APEX Slot Challenge Provision of Use
APEX gaming technology GmbH, Softwarepark 26, A-4232 Hagenberg i.M. (hereinafter Operator or APEX) is the Operator of this gaming platform. Thus, the Operator’s Provisions of Use are valid for this gaming platform. The Operator herewith accords you the limited, revocable, non-transferable right to use the service solely for your personal, non-commercial entertainment purposes via a Web-Browser or an authorized, unmodified Game Client (APEX App), subject to these Provisions of Use, your agreement thereto and your continuing compliance therewith.
I. Terms and Conditions of Use
1. These Provisions of Use apply to, and govern, the use of all contents and services offered by the Operator on the Website www.apex-challenge.net (hereinafter also "APEX Website"), in “APEX Apps“ or otherwise in electronic form, in so far as separate and/or supplementary Terms and Conditions do not apply or are agreed upon in each individual case. The Provisions of Use also particularly apply to such contents and services which the Users send within the framework of the APEX Website in the form of emails, SMS, forum posts or chat messages, or which they exhibit on the site, such as via picture upload (“User contents”) as well as to the acquisition of virtual goods and virtual currencies. APEX Apps are mobile applications which the User can source from Providers, including the Google Play Store and the Apple AppStore; APEX Apps enable the User to use games on mobile Smartphones and Tablets.
2. The manner of use, in particular through computers, mobile devices and/or other hardware and/or software, does not influence the validity of the Provisions of Use.
3. The Operator reserves the express right to amend the Provisions of Use at any time.
4. The User confirms his awareness of these Provisions of Use when registering by activating the check box “I accept the Provisions of Use“, and by pressing the “Register“ button. At the same time, by activating the check box “I accept the Provisions of Use”, and by pressing the “Register“ button he declares his express consent to these Provisions of Use.
5. Should the content of the Provisions of Use in other languages vary, the German version of the Provisions of Use shall take precedence. This also applies to all rules and texts on the Website.
B. Place of Conclusion of the Contract
1. The entire legal relations between Operator and User are subject exclusively to Austrian law, excluding the rules on conflict of laws of Austrian international private law and the UN Convention on Contracts for the International Sale of Goods, unless non-mandatory statutory provisions, which are more favourable to the User, are made compulsory. The place of fulfillment is A-4232 Hagenberg i.M.
2. The place of jurisdiction for possible disputes arising from, or in connection with, the existence, establishing or termination of legal relations between the User and the Operator, is the competent court for the location A-4232 Hagenberg i.M., provided the law permits.
C. Business Object
1. The Operator offers a gaming platform on the APEX Website. This gaming platform enables the Users 1. to participate in games with a Guest Account or a free Standard Account. In addition, the Operator offers APEX Apps, within which the Users may set up or use a Standard Account. This Standard Account may thus be used on the Website and in the APEX Apps. Details on the services encompassed by the APEX Apps may be found on the APEX Website.
2. The Operator may attach certain conditions to accessing the gaming platform, the games, browser games and APEX Apps and any contents, services and/or performances offered therein (such as a certain type of account), which shall be published on the Website individually. Furthermore, access to the gaming platform, the games, browser games and APEX Apps, and any contents, services and/or performances offered therein, may be restricted at any time, either temporarily or permanently, and are published on the Website individually.
3. The Operator reserves the right to extend the range of services continually or to alter, supplement or restrict such.
D. Conditions of Participation
1. The right to participate in the games, services and performances offered in the APEX Apps on the Website depends solely on the scope actually offered by the Operator in consideration of all the conditions and/or restrictions introduced by Him. Such restrictions and/or conditions can apply to all Users, User groups or just individual Users. The scope of service of the games offered via the APEX Apps does not correspond to that of the Website and the games offered there.
2. The technical configuration of the User’s terminal is the sole responsibility of the User. Details of the configuration recommended may be found in the Help and FAQ sections of the Website. The Operator offers the Users free email support as well as a support hotline subject to charge. There shall be no entitlement to permanent availability of the hotline or to answers to email enquiries within a specific time. Prices for the hotline can be found on the Website.
3. Additional services beyond this scope and offered gratuitously do not become an integral part of the service due, and may be discontinued by the Operator at any time.
