The Terms of Service (“Terms”) you are reading are a legally binding agreement that governs the relationship between Wooga GmbH, Saarbrücker Str. 38, 10405 Berlin, Germany, (“Wooga”, “we” or “us”) and yourself (“User” or "you") with regard to the use of Wooga’s products and social games for mobile or any other applicable platforms and/or devices (the “Service”).
Please review the Terms carefully. FOR RESIDENTS OF THE UNITED STATES, THEY INCLUDE A PROVISION WAIVING THE RIGHT TO PURSUE ANY CLASS, GROUP OR REPRESENTATIVE CLAIM AND REQUIRING YOU TO PURSUE CERTAIN DISPUTES THROUGH INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT WITHIN THE SPECIFIED TIME FRAME. RESIDENTS OF THE STATE OF WASHINGTON ARE NOT WITHIN THE SCOPE OF THE AGREEMENT TO ARBITRATE. SEE SECTION 17 FOR MORE INFORMATION.
THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER AN OPPORTUNITY TO WIN REAL MONEY OR REAL WORLD PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES OFFERED THROUGH THE SERVICE, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.
1.1. Wooga may revise or modify these Terms including any other rules related to specific services, that we may publish which apply to your use of those specific services and state they are part of these Terms (“Additional Terms”) (the Terms and Additional Terms collectively shall be referred to herein as “Wooga's Terms”). If we change these Terms, we shall notify you by posting the amended Wooga's Terms on or within the Service via pop-up or similar notification. You will be bound by such revisions or modifications if you accept them on or within the Service. If you do not agree to Wooga's Terms your only remedy is to discontinue your use of the Service.
1.2. If you use our Service, you must follow all Wooga's Terms that may apply to you, because they have effectively become part of the contract with you. If you access the Service from a social network or download the Service from another platform or applications stores, such as but not limited to Facebook, Amazon, Windows Phone, Samsung, Yahoo, Apple or Google, you must also comply with their terms of service/use as well as the Wooga's Terms.
1.3. You understand that the Service is evolving. You may be required to accept updates to the Service, and to Wooga's games which you have installed on your mobile device or any other device. In cases of urgency, such as with regard to necessary security updates, Wooga may perform these updates remotely and without notifying you in advance. You may need to update third party software from time to time in order to receive the Service and play Wooga's games.
1.4. We may, temporarily or permanently, change the contractually agreed Services if and to the extent that this is necessary for good reason not foreseeable at the time of conclusion of the contract and this change does not shift the relationship between performance and counter-performance to the disadvantage of you, so that the change is reasonable for you. A good reason exists if new technical developments necessitate a change in performance, since we can no longer render the services in the previous contractually agreed form or if new or amended statutory or other sovereign requirements require a change in performance. We shall notify you via appropriate means of any changes to the Service in due time before they are scheduled to take effect. In the event of changes which are not exclusively in your favour, you are entitled to terminate the contract without observing a period of notice at the time the changes take effect. Changes to the Service are deemed to have been approved if you do not object to them until they take effect. In the notification of amendment, we point out in particular the beginning of the aforementioned period, the significance and the consequences of your non-objection.
2.1. By (i) clicking on the "Install" button on the product page of the respective app store (the label may differ depending on the app store) and, if applicable, by entering your password for the respective app store, or (ii) clicking on the "Play" button on the product page of the respective social network like Facebook (the label may differ depending on the social network), and, if applicable, by entering your password for your respective social network account, You submit a binding offer to conclude a contract for the use of the Services, including the granting of rights of use in accordance with these Terms. This offer is accepted when the download of the Game to your device starts (for (i)), or You can start playing the Game on the social network (for (ii)); further details may be governed by the terms and conditions of the respective app store or social network. An account will be created for Users to access or play our games (an “Account”) which can be used without separate registration.
2.2. The following rules govern the security of your “Account and Login Information”. For the purposes of these Terms, references to Account and Login Information shall include any account information, including User names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):
2.2.1. You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. Wooga will never ask you to reveal your password and will not initiate contact with you asking for answers to password security questions;
2.2.2. In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify Wooga and modify your Login Information if appropriate;
2.2.3. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all culpably caused uses of your Login Information, including purchases, whether or not authorized by you;
2.2.4. You are responsible for anything that happens through your Account, if such actions were culpably caused by you.
2.2.5. You undertake to monitor your Account to restrict use by those not meeting our Age Guidelines (Sec. 4.1), and you will deny access to persons as set forth in our Age Guidelines. You accept full responsibility for any unauthorized use of the Service by minors, which you have culpably caused, and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example PayPal) by minors, which you have culpably caused.
