These terms create a legal agreement between you (“you” or “your”) and Hardscore Games GmbH (“Hardscore”, “us” or “we”), Alte Jakobstr. 85/86, 10179 Berlin, Germany (HRB 149080 B) regarding your use of Hardscore games (“Game” or “Games”), their websites or related services (the “Service”).
You agree that by accessing or using the Service, you are agreeing with these terms. You represent that you are age 13 or older and understand and agree to these Terms of Service. If you are between 13 and 17 you represent that your legal guardian has reviewed and agreed to these terms.
Hardscore reserves the right to change, modify, add or remove portions of these terms at its own discretion by posting amended terms. Your continued use of the Service shall confirm your acceptance of any updated terms. Should you disagree with any point of the then current Terms of Service, your license to use the Service shall immediately terminate and you must immediately stop using the Service.
Subject to your agreement and continuing compliance with these Terms of Service, Hardscore hereby grants you a limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes only. The license granted is non-exclusive, non-transferable, non-sublicensable and revocable.
The following restrictions apply to your use of our Services
- Accounts must be created using your correct identity and not on behalf of others. The sale, rent or transfer of accounts is strictly prohibited.
- Any player who has previously been banned from a Hardscore Game shall not continue to access the Service under any guise.
- Your account is limited to non-commercial entertainment use. Any other use of your account is strictly prohibited.
- You shall restrict and protect your account from any use by minors under the age of 13. You accept full responsibility for any use of payment instruments by minors and accept full responsibility for any unauthorized use of your account by minors.
Additionally to this license, Hardscore fully reserves the right to withdraw or modify one or more of their Games or any other part of their Service without liability in whole or in part should they see fit.
By installing and opening the Hardsore Game you may be asked to create an account or have an account automatically created for you on your compatible device. These Terms layout the following provisions for such an account:
- All account details such as username, password or associated email address must not be shared with others. In the event of a loss of such information you must inform Hardscore immediately and modify your Account Information to protect the security of your account.
- You agree to take full responsibility for any loss of account details (whether intentional or unintentional) and accept full responsibility for the consequences of such a loss (including any unauthorized purchases).
- The Service only allows one Account per Game per supported device. Any attempt to circumvent this clause will revoke the license of a play immediately.
- Hardscore reserves the right to terminate and delete any account which has not been accessed for a period of 180 days. You understand that any such action can lead you to permanently lose access to any and all data previously associated with this account.
- Hardscore reserves the right to change, remove or reclaim Account information items which it deems to be offensive and/or in danger of violating a third party’s rights in some way. This includes but is not limited to usernames, character names of other identifiers.
3. Virtual Goods and Virtual Money
Hardscore allows user to purchase Virtual Currency, Goods, Money or Items as part of their Service (hereinafter known as “Virtual Goods”).
- It is possible to purchase a limited, personal, non-transferable, non-sublicensable, revocable license within the Service using “real world” money. This license covers the use of “Virtual Goods”. You do not own Virtual Goods but instead you purchase a limited personal revocable licence to use them – any balance of Virtual Goods does not reflect any stored value.
- Hardscore may amend, modify, add, remove, control or regulate Virtual Goods at their own discretion without notice and shall have no liability to you or any third party in such an event.
- The trading or transfer of Virtual Goods between Accounts is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer any Virtual Goods to any person or entity.
- All purchases and redemptions or Virtual Goods are final and non-refundable.
- Any purchase of Virtual Goods begins as soon as your purchase is accepted by Hardscore.
- Hardscore is not required to provide a refund for unused Virtual Goods under any circumstance. This includes compensation in the event of account closure regardless of the reason for closure.
Hardscore values appropriate user conduct and sets forth the following provisions for how users should conduct themselves within the Service:
4.1 User Conduct & Interaction
- You must comply with all applicable laws in the location in which you access our Services from. In case any laws prohibit use of our Services you must comply with these prohibitions and cease use of the Service.