E. Application / Registration
Entitlement to an Account
Only individuals 16 years of age or older are entitled to set up an account. Please note that certain functions of the service, or games playable within the service, may not be available to minors. Public Limited Companies, Private Limited Companies, partnerships and other legal bodies or business enterprises may not set up an account. Individuals who were forbidden the use of the APEX service may not set up or use an account. By consenting to this Agreement you ensure and guarantee that you satisfy the conditions for setting up an account. Should the Operator discover at any given time that you have registered an account, yet do not meet the requirements, APEX reserves the right to suspend, terminate and/or delete the account.
1. Guest Account:
1.1 A Guest Account makes it possible to try out the standard games on the gaming platform for a limited period without registering a personal nickname. Participating in the browser games or using the communication media on APEX is not possible with the Guest Account. In addition, a Guest Account may not be used for the APEX Apps, or used to a limited extent only. Access to the games is limited to test games in the beginner rooms of the standard games. Guest Accounts can also use certain payment functions such as the acquisition of further “credits” or purchasing certain digital contents.
2. Standard Account:
2.1 The User opens a so-called “Standard Account” by duly concluding the registration process on the APEX Website or within an APEX App. A “Standard Account” may be used within the APEX Website and the APEX Apps. Accounts are potentially valid and usable only within a technical platform (e.g. “iOS” or “Android”). A transfer to another platform is impossible for technical and/or organizational reasons.
2.2 Each individual may only open one Standard Account. Registering a Standard Account is free of charge and enables basic use of our standard games and of the following features:
- Participation in extended functionalities such as competitions
- Acquisition of bonus points
- Creation of a personal profile and management of a list of friends
3.1 Necessary Data:
The registration should contain the following data, which must be correct, complete and not misleading:
a. A personal, familiar pseudonym (“User Name“,“Nick“) – there is no entitlement to a specific Nick. The User name must be unambiguous and clearly identifiable. User names are forbidden, which are insulting, indecent, offensive, glorify violence or National Socialist names etc. as are names which contain, or obviously imply, internet links and account names alluding to certain, extended rights of the User (in particular the designation “Administrator” and so on). The Operator reserves the right to reject or block unauthorized User names and to delete or amend them at any time. Once the User name has been altered to an authorized “Nick”, the account is activated.
b. Password – there is no entitlement to a specific password.
c. Email address – by registering the User agrees to receiving emails from the Operator and associated companies. Such consent may be withdrawn at any time.
3.2 The features of the Standard Account can be used via the activation link sent by email with the registration confirmation.
3.3 Once the registration process has been duly concluded, the Agreement comes into effect between User and Operator for the use of the contents, performances and services offered on “APEX“ and in the APEX Apps.
3.4 Should any information provided by the User prove to be false, the Operator is authorized to exclude the User from sharing in the performances, contents and/or services in their entirety or partially (also permanently) and, if need be, to refuse to issue any “credits” won.
3.5 The User shall undertake to ensure his personal data is always up to date, and to amend his User data without delay in the event of changes to his name, address and email address etc. Furthermore, the User shall protect his access data from unauthorized access by third parties. Any action undertaken via the account or the data of the User shall be attributed to him.
F. Ownership of Content
1. By registering an account and/or sharing in the services, performances and/or content of “APEX“ or APEX Apps, the User acknowledges that the entire content of “APEX“ and APEX Apps is the sole and unrestricted property of the Operator. The User undertakes to use the Website, the APEX Apps, the services and performances as well as all the content and information contained therein exclusively as intended for personal and private use. Neither shall he modify, copy, publish, circulate or in any way exploit such, or technically interfere in any form whatsoever with the Website, the APEX Apps, the services, performances and all content and information contained therein.
2. Any User content transferred by the User directly to the Operator, or directly or indirectly through APEX and/or to the APEX Apps or their features (such as photos, questions, suggestions on the games and organization etc.) becomes the sole and unrestricted property of the Operator. There is no entitlement to reimbursement. If the User transfers user content of any kind, including the gaming techniques and tactics themselves, he thereby relinquishes all rights to the content transferred.
3. Irrespective of any provisions to the contrary in this Agreement, you hereby acknowledge and agree that you have no proprietary interests in the account. Furthermore, you acknowledge and agree that all rights to the account are reserved now and at all times by APEX and are for the benefit of APEX.
Account transfers are not recognized by the Operator. You are not authorized to purchase, sell, or give away an account or to trade with such. Neither shall you elicit offers, or offer an account for sale or as a gift or for trading purposes. All such attempts shall be declared null and void.