2.2.6. You shall not have more than one account per platform or social network, at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself.
2.3. You shall not use the Service if you have previously been removed by Wooga or previously been banned from playing any Wooga game.
2.4. You must provide the equipment (computer, mobile device, tablet, etc.) necessary to connect to the Service. You are responsible to pay any fees, including Internet connection or mobile fees, or for data or cellular usage to download and use the Service.
2.5. Wooga reserves the right to refuse to provide access to the Service or other services to any individual.
2.6. You may need to update third party software from time to time to receive the Service and/or updates and play Wooga's games.
2.7. You may stop using the Service at any time.
Subject to your agreement and continuing compliance with the Wooga's Terms, Wooga grants you a personal, non-exclusive, non-transferable, non-sub licensable, revocable, limited scope license to access and use the Service using a Wooga supported mobile device. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. The Wooga's Terms do not grant you or any other party any right, title or interest in the Service or any content in the Service. You hereby acknowledge that your license to use the Service is limited by the Wooga's Terms, and, if you violate or if, at any point, you do not agree to any of the Wooga's Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service.
4.1. You may not use the Services if you are under 16 years of age, in which case you must not access, use or download such games and/ or submit any personal information through the Service or to Wooga. However, if you are between 16 and 18 years of age, your parent(s) and/or legal guardian(s) must also review and agree to these Terms and permit you to access and/or use our Services. At our sole discretion, we may require proof that you meet this requirement for age (“Age Guidelines”) in connection with use of the Services. Failure to comply with this condition will result in the closing of your access to the Services.
4.2. Wooga may refuse, limit or suspend your access to the Service for good reason, including, but not limited to, a serious or repeated violation of the Terms, illegal or serious improper use of the Services, User Content (as defined below), Wooga's Games, or Wooga's intellectual property as determined by Wooga, such as attempting to disrupt or interfere with the Service including undermining or manipulating the operation of any Wooga game. You may lose your information and files associated with your Account. This applies only with regard to material breaches and/or repeated infringements.
4.3. In the event that Wooga terminates your access to the Services, you may not participate in any of the Services again without Wooga's express permission. You may not allow individuals whose access has been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: email@example.com or submit a ticket via the applicable support channel of the game.
4.4. WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS OR LONGER. IF YOU WANT US TO CANCEL OR DELETE YOUR ACCOUNT, YOU CAN CONTACT US AT SUPPORT@WOOGA.NET OR SUBMIT A TICKET VIA THE APPLICABLE SUPPORT CHANNEL OF THE GAME.
5.1. You may publish content through or in connection with the Service by using technology and tools provided by Wooga, the app stores or social networks that you are playing on. When publishing such content you represent that you own such content, that you have all rights to publish said content and that the publishing of the content complies with copyright and trademark laws. You may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of Wooga. You grant Wooga the right to act as an agent on your behalf as the Service's operator.
5.2. Any communications, messages, posts, comments, chats, images, sounds, and all the material, data, text, graphics, photographs, videos, or any other content, and their selection and arrangement, uploaded or transmitted through or in connection with a Wooga game, or any other Communication Channel (as defined below) of the Service, the app stores or social networks by any User, including, but not limited to, your User name, profile picture, voice, and game records ("User Content") are subject, whether in whole or in part, to commercial, non-commercial and/or promotional use by Wooga as further detailed below. User Content may in particular be used in promoting Wooga’s Games on social networks and other advertising channels.
