These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any website ("TrappedGames Websites") offered by TrappedGames (Jan "GamesTrap" Schürkamp) or any its subsidiaries and affiliates (collectively, "TrappedGames"). Please read the Supplemental Terms that are included in section 12 onwards of this document. The Supplemental Terms and TrappedGames Privacy Policy are an integral part of these Terms of Service and incorporated into this document by reference. You can also find the TrappedGames Privacy Policy at www.trappedgames.de/privacy-policy.html.
You agree to check www.trappedgames.de/terms-of-service.html periodically for new information and terms that govern your use of TrappedGames Websites. TrappedGames may modify the Terms of Service at any time. TrappedGames will inform you about revisions to the Terms of Service by a notice on our home page. Revisions to terms affecting existing TrappedGames Websites shall be effective thirty (30) days after posting at www.trappedgames.de/terms-of-service.html. Terms for new TrappedGames Websites are effective immediately upon posting at www.trappedgames.de/terms-of-service.html.
Bookmark www.trappedgames.de/terms-of-service.html and visit this site regularly for updates to TrappedGames's Terms of Serivce.
Your privacy is important to us. Please read TrappedGames's Privacy Policy carefully for information relating to TrappedGames's collection and use of personal information. You can find TrappedGames's Privacy Policy at www.trappedgames.de/privacy-policy.html. You understand, acknowledge and agree that public communications on TrappedGames Websites are not private or confidential, and may be viewed and used by others accessing the TrappedGames Websites.
Between you and TrappedGames all content on TrappedGames Websites is owned by TrappedGames and is protected by German and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any content from a TrappedGames Website unless you are expressly authorized to do so. You agree not to remove, obscure or alter copyright, patent, trademark or other proprietary rights notices affixed to any TrappedGames content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make unauthorized use of TrappedGames content. TrappedGames reserves all rights in TrappedGames owned and licensed content that are not expressly granted to you in these Terms of Service. Making unauthorized copies of content found on TrappedGames Websites may result in prohibition on use of TrappedGames Websites and further legal action. TrappedGames may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless TrappedGames from any unauthorized or illegal conduct by you on TrappedGames Websites.
TrappedGames may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service.
Upon termination, your right to use the TrappedGames Website will cease immediately.
You may violate these Terms of Service if you:
You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use TrappedGames Websites. TrappedGames reserves the right to prevent your use of any and all TrappedGames Websites if you engage in illegal activity or violate these Terms of Service.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity to TrappedGames via email at support@trappedgames.de.
IMPORTANT: TRAPPEDGAMES MAY FIND IT NECESSARY TO MAKE UPDATES OF TRAPPEDGAMES WEBSITES. TRAPPEDGAMES RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF TRAPPEDGAMES WEBSITES AND THE INTERNET IS AT YOUR SOLE RISK. TRAPPEDGAMES WEBSITES AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. TRAPPEDGAMES PROVIDES TRAPPEDGAMES WEBSITES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE TRAPPEDGAMES WEBSITES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT TRAPPEDGAMES WILL HAVE ADEQUATE CAPACITY FOR TRAPPEDGAMES WEBSITES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TRAPPEDGAMES OR ITS LICENSORS IS TO STOP USING TRAPPEDGAMES WEBSITES. YOU ACKNOWLEDGE AND AGREE THAT TRAPPEDGAMES, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON TRAPPEDGAMES WEBSITES. IN NO CASE SHALL TRAPPEDGAMES OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "TRAPPEDGAMES AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO TRAPPEDGAMES FOR TRAPPEDGAMES WEBSITES. IN NO CASE SHALL TRAPPEDGAMES OR TRAPPEDGAMES AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF TRAPPEDGAMES WEBSITES, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF TRAPPEDGAMES WEBSITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TRAPPEDGAMES'S AND TRAPPEDGAMES AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. TRAPPEDGAMES DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH TRAPPEDGAMES WEBSITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Notwithstanding the foregoing, nothing contained in these Terms of Service limits TrappedGames's liability to you for fraudulent misrepresentations, death or personal injury caused by TrappedGames's negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.
Upon TrappedGames's request, you agree to defend, indemnify and hold harmless TrappedGames and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible. You agree that you will be personally responsible for your use of TrappedGames Websites and for all of your communication and activity on TrappedGames Websites and that you will indemnify and hold harmless TrappedGames, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on TrappedGames Websites.
TrappedGames reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to TrappedGames in that matter. This Section shall survive termination of these Terms of Service.
TrappedGames Websites may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. TrappedGames does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
These Terms of Service may have been translated if TrappedGames have made them available to you on our TrappedGames Websites. You agree that the original English text shall prevail in the case of a dispute.
Certain TrappedGames Websites may require you to read and agree to terms and conditions that are specific to these TrappedGames Websites. Your right to use that TrappedGames Website is subject to those specific terms and these Terms of Service. If there are any inconsistencies between the specific terms and these Terms of Services, the specific terms shall prevail.
THE TRAPPEDGAMES WEBSITES ARE NOT DIRECTED TO CHILDREN UNDER 13 YEARS OF AGE NOR DOES TRAPPEDGAMES KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13. IF YOU ARE UNDER 13, PLEASE DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO TRAPPEDGAMES.
You agree to German jurisdiction as set forth in section 11. However, where the laws of Germany provide a lower degree of consumer protection than the cogent laws of your country of residence the consumer protection laws of your country shall prevail.
For Users subject to the law of the European Union the following shall apply:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of conclusion of the contract.
To exercise the right of withdrawal, you must inform us (TrappedGames (Jan "GamesTrap" Schürkamp), Am Waldplatz 7, 33098 Paderborn, Germany, Email: support@trappedgames.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Sample Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
To Jan Schürkamp, Am Waldplatz 7, 33098 Paderborn, Email: support@trappedgames.de:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of the usage of the TrappedGames Websites.
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(*) Delete as appropriate.
Instead of Sec. 7 "Limitation of TrappedGames's Liability" the following shall apply:
Limitation of TrappedGames's Liability