G. Prohibition of Abuse
1. Abusive conduct on APEX as well as in the APEX Apps is strictly prohibited. Such abusive conduct is deemed to exist in particular, but not exclusively, if:
- The regulations governing communication between Users are violated;
- False or misleading information is deliberately provided;
- The slightest attempt is made to manipulate the outcome of games by arrangement, programme interference or other prohibited means;
- Malfunctions and disturbances are deliberately caused in order to influence the course of a game;
- Several gaming accounts are set up for the same person, the sole exception being for Users of mobile Apple terminals, who may set up a Standard Account both on the Website and within APEX Apps;
- Other regulations contained in the Provisions of Use are violated.
2. In particular, the User shall:
- in no way whatsoever attempt to decompile or recreate the gaming software used on “APEX“ or in the APEX Apps, or otherwise to interfere in such or to develop software, which interferes with the gaming software used on “APEX“ in the APEX Apps and with client-server communication;
- not use any kind of software programmes which make the use of artificial intelligence possible, or which enable profiles of other players to be created or enable Users to make secret arrangements among themselves;
- refrain from using software which, at the sole discretion of the Operator, is classified as a programme enabling Users to cheat or helping them to gain an unfair advantage over other players;
- use the games and services on the APEX Website exclusively with an internet browser and refrain from using scripts which have not been authorized by the Operator;
- not use software which enables the User to analyse or reproduce the Website, the APEX Apps or individual games, or in any other way to interfere with the Website, the APEX Apps and the games or their programming;
- not use any programmes which place too great a burden on the server.
3. The Operator reserves the right to take the necessary steps, if required, to uncover and prevent Users from applying such software, and particularly to identify or localize the programmes installed on the computer or (mobile) terminal of the User, or to create profiles of gaming behaviour for the purpose of investigation. Should the Operator discover the use of forbidden software or have reasonable grounds to suspect such, he is authorized to 1. block the account of the User in question for a minimum period of six (6) months, to withhold any virtual currency/goods contained therein and/or to declare it forfeited and/or to entirely or partially, temporarily or permanently exclude the User from using the Website, the APEX Apps as well as other services, performances and Operator content of enterprises associated with the Operator.
H. Communication and other Behaviour between Players
1. The User guarantees that the User content submitted or communicated by him does not violate legal provisions or infringe upon the rights of third parties. In particular, the User shall respect the privacy of other Users and shall refrain from making all kinds of racist, xenophobic or otherwise discriminatory, pornographic or sexually degrading statements, or from posting such content, and from any kind of threats and harassment.
2. It is also forbidden inter alia to:
- distribute advertisements;
- conduct surveys;
- distribute chain letters;
- scout out personal data of other Users without their express consent;
- spread viruses and worms etc. and to manipulate the computer systems and programmes of third parties; post messages which serve exclusively to propagate religious, political and ideological confessions; disturb other Users by entering senseless character combinations etc.;
- deliberately block games and communication in any way.
3. Sanctions in the Event of Abuse
In the event of abusive behaviour on the part of a User, the Operator reserves the right to terminate the Agreement immediately. Furthermore, the Operator is authorized to discontinue any on-going games and to block the account or the User, with or without previous notice, and to extinguish and/or withhold any credit balance.
I. Notice of Termination
1. Both contracting parties, i.e. both the User and the Operator, may terminate the Agreement at any time and with immediate effect, without stating the reasons for so doing. If the User terminates the Agreement, he relinquishes the right to use his Account and his entitlement to the services, content, performances, virtual goods and virtual currencies acquired in conjunction with such, which are deemed forfeit upon termination.
2. If a User Account is not logged into during a period of 6 months, then this shall be deactivated on the grounds of inactivity and, should the need arise, later deleted. Prior to the final deletion of the account, a reminder will be sent to the holder thereof at least twice to the email address specified in the account data. By deactivating or deleting the account, the User relinquishes the right to use his Account and his entitlement to the services, content, performances, virtual goods and virtual currencies acquired in conjunction with such, which are deemed forfeit upon termination.
”Credits” may be acquired by means of various actions. Credits may be acquired or deployed in the various games on the Website as well as in the APEX Apps.
1. “Credits“ represent virtual property that does not have a real equivalent. “Credits“ which have been acquired or won are not disbursed in real currency or in tangible assets.
2. ”Credits“ are limited to the Account which has acquired them. They may only be used where the respective Account can be used.
3. It is possible to acquire “Credits” against payment of a fee in the case of Guest Accounts and all other types of account.
4. Credits are awarded using a system which is described in greater detail in the game rules of the respective game (“Paytable”). The Operator reserves the right to amend the system at any time.
