These Terms of Service apply to all offers and services (“Services”) of Roccat Games Studio GmbH, Otto von Bahrenpark, Gasstrasse 4, 22761 Hamburg (hereinafter “Roccat“) with regard to the game “Elevator…To The MOON” (“Game”). All transactions between Roccat and the user (hereinafter “User“) in connection with the Services are subject exclusively to the following Terms of Service (hereinafter “Terms”) in the version, effective on the date of the purchase order.
By using the Services the User and upon acceptance of these terms of service (“Terms“) the User agrees and acknowledges to be bound by these Terms. They are an integral part of each contract between the User and Roccat unless provided otherwise in a particular case. The Terms also apply to any future transactions with the User, whether or not they are expressly made applicable again at that time. If you do not agree to these Terms, please do not use the Services.
Roccat is entitled to change the Terms with effect for a future date. We will only carry out these changes for an important reason; in particular based on new technical developments, expanding our services, changes in legislation or jurisprudence or other equivalent reasons. Should the change significantly distort the contractual balance between the parties, the change will not take place. In all other cases, changes require your approval. You agree to be informed about changes to the Terms when you log in to the relevant games platform or via ingame messages or by e-mail to your most recently notified e-mail address. The Terms are considered accepted if you do not object to them in writing or in text form (e.g. by e-mail or fax) within eight weeks after receipt. (“Objection Deadline“). When notifying any changes, we will draw specific attention to this option. We advise you to direct any objection to us in writing or by e-mail for the preservation of evidence. In the latter instance, it is recommended to provide the name of both the Game and your own name in the subject line. If you, as User, do not object to the changed Terms towards us within the Objection Deadline or you continue to use the Games despite access to the notification concerning changes, the changed or supplementary Terms become effective. If you, as User, object within the deadline, both you and us are entitled to duly terminate the contractual relationship. Any possible service fees paid in advance for the period after the termination shall be refunded to the User on a pro rata basis. When notifying changes, we will always explicitly point out the possibility of objection and termination as well as the period of notice and the legal consequences in particular where an objection does not take place.
Roccat provides the Game through third party platforms for download by the User to the User’s terminal device (such as a computer, console, smartphone, etc., hereinafter “Terminal Device”).
Roccat grants the User the right to use the Game in accordance with these Terms.
The Game is protected by copyright and trademark law. In order to download the Game the software must be installed on the User’s Terminal Device. The User is entitled to use the Game exclusively for his own personal, non-commercial use. The User is not permitted to make the Game publicly available, to alter the Game. In addition, editing, decompiling, disassembling, and reverse engineering are prohibited. Inciting third parties to or aiding and abetting such acts is also prohibited. It is prohibited to distribute user generated content (“Mods”), regardless whether free of charge or against remuneration.
Roccat has the right to feature advertising - including custom advertisements within the Game in compliance with applicable laws. This right also extends to advertising by companies affiliated with Roccat and advertising included in newsletters sent to the User by e-mail, provided that the User has agreed to receive newsletters.
User may participate in the forum (hereinafter “Forum”).
Although the administrators and moderators of the Forum will – after having knowledge - attempt to keep all objectionable messages off the Forum, it is impossible for Roccat to review all messages. All messages express the views of the particular User as author and not Roccat. Roccat will not be held responsible for the content of any message.
By agreeing to these rules, you as User warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws.
In the event that the User infringes these rules, the User is obliged to indemnify Roccat for the damage resulting therefrom; the User is particularly obliged to release Roccat from any third party claims in this regard upon first demand.
Roccat reserves the right to remove, edit, move or close any content item for any reason or no reason.
Roccat reserves the right to exclude users from usage of the Forum for any reason or no reason.
If you are banned from the forums, you may not create another account.
The User shall use the Game only for his/her own personal, non-commercial purposes.
The User agrees not to retrieve, store, process, modify, forward or make accessible to third parties any information from the Game, unless expressly permitted under these Terms.
If specific circumstances indicate that the User has violated applicable laws or rights of third parties, or if Roccat otherwise has a rightful interest, including, without limitation, an interest in the protection of other users, Roccat may imit use of the Game.
Roccat provides the Game without any explicit warranty or condition.
You understand and agree that you use the Game at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. Under no circumstances shall Roccat be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever (however arising, including by negligence), including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension, or termination of the Game or Services and damages resulting from loss of use, data, goodwill, whether or not Roccat has been advised of such possibility. Your only right with respect to any dissatisfaction with the Game or Services with Roccat shall be to terminate use of this Game and Services. Your statutory rights in case of nonconformity of the Game or Services remain reserved.
Roccat assumes no liability, in particular, for any damages resulting from any third-party actions affecting the User's system or resulting during data transfers from the User to Roccat or from Roccat to the User.
Any liability of Roccat that may arise notwithstanding the foregoing provisions shall in each case be limited to damages caused by willful or grossly negligent actions or omissions of Roccat, its representatives or agents, or resulting from a material breach of contract. Material contractual duties in this sense are duties ensuing from the nature of the contract and whose breach would jeopardise the attainment of the purpose of the contract. Liability shall be limited to reasonably foreseeable damages, unless Roccat is held liable for a breach of contract resulting from willful or grossly negligent actions or omissions.
Any liability for wrongful injury to life, body or health shall remain unaffected thereby. The same shall apply to any liability that attaches by operation of law, e.g. in accordance with the German Products Liability Act.
Roccat generally provides all information, advice and recommendations to the best of its knowledge. There is no primary or subsidiary obligation to provide any information, advice or recommendations. Therefore, Roccat also is not liable for any damages resulting from the User's acting on such information, advice or recommendations, unless liability is based on tort or other provisions of applicable law. Information, advice and recommendations may involve images or texts, irrespective of whether such information, advice or recommendations are accessible to the general public or provided to the User personally.
Except as provided herein, any liability of Roccat for damages, whatever the legal grounds, is hereby excluded.
Please review the terms and conditions, health warnings and all setup and operating instructions for devices that are supported by the Stores or Platforms that are hosting our Software. We’re not responsible or liable in any way for any personal injury, property damage, or any other issue you may have resulting from your use of a Device.
These Terms are governed by German law without reference to conflict of laws principles. Mandatory legal provisions related to consumer rights of the country of residence of the consumer which cannot be limited or excluded by contract remain unaffected by this choice of law.
© 2017 ROCCAT Games Studio GmbH