5.3. Any text, graphics, photographs, files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload, post or otherwise transmit via the Service. Wooga shall not bear any responsibility for any of the abovementioned content and shall assume no responsibility for monitoring the Service for inappropriate or illegal content or conduct. We reserve the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
5.4. You hereby grant Wooga a worldwide, non-exclusive license for your User Content in connection with our provision of the Service, including the right to sublicense, copy, print, host, reproduce, fix, adapt, modify, improve, translate, reformat, archive, store, cache or otherwise exploit, manufacture, introduce into circulation, publish, distribute, disclose, sublicense, transfer, rent, lease, transmit, publicly display and publicly perform the User Content, or provide access to the User Content electronically, broadcast or communicate the User Content to the public by telecommunication, or display, perform, enter the User Content into computer memory, as well as create modified and derivative works thereof, while preserving the intellectual character of the work. The license you grant us to use User Content (except any content you submit in response to Wooga promotions and competitions or any other content specifically solicited by Wooga) ends when you delete your User Content unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
5.5. By transmitting or submitting any User Content while using the Service, you will only transmit or submit User Content that is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or third party rights, and for which you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code. The User Content shall not include any indicia identifying any other person, including, without limitation, celebrities and/or other public or private figures, living or dead, or that is invasive of a Users' privacy. Further, the User Content shall not include any of the following:
5.5.1. Comments or other materials that are sexually oriented, explicit or suggestive or exploit people in a sexual or violent manner;
5.5.2. Comments or other materials that are violent or derogatory of any ethnic, racial, gender or religious group;
5.5.3. Comments or other materials that harass or advocate the harassment of another person;
5.5.4. Comments or other materials that promote the illegal use of alcohol, drugs, or tobacco, firearms/weapons;
5.5.5. Comments or other materials that are false or misleading or conduct that is abusive, threatening, obscene, defamatory or libelous; or
5.5.6. Comments or other materials that infringe any party's trademark, trade secret or copyright.
5.6. Wooga reserves the right to remove, block, edit, move, disable or permanently delete User Content from the Service. If you are aware of any User Content posted in connection with the Services, which violates the Wooga's Terms, please contact us at firstname.lastname@example.org or submit a ticket via the applicable support channel of the game. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Content should be removed. Please note that filing a complaint will not guarantee its removal. We only will remove User Content if the measure is necessary, in our sole discretion or for legal reasons. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled "Copyright Notices". Although we may attempt to monitor User Content, in no event do we assume any particular obligation to do so or liability for failing to either monitor the application or remove specific User Content.
6.1. The Service may provide communication channels such as but not limited to fan pages, forums, blogs, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service Users and post User Content, including your feedback, questions, suggestions, ideas, submissions, observations and comments on designated topics. Wooga cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. Wooga shall have no responsibility to evaluate or use any ideas or information you may choose to submit and such data shall be treated as non-confidential and non-proprietary. Wooga is under no obligation to monitor these communication channels but may do so and reserves the right to review materials posted to the Communication Channels. Wooga may also terminate or suspend your access to any Communication Channels for good cause, if you substantially violate these Terms. You acknowledge that chats, postings, or materials posted by Users on the Communication Channels are neither endorsed nor controlled by Wooga, and these communications should not be considered reviewed or approved by Wooga.
6.2. You agree that Wooga may use, exploit and disclose the comments, feedback, suggestions, concepts, ideas, know-how or techniques contained in any communications you provide that are necessary for the provision of the Services. All your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. If you become aware of misuse of the Service by any person, please contact us at email@example.com or submit a ticket via the applicable support channel of the game. Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be disclosed: (i) when we are required to disclose the information in response to legal process (for example, a court order); (ii) where we reasonably believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iii) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (iv) in order to protect the rights or property of Wooga, including to enforce our Terms.
6.3. You are solely responsible for your interactions with other Users of the Service and any other parties with whom you interact through the Service and/or Wooga games. Wooga reserves the right, but has no obligation, to become involved in any way with these disputes. If you have a dispute with one or more Users in relation to the Services, you will indemnify us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, which you have culpably caused.
7.1. There is never any requirement to make any purchase of any kind to use the Service. The Service may include an opportunity to earn or purchase virtual, in-game currency, including but not limited to virtual coins, diamonds, points, credits, and/or bonuses all for use in the Service ("Coins") or virtual in-game items or collections (together with the Coins, “Virtual Items”). A certain number of Virtual Items will be made available to you to collect when you access the Service for the first time and later through certain features inside the Service. If you exhaust your supply of Coins or other Virtual Items, you may elect to purchase additional Virtual Items and continue to play the games through the Service or you may wait until additional free Coins or other Virtual Items are available to you. Coins and other Virtual Items are licensed to you by us for your use through the Service, subject to the limitations and other terms set out in greater detail below.
