually Games, users must indicate which mobile game and which user account the message concerns.
Should any provision of these terms and conditions be or become invalid and/or oppose statutory provisions, the validity of the remaining provisions of the terms and conditions shall remain unaffected.