- You agree not to undertake any of the following activities in using the Service:
- Using or attempting to use cheats, hacks, mods, bots or any other un-authorized third-party software or tool which might interfere with the Service or the infrastructure or hardware on which the service runs
- Engaging in, assisting in or becoming involved in any attack or attempt to attack the Service with the goal or disrupting the use of the Service by others
- Reverse-engineering, decompiling or deciphering source code relating to the Service or any underlying software
- Attempt or assist in any attempt to breach the security of the Service or any related accounts in any way.
- Attempt to hide, disguise or anonymize your IP address, user information or other identifiers when accessing the Service
- Hardscore reserves the right to determine what conduct is considers to be in violation of the rules of use or which is against the spirit or intent of these Terms of Service. Hardscore reserves the right to take action as a result of perceived breaches which may include termination of your account and prohibiting use of the Service in whole or in part.
- You acknowledge that that you are solely responsible for your interaction with other players as part of the Service.
- You acknowledge that you will fully co-operate with Hardscore in the case of any investigation into User Interaction or Conduct and fraudulent, unlawful or improper activity relating to the Service.
- You release Hardscore from any claims, demands or damages (actual and consequential) of any kind arising out of any dispute with other players or any such activity in the preceding clause.
4.2 User content
- Any 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 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 are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
- You agree not to upload, communicate, transmit, or otherwise make available any Content or links to any Content which:
- May be interpreted as abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
- Contains nudity, excessive violence, or offensive subject matter
- could reasonably be viewed as invasive of another’s privacy;
- can reasonably be viewed as having potential to incite hatred or violence
- infringes on the intellectual property rights or other propriety rights of others
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Hardscore reserves the right to remove Content which it deems to have breached these Terms but assumes no responsibility or obligation to do so.
- To this end, you acknowledge that Hardscore may monitor and record all User Content available in connection with the Service.
- You hereby grant Hardscore an irrevocable, transferrable, royalty-free, worldwide license (including rights to sublicense and assign to third parties) and right to copy, reproduce, distribute, modify, license, sell, commercialize, transmit, perform publically or otherwise exploit by any means all User Content in connection with our operation of our Services. This includes the marketing and promotion of said Services and the rights to any derivative works from such User Content. You furthermore agree to waive all rights to attribution or any other moral rights you may have to such User Content.
- Hardscore assumes no responsibility for the conduct of users or any user content as part of their Service. You understand that you may be exposed to Content which you may deem indecent, offensive or objectionable. Hardscore will in no way be liable for any damages as a result of this and you use our Service at your own risk.
5. Breach of Terms
Hardscore reserves the right to suspend, limit, modify or terminate access to our Services if we reasonably believe that you may be in material breach of these Terms (including repeated minor breaches) without prior notice.
6. DISCLAIMER OF WARRANTIES
WITHOUT LIMITING HARDSCORES’ LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HARDSCORE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNI FICATION
HARDSCORE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HARDSCORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HARDSCORE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO HARDSCORE IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO HARDSCORE DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND HARDSCORES’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH HARDSCORE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Hardscore may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Hardscore’ liability shall be the minimum permitted under such applicable law.
IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF HARDSCORE.
You agree to indemnify, defend and hold Hardscore harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. DISPUTE RESOLUTION AND LAW
These Terms of Service and any dispute arising out of or related to or the Service shall be governed in all respects by German law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Hardscore must be resolved exclusively by a court located in Berlin, Germany.
10. GENERAL PROVISIONS
10.2. Supplemental Policies
Hardscore may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10.3. Entire Agreement
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein contain the entire understanding of you and Hardscore, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
10.4. No Waiver
The express waiver by Hardscore of any provision, condition, or requirement of these Terms of Service shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Hardscore shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Hardscore.
We may notify you via postings on www.hardscoregames.com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service shall be in writing and addressed to: Hardscore Games GmbH Attn: Legal, Alter Jakobstr. 85/86, 10179 Berlin, Germany. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Hardscore are of a unique and irreplaceable nature, the loss of which shall irreparably harm Hardscore and which cannot be replaced by monetary damages alone so that Hardscore shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Hardscore game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
10.7. Force Majeure
Hardscore shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Hardscore, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Hardscore’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.