7.2. If you wish to purchase Coins or other Virtual Items, you will be required to pay a fee using “real world” money to obtain the Virtual Items.
7.3. Except for when you exercise your right to withdrawal or in case of an ordinary termination of the contract by Wooga, Virtual Items cannot be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from Wooga or any other party.
7.4. Your purchase of Virtual Items is not transferable or exchangeable, except at Wooga's sole discretion.
7.5. You understand that you have no right or title in the Virtual Items appearing or originating in any Wooga game, whether “awarded” in a game or “purchased” from Wooga, or any other attributes associated with an Account or stored on the Service.
7.6. You may not transfer, purchase, sell, acquire, or exchange Virtual Items outside the Service, or attempt to sell, give or trade in the "real world" anything that appears or originates in the Service unless otherwise expressly authorized by Wooga in writing. We won't recognize those transfers as legitimate. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without Wooga's written permission. Doing so is a violation of these Terms and may result in termination of your access to the Services and/or legal action taken against you, any such transfer or attempted transfer is prohibited and void. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Items with the Services, you have no right or title in or to any such Virtual Items appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services.
7.7. Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be purchased or acquired from us and through means we provide on the applicable Service or otherwise expressly authorize. Wooga does not recognize any purchases or transfers made outside of the Service on any other platform or e-commerce website, and shall not be liable for any claims or damages caused to the Users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the game. We reserve the right to refuse your request to purchase and/or acquire Virtual Items for any reason or revise the future pricing for the Virtual Items at any time.
7.8. Virtual Items purchased in our games via applications stores or platforms such as but not limited to Facebook, Apple iOS, or Android will be subject to those platforms' payment terms and conditions. Wooga does not control how you can pay on those platforms and shall not be liable for processing the payment by such third parties. Please review those platforms' terms of service for additional information. Your order for Virtual Items will represent an offer to us to obtain a limited license for the relevant service(s) or virtual in-game item(s) which will be accepted by us when we make the Virtual Items available in your account for you to use in our games. Your limited license to Virtual Items for use in Wooga games is a service provided by Wooga that starts when we make the Virtual Items available in your Account for you to use in our games.
7.9. When you get a limited license to use Virtual Items, they will reside in your Account until discharged through use of the Service. When purchasing Virtual Items or other content as may be made available, you agree to pay the applicable charges for your purchase, including applicable taxes, using a valid charge card or other payment method as may be accepted in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable.
7.10. If you are charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance to payment provider policy.
7.11. You are responsible for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
7.12. Insofar as we have the right to temporarily or permanently suspend the use of the Services towards you, a right to refuse performance also exists with regard to Virtual Items.
7.13. Coins in the game is only a counting unit for the extent of use of the game granted in the license agreement (e.g. number of game actions that can be triggered, type and number of unlockable levels, etc.) and is not subject to exchange rates with real means of payment. In particular, it is not e-money within the meaning of the German Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz).
The customer, which is a consumer in accordance with Section 13 German Civil Code (BGB), i.e. a natural person who is concluding a transaction for purposes that are pre-dominantly not for his/her own commercial or self-employed activities ("Consumer") has a statutory right of withdrawal as regards the purchase of Virtual Items.
8.1. Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period shall be fourteen days from the day the contract was concluded.
To exercise your right of withdrawal, you must notify us, Wooga GmbH, Saarbruecker Str. 38, 10405 Berlin, Germany, phone: 0049 30 5210 705 93, fax: 0049 30 8964 9064, firstname.lastname@example.org of your decision to withdraw this contract by means of a clear declaration (e.g. by a postal letter, fax or e-mail). You may use this withdrawal form, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of your withdrawal before this period expires.
Effects of withdrawal
If you withdraw this contract, we shall reimburse to you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your selection of a delivery method other than the least expensive type of standard delivery offered by us), immediately and within no more than fourteen days from the day on which we received notification of your withdrawal of this contract. For this reimbursement, we will employ the same payment method as the one used by you for your original transaction, unless otherwise expressly agreed with you and you will on no account be charged a fee for this reimbursement.
8.2. Please note that your right to withdraw expires prior to the expiry of fourteen days, if we have provided services to you immediately upon the start of this contract and have informed you about such prior expiry before providing services and have received your consent thereto.
9.1. You represent and warrant that you have full right and authority to use the Service and to be bound by the Wooga's Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Wooga's Terms.