5. The Operator has the opportunity to acquire Credits gratuitously through his activity on the Website or in the APEX Apps, or through payment of a fee in the Website shop and within the APEX Apps.
1.1 If tournaments take place, the number of participants may be restricted. There is no entitlement to participation.
1.2 If winnings are paid out during a tournament, this will be announced previously on the Website or in the APEX Apps. The Operator reserves the right to alter the winnings announced without prior notification.
1.3 The winner of a tournament is the User who is proclaimed the official winner by the Operator at the end of the game, whereby no liability is accepted arising from errors. The User is notified per email by the Operator. The Operator is authorized to withdraw winnings mistakenly declared without stating the reasons for so doing. All decisions are final.
1.4 Winnings may neither be taken back nor redeemed in cash.
1.5 Employees of the Operator or sponsors as well as family members are prohibited from participating in tournaments.
L. APEX Apps
1. The Operator offers selected games within and outside the APEX Website for downloading on mobile terminals of the User. The technical configuration of the terminal used for this purpose is the sole responsibility of the User.
2. APEX Apps are currently being offered for Smartphone and Tablet platforms only.
3. APEX Apps are offered by the Operator outside the Website from third-party providers such as Google Play Store or Apple App Store. Thus, the provisions of the third-party provider apply.
4. By registering the User agrees to provide the Operator with the following Data from his terminal in an anonymous, e.g. non-personal, form for the purpose of correcting errors and improving the quality of the Apps: number of the APEX App version used, terminal model and versioning numbers of the operating system, free memory, process sequence of the App, display features, hardware configuration as well as software environment, system settings, system log file and, if available, information on the built-in radio receiver and its configuration.
5. Once the registration process has been duly completed in an APEX App a Standard Account is set up automatically, potentially with access to other APEX Apps with the same access data; this does not apply to the download and use by mobile Apple terminals such as iPhone, iPad or iPod touch. For technical and legal reasons, the accounts between many platforms (e.g. Apple iOS and Android) may not be shared and the use of an Account is restricted to the platform concerned. In this case one Standard Account pro platform may be opened. The “Credits” and the virtual goods acquired may not be transferred or shared between two accounts.
6. The account which is automatically set up by a User via a mobile Apple terminal may not be accessed, altered or otherwise used via any other application, mobile terminal or via the APEX Website. Here it is a question of an insular, isolated application.
7. APEX Apps are downloaded on the User’s terminal by means of Internet connection. The connection rates which thus come into force depend on the mobile communications or Internet provider and are charged by these separately. It should be expressly pointed out that the costs for connection charged by the mobile communications or Internet provider (including all standing charges) are in no way included in the scope of service provided by the Operator and 1. are charged separately by the mobile communications or Internet provider.
8. The range of APEX Apps can be seen on the Website. The Operator reserves the right to continually alter, reduce and/or extend the range of APEX Apps and to adjust the price of APEX Apps at any time and without stating the reason for so doing. Furthermore, the Operator is authorized to withdraw the offer of APEX Apps at his own discretion. When exercising this right, the Operator has no obligations whatsoever vis-à-vis the User. The User is not entitled to any reimbursement if the APEX Apps he downloads are no longer or only partially offered or are provided under different conditions.
9. The APEX Apps offered are subject to the copyright and trademark protection of the Operator. The User is permitted to store APEX Apps on his terminal. It is strictly prohibited to otherwise store, copy, or reproduce in any way, process or distribute the games obtained by the User.
M. Virtual Goods
1. In the standard and browser games of the Website, and in the APEX Apps, the Operator provides the opportunity to acquire and deploy virtual goods and/or virtual currencies. The goods and currencies offered may vary depending on the type of game.
2. The User has the chance to acquire the possibility of using virtual goods on the Website and in the APEX Apps by paying a fee or by deploying virtual currency. The acquisition of virtual goods or currencies merely grants the User the right to use these within the scope of and in accordance with the game; any further acquisition of rights of any kind (e.g. property) to the goods or currencies acquired is impossible. The object of purchase is solely a license limited in time, content and place to the use of these goods or currencies within the scope and in accordance with the game concerned. Virtual goods/currencies acquired within the scope of the APEX Apps are available via the Standard Account on the APEX Website; a sole exception exists for Users of mobile Apple terminals. Virtual goods/currencies acquired by the User of a Standard Account on the APEX Website are available within the scope of the APEX Apps; a sole exception exists for Users of mobile Apple terminals.
3. The User can use a virtual currency adