GameDuell Terms and Conditions
These Terms and Conditions ("Terms") are a legally binding agreement that governs your use of GameDuell Services and/or the games and applications offered by GameDuell GmbH ("GameDuell") (collectively, the "Service" or the "Services"). By using or accessing the Service, you agree to be bound by these Terms.
Users are responsible for regularly reviewing these Terms. The most current version of the Terms can be reviewed by clicking on the "Application License Agreement" respectively "Terms & Conditions" hypertext link located on the particular App Store description page, respectively the footer of the Facebook App. If you do not agree to these Terms or any changes or updates, you can cancel any accounts or Services you have signed up for. Your continued use of the GameDuell Services after a change or update has been made to the Terms will constitute your acceptance of such change or update.
GameDuell reserves the right to change these Terms in any way and at any time and to terminate your access to the service without notice if you violate these Terms.
GameDuell reserves the right to deny, at its sole discretion, any user access to the GameDuell sites or Services without notice for any or no reason (including, without limitation, for violation of these Terms).
You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.
If any of the Services require you to open an account (subscription-based Services) you agree that all information that you submit during the registration process is true and accurate (including, without limitation, your billing information such as credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may also be asked to choose a password and a user/account name.
You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive (as determined by GameDuell), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify GameDuell immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by GameDuell).
GameDuell will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by GameDuell or another party due to someone else using your account or password. You may not use anyone else's account at any time.
Where the Services utilize the account management of a social networking website (such as Facebook), you are responsible for maintaining the confidentiality of your applicable social networking website password and account, and are fully responsible for all activities that occur under your account. GameDuell shall have no liability for hacking or loss of virtual in-game items from your GameDuell Account. However, at GameDuell’s discretion, reasonable efforts may be made to replace such items under certain circumstances. GameDuell has no obligation nor responsibility to and will not reimburse you for any virtual in-game items lost due to your violation of these Terms. GameDuell reserves the right, without prior notification, to limit the order quantity on any virtual in-game item and/or to refuse to provide you with any virtual in-game item. Verification of certain information applicable to a transaction involving a virtual in-game item may be required prior to our acceptance thereof. Price and availability of the virtual in-game items are subject to change without notice.
Virtual In Game Currencies
The Service may include various virtual in-game currencies ("Virtual Currency" or "Virtual Currencies") including, but not limited to "coins", "cash", that may be purchased from GameDuell for "real" money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items ("Virtual Goods") that may be purchased from GameDuell for "real" money or for Virtual Currency.
Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from GameDuell or any other party. GameDuell reserves the right to change the Virtual Currency for Virtual Goods or game features at any time. The value of the Virtual Currency and the virtual changing rates can be changed by GameDuell in every way and at any time. By using the Virtual Currency you accept the current value of the Virtual Currency.
Virtual Currency and Virtual Goods are NON-REFUNDABLE and NON-TRANSFERABLE:
YOUR PURCHASE OF COINS OR OTHER ONLINE CURRENCY IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR GAMEDUELL ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICES. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL GOODS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS OF THE VIRTUAL GOODS.
Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from GameDuell Service and possible legal action.
You agree that all sales of Virtual Goods and Virtual Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Virtual Currencies are forfeited if your account is terminated or suspended for any reason, at GameDuell's sole and absolute discretion, or if GameDuell discontinues providing the Service.
GameDuell has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit at its sole discretion, and shall have no liability to you or anyone for the exercise of such rights.
GameDuell may charge subscription fees to access certain Services (including certain games) and participate in related activities, which will be outlined in an appropriate manner within the game.
We are working with third parties for the payment which may provide links to other websites where you can try offers and receive certain services for free.
The use of the payment methods such as, but not limited to, Paypal, Boku, Paysafe etc. is at your own risk.
GameDuell is not affiliated to any of the third party brands and not responsible for any damages due to the use of the payment methods and the submission of personal data like mobile number etc.
Any separate charges or obligations you incur in your dealings with these third parties are your own responsibility.
GameDuell makes no representation or warranty regarding any payment process/provider, content, goods, services provided by any third party.
User generated Content
The Services may contain email services, chat areas, news groups, forums, communities, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (the "Communication Service" or the "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. GameDuell has no obligation to monitor the Communication Services.
GameDuell reserves the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and at its sole discretion. GameDuell reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by GameDuell, and such communications shall not be considered reviewed, screened or approved by GameDuell. Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors. GameDuell specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized GameDuell spokespersons, and their views do not necessarily reflect those of GameDuell.
You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. GameDuell is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.
GameDuell reserves the right at all times to disclose any information or materials found on the Communications Services as GameDuell deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such information or materials, in whole or in part, at GameDuell's sole discretion.
In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access or use the Services and/or related Communication Services, in order to:
Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, transmit, distribute or disseminate content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable.
Use, upload, transmit, distribute or otherwise make available any material or information, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers and/or mobile devices.
Except as expressly authorized by GameDuell, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.
Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming" or flooding (continuously posting repetitive text).
Collect in any way personal information about others, including email addresses, or use such information to send unsolicited emails.
Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distributing counterfeit software, or cheats or hacks for the Services or the software.
Impersonate or create a false identity (such as a celebrity or GameDuell representative) for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
Attempt to get a password, other account information, or other private information from a member or any other user of such Services.
Improperly use in-game support or complaint buttons or make false reports to GameDuell administrators.
Use, develop or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable license agreements.
Use a bulletin board or other Communications Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
Use the GameDuell sites, Services or software to resell or make any commercial use of the GameDuell sites, Services or software, or otherwise commercially exploit the same, without the prior express written consent of GameDuell.
Use the Services for fraudulent transactions including, without limitation, in-game virtual transactions.
Sell, buy, or transfer access to your account.
Exploit, distribute or publicly communicate any game error, miscue or bug which gives an unintended advantage.
GameDuell and its designees shall have the right, but not the obligation, at their sole discretion to edit, refuse to post, or remove any content posted on any GameDuell site. Without limiting the foregoing, GameDuell and its designees shall have the right to remove any content that is in violation of the provisions hereof or otherwise objectionable.
The Services including, without limitation, all software, games, logos, graphics, animations, characters, music and other content, contain copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text, and "applets" incorporated into the software and character data).
The entire contents of the Service, and each area contained therein, are copyright protected as a collective work under the laws of Germany.
GameDuell owns a copyright in the selection, coordination, arrangement and enhancement of such content. You acknowledge that GameDuell, and/or its licensors, remain the owners of all right, title, and interest, including copyright and other intellectual property rights, for all materials posted on the Services by GameDuell and derivative works thereof, and that you do not acquire any of those ownership rights by accessing such materials.
You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual Goods and agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of GameDuell.
All user feedback, comments, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to GameDuell in connection with the use of the Service shall be the exclusive property of GameDuell. You agree that, unless otherwise prohibited by law, GameDuell may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
Termination of Account
GameDuell has the right to terminate or suspend, and you have the right to cancel, your account(s) or a particular subscription at any time. You understand and agree that, except as expressly provided by law, the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with GameDuell. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms or our enforcement or application of these Terms; (2) the content or Services available through the GameDuell sites or any change in such content; (3) your ability to access and/or use the Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You can cancel your account(s) or a particular subscription for a Service by following the procedures made available with the applicable Service. GameDuell reserves the right to collect fees, surcharges or costs incurred before you cancel your account(s) or a particular subscription. In the event that your account or a particular subscription is terminated, suspended or canceled, no refund will be granted; no online time or other credits or in-game items (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). If your account is terminated or suspended by GameDuell, GameDuell shall have the right to terminate or suspend any of your other account(s).
FOR THE PURPOSES OF CLARITY, SUSPENSION OR TERMINATION OF YOUR GAMEDUELL ACCOUNT(S) OR SUBSCRIPTION(S) SHALL NOT AFFECT YOUR SOCIAL NETWORKING WEBSITE ACCOUNT(S).
Disclaimer of Warranties and Limitation of Liability
You expressly agree that use of the Service, and especially of the payment system, is at Your sole risk. Neither GameDuell nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by GameDuell (collectively "Providers"), or the like, warrant that websites affiliated with Providers, including, but not limited to, this Service, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this website may contain inaccuracies or typographical errors. GameDuell makes no warranty as to the results that may be obtained from the use of the website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the website. Furthermore, GameDuell shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized GameDuell spokesperson. Advertisers, content providers, Providers, users, guests, independent writers and experts are not authorized GameDuell spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
THIS SERVICE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY GAMEDUELL ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GAMEDUELL AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
GAMEDUELL AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
GAMEDUELL DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF GAMEDUELL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GAMEDUELL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GAMEDUELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO GAMEDUELL RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT GAMEDUELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON GAMEDUELL'S GOODS OR SERVICES, FROM INABILITY TO USE GAMEDUELL'S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GAMEDUELL'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the website, Your sole and exclusive remedy is to discontinue Your use of this website.
Third Party Links
The failure of GameDuell to require or enforce strict performance of You of any provision of these Terms, or to exercise any right under them, shall not be construed as a waiver or relinquishment of GameDuell's right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective 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 Terms, which shall continue to be in full force and effect.
This notice is to advise You that (a) the GameDuell Service is provided by
10117 Berlin, Germany
For Customer Service please send a Mail to:
Dispute resolution proceedings before a consumer arbitration board / Online Dispute Resolution: The European Commission provides a platform for online dispute resolution (ODR). Participation in corresponding dispute resolution proceedings before a consumer arbitration board is voluntary for GameDuell. Even if GameDuell does not participate in the dispute resolution proceedings, our Customer Service will continue to help you with problems: firstname.lastname@example.org. The platform can be found at http://ec.europa.eu/consumers/odr/.