9.2. You undertake that you shall not defraud, or attempt to defraud, Wooga or other Users, and that you shall not act in bad faith in your use of the Service. If Wooga determines that you do act in bad faith in violation of the Wooga's Terms, or if Wooga determines that your actions fall outside of reasonable community standards, Wooga may prohibit you from using the Service. This applies only with regard to material breaches and/or repeated infringements.
9.3. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not culpably:
9.3.1. Access the Service if you do not meet the Age Guidelines;
9.3.2. Upload, post, transmit or otherwise disseminate material or information that is vulgar, violent, indecent, obscene, pornographic, sexual contains nudity, excessive violence or that is, in a reasonable users' view, otherwise offensive or objectionable subject matter or that contains a link to such content;
9.3.3. Libel, ridicule, defame, mock, disparage, stalk, intimidate, threaten, harass, harm, advocate, incite harassment, or abuse another person, group, Wooga's employees, including Wooga's customer service representatives, hatefully, racially, religiously, ethnically or in any other manner;
9.3.4. Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, RATs, keyboard loggers, spyware, adware, or any other malicious or invasive code or program, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other Users of the Service;
9.3.5. Advertise, solicit or transmit any commercial advertisements or unauthorized communications through the Service, including chain letters, junk e-mail or repetitive messages (spim or spam) and any materials that promote malware, spyware and downloadable items to anyone;
9.3.6. Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
9.3.7. Create false personas, multiple identities, use bots or other automated software programs to defraud or which otherwise violate the Wooga's Terms and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
9.3.8. Attempt to obtain or reveal passwords or other private information from other Users including personally identifiable information (whether in text, image or video form), identification documents, financial information or any information that may be sued to track, contact or impersonate another individual, including without limitation, other Users and Wooga's employees;
9.3.9. Upload or transmit (or attempt to upload or to transmit), without Wooga's express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware", "passive collection mechanisms" or "pcms");
9.3.10. Improperly use support channels to make false reports to Wooga or using profane and abusive language in your communications with our support personnel;
9.3.11. Use the Service in order to design, assist, develop, distribute, use, or publicly inform other members of "auto" software programs, "macro" software programs, "cheat utility" software programs or applications, hacks, mods or any other unauthorized third party software designed to allow the User to cheat or obtain an unintended advantage while using the Services or modify or interfere with the Service or any Wooga game experience, including, without limitation, enabling unauthorized activity related to Users' balances;
9.3.12. Exploit, distribute or publicly inform other members of any game error, miscue, bug or technical malfunction which gives an unintended advantage, including but not limited to accessing one-time promotions more than once;
9.3.13. Deal with Virtual Items in a manner that violates these Terms, including transferring Virtual Items to other individuals, parties, or entities, selling or re-selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
9.3.14. Rent, lease, sell, trade, gift, bequeath or otherwise transfer or share your account to anyone without Wooga's written permission;
9.3.15. Access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Wooga's written permission;
9.3.16. Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
9.3.17. Use the Service in connection with any violation of any applicable laws or regulations, or encourage or promote the violation of any applicable law or regulation or any illegal activity including, but not limited to, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
9.3.18. Attempt to use the Service on or through any service that is not explicitly authorized by Wooga. Any such use is at your own risk and may subject you to additional or different terms. Wooga takes no responsibility for your use of the Service through any service that is not authorized by it;
9.3.19. Collect, harvest, post or communicate any Users' real-world personal information or private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service;
9.3.20. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service;
9.3.21. Interfere with the ability of others to enjoy using the Service or any Wooga game, including disrupt, overburden, assist or aid in the disruption or overburdening of any computer or server used to offer or support the Service or any Wooga game environment, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its Users;
9.3.22. Engage in any act that Wooga deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating the Wooga's Terms, our game rules, game mechanics or policies;
9.3.23. Without Wooga's express written consent, modify or cause to be modified any files, codes, or any other component which is part of the Service;
9.3.24. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
9.3.25. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the User interface provided by Wooga, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
9.3.26. Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service;
9.3.27. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
9.3.28. Use any unauthorized third-party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Wooga game characters, elements, or environment. Wooga may, at its sole and absolute discretion, allow the use of certain third party User interfaces;
9.3.29. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
9.3.30. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
9.3.31. Bypass any robot exclusion headers or other measures we employ to restrict access to the Service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
9.3.32. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation: (i) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (ii) any connection using programs, tools, or software not expressly approved by Wooga;
9.3.33. Reverse engineer, decompile, disassemble, decipher, modify or otherwise attempt to derive the object code or source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Wooga;
9.3.34. Copy, modify or distribute rights or content from any Wooga site or game, or Wooga's copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms;
9.3.35. Solicit or attempt to solicit personal information from other Users of the Service;
9.3.36. Use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service and User Content; or
9.3.38. Use any automatic machine to operate Wooga Client Software or use any other Wooga software, other than the Wooga Client Software.
9.3.39. Use the Wooga Server API with any software other than the Wooga Client Software.
9.4. Any use of the Service in violation of these Rules of Conduct and Usage is strictly prohibited, may result in the immediate revocation of your limited license granted hereunder; however, this applies only with regard to material breaches and/or repeated infringements.
9.5. In the event of a first and minor breach of the Rules of Conduct and Usage, Wooga shall notify the User with a request for a statement. If the User does not remedy the breach of contract within a reasonable period specified in the notification, Wooga shall be entitled to suspend the User's access to the Services.
10.1. Wooga retains all rights in the Service materials (including, but not limited to, any games, applications, software, titles, computer code, themes, objects, characters, character names, animations, stories, dialogue, catch phrases, concepts, artwork, designs, graphics, fonts, texts, information, pictures, video, sound, music, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, any correspondence with Wooga, character profile information, personalized avatar, recordings of games played and other files, and their selection and arrangement) (collectively, “Service Materials”) and any patents, trademarks, designs, trade dress, brands, service marks and any other Intellectual property rights whether registered or not (“IPR”) used in relation to or with the Service and are owned or licensed by Wooga.
10.2. You may only use the Service Materials and IPR in connection with your use of the Services for personal, non-commercial, entertainment purposes only. The Service Materials or IPR may not be used, including any derivative use, by you in any other manner, or for any purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein.
10.3. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
10.4. If you breach these Terms, or any of our other terms that apply to you, we may take action against you, up to and including terminating your use of the Service, however, this applies only with regard to material breaches and/or repeated infringements.
If you are the owner of a copyright and you believe that your work has been copied in the Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us the following information:
11.1. a description of the copyrighted work or other intellectual property that you claim has been infringed;
11.2. a description of where the material that you claim is infringing is located in the Services (examples: game or feature or level);
11.3. your contact details;
11.4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
11.5. a statement by you that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner's behalf.
12.1. From time to time, we may offer limited time promotions, contests, sweepstakes and special offers (“Promotion”). Please review the official rules associated with such promotions located at https://www.wooga.com/legal/en/wooga-promotion-rules and any other Terms and Conditions that apply to such Promotion. They will apply in addition to these Terms.
12.2. In addition, from time to time, we may promote features, programs, including offers, excursions, and special gifts, both digital and tactile, that Wooga may offer from time to time to all or to certain eligible players (“Offers”). We are not required to give, and Users are not required to accept, any Offer. Offers are not transferable, redeemable or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release or sign other paperwork in order to get the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept an Offer you also assume all liability associated with the Offer. Sometimes, we may request your feedback on certain features through a promotion or our customer insights program. Any feedback you provide at our request through a promotion or program is subject to the rules of the specific promotion or program. All Offers are governed by the official rules located at https://www.wooga.com/legal/en/wooga-promotion-rules, unless different official rules were provided and published by Wooga for any specific Offer.
You understand that the Service and Wooga games may feature advertisements from Wooga or third parties. Wooga may provide links in our games or on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving some feature of the Service and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. Wooga makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service or games, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Wooga and may collect data or solicit personal information from you, or they may automatically collect information from you. When you use other companies' services like these, the other company's service may (or may not) ask you for permission to access your information and content. Wooga is not responsible for their content, business practices or privacy policies, or for the collection, use, share or disclosure of any information those sites may collect from you. Your relationship with that other company will control how it can use, store, and share your information. Further, the inclusion of any link does not imply endorsement by Wooga of these linked sites. We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By accessing, using or downloading the Services, you acknowledge that we have not reviewed all the web sites linked to the Services. Your linking to any other off-site pages or other sites is at your own risk.
14.1. By accessing, using or downloading the Services you acknowledge that your use of the Service, in whole and in part (including, without limitation, all content, and User materials), shall be provided on an "as is" basis.
14.2. In case of a malfunction or disruption of the Services that prevents you from completing a game session in which you have begun to participate, Wooga may allow Users to participate again in a new game session. Wooga is not liable for any potential winnings or other lost opportunity from any unfinished game session or a game malfunction or error of any kind, if the malfunction or error is out of Wooga’s control. In the event of such error or malfunction, Wooga may in its sole discretion, adjust the amount of credits, Coins or Virtual Items due to such error or malfunction that is out of Wooga’s control.
14.3. Insofar as services are provided free of charge (e.g. provision of the game in its basic function) Wooga does not assume any warranty; Wooga shall only be liable for defects of the game if Wooga has fraudulently concealed the respective defect.
14.4. If services are provided against payment (e.g. provision of paid content or certain Virtual Items) and a content or functionality is defective in this respect and the User reports this defect to Wooga, Wooga will, at its discretion, either remedy the defect within a reasonable period of time to be set by the User (e.g. by means of an update) or provide the User with a new version of the content or functionality which does not contain the defect. If this subsequent performance is finally refused or fails, the User may reduce the remuneration or withdraw from the contract for the acquisition of the affected content or functionality and in both cases claim damages in accordance with these Terms.
15.1. Insofar as Services are provided free of charge (e.g. provision of the game in its basic function) Wooga shall only be liable for intent and gross negligence in accordance with the statutory provisions; Wooga shall only be liable for defects of the game if Wooga has fraudulently concealed the respective defect.
15.2. Insofar as services are provided against payment (e.g. provision of paid content or certain Virtual Items), Wooga 's legal liability shall be limited as follows:
15.2.1. Wooga shall be fully liable for intent and gross negligence as well as for damages caused by injury to life, body or health.
15.2.2. In an event of slight negligence, Wooga shall be liable only for breaches of a material contractual obligation. A material contractual obligation in the meaning of this provision is an obligation whose fulfillment makes the implementation of this contract possible in the first place and of which the contractual partner may therefore generally rely.
15.2.3. In a case according to clause 15.2.2, Wooga shall not be liable for any lack of commercial success, lost profits and indirect damages.
15.2.4. Liability in accordance with the above Clause 15.2.2 shall be limited to the typical and foreseeable damages at the time the Agreement was concluded.
15.2.5. Wooga shall not be liable for damages resulting from a modification of the Service by the User or a software or hardware environment which deviates from the system requirements.
15.2.6. The limitation of liability shall apply mutatis mutandis to the benefit of the employees, agents and vicarious agents of Wooga.
15.2.7. Any potential liability on the part of Wooga for any guarantees and for claims based on the German Product Liability Act (Produkthaftungsgesetz) shall not be affected.
15.2.8. Any further liability shall be excluded.
15.3. In case of culpable conduct by you, you agree to release, discharge, defend, indemnify and hold Wooga, and any of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with:
15.3.1. Your use or misuse of and access to the Service;
15.3.2. Your violation of any term of the Wooga's Terms;
15.3.3. Your violation of any third party right, including without limitation any copyright, property, or privacy right;
15.3.4. Any claim that a User submissions made by you has caused damage to a third party; or
15.3.5. Any User Content you post or share on or through the Service.
16.1. Governing Law. The contractual relations between the parties under these Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods ("CISG"). If you are a consumer and do not reside in the Federal Republic of Germany, such contractual relationship is subject exclusively to the law of the Federal Republic of Germany, excluding the CISG, unless mandatory provisions of the law of the country in which you have your habitual residence provide otherwise.
16.2. Judicial Forum for Disputes. In relation to (i) Users who are not consumers, (ii) consumers who are not resident in Germany at the time of conclusion of the contract or who move their residence abroad after conclusion of the contract, and (iii) consumers whose usual place of residence is unknown at the time of filing a lawsuit, the place of jurisdiction and place of performance is Berlin. Otherwise, the place of jurisdiction shall be determined in accordance with the general rules.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND WOOGA TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND WOOGA CAN SEEK RELIEF FROM EACH OTHER.
By agreeing to these Terms, you and Wooga agree that any and all past, present and future disputes, claims or causes of action between you and Wooga arising out of or relating to these Terms, the Service, the formation of these Terms or any other dispute between you and Wooga or any of Wooga's licensors, distributors, suppliers or agents (including but not limited to any application store or platform from which the Service is accessed or downloaded), and whether arising prior to or after your agreement to this Section, (collectively, “Dispute(s)”) will be governed by the procedure outlined below. You and Wooga further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action.
“Country of Residence” for purposes of this Section 17 means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Service. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence.
17.1. Governing Law. If your Country of Residence is the United States, these Terms will be interpreted in accordance with the laws of the Federal Republic of Germany, excluding the CISG. The agreement to arbitrate contained in this Section 17, its scope and its enforcement shall also be governed by the United States Federal Arbitration Act without regard to conflict- or choice-of-law principles.
17.2. Wooga wants to address your concerns without needing a formal legal case. Before filing a claim against Wooga, you agree to try to resolve the Dispute informally by contacting email@example.com. Similarly, Wooga will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a dispute is not resolved within 15 days after the email noting the Dispute is sent, you or Wooga may initiate an arbitration proceeding as described below.
17.3. We Both Agree To Arbitrate. By agreeing to these Terms, you and Wooga each and both agree to resolve any Disputes through final and binding arbitration as discussed herein, except as set forth under “Opt-out Agreement To Arbitrate” below.
17.4. Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and Wooga will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
17.5. Residents of the State of Washington, USA. If you are a resident of the State of Washington or were a resident of that state while using the Service at any time since January 1, 2014, then this Section 17 does not apply to you, with the sole exception of the choice of law (Federal Republic of Germany) set out in 17.1 above. For clarity, residents of the State of Washington are not agreeing to arbitrate and need take no action to avoid application of the agreement to arbitrate.
17.6. Arbitration Procedures and Fees. You and Wooga agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought. Those rules are available at www.adr.org. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Wooga further agree that the arbitration will be held in New York, New York, or, at your election, will be conducted telephonically or via other remote electronic means. The AAA rules will govern payment of all arbitration fees.
17.7. Arbitration Shall Proceed Individually. You and Wooga agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Wooga may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing (and as an illustrative but not exhaustive example), a claim to resolve any Dispute against Wooga will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
17.8. Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR WOOGA SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF SUBSECTIONS 17.7 OR 17.8 OF THIS SECTION 17 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 17 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER party's ELECTION.
17.9. Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Wooga agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Berlin, Germany. Both you and Wooga consent to venue and personal jurisdiction there.
18.1. You are subject to all laws of the geography in which you reside and from which you access the Services and are solely responsible for obeying those laws. Wooga cannot be held liable if laws applicable to you restrict or prohibit your participation. Wooga makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with Wooga have authority to make any such representations or warranties. Wooga reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted.
18.2. The Wooga's Terms constitute the entire agreement between you and Wooga relating to the subject matter hereof, and (except in the case of fraud or made a fraudulent misstatement) supersede all prior understandings of the parties relating to the subject matter hereof, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us.
18.3. If any portion of the Wooga's Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Wooga's Terms, which shall continue to be in full force and effect.
18.4. The failure of Wooga to require or enforce strict performance by you of any provision of the Wooga's Terms or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Wooga's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Wooga of any provision, condition, or requirement of the Wooga's Terms 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 or individually agreed between you and Wooga, no representations, statements, consents, waivers, or other acts or omissions by Wooga shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Wooga.
18.5. You acknowledge that the rights granted and obligations made under the Wooga's Terms to Wooga are of a unique and irreplaceable nature, the loss of which shall irreparably harm Wooga and which cannot be replaced by monetary damages alone. Accordingly, Wooga 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.
18.6. The headings titles in these Terms are provided solely for convenience and have no legal or contractual significance.
18.7. Wooga shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Wooga, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Wooga's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, unlawful strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
18.8. All notices given by you or required from you under the Wooga's Terms may be submitted by email to email@example.com, by a ticket via the applicable support channel of the game or in writing and addressed to: Wooga GmbH, Saarbruecker Str. 38, 10405 Berlin, Germany.
18.9. The European Commission provides a platform for Online Dispute Resolution (OS) at http://ec.europa.eu/consumers/odr/. Wooga is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Effective as of 2020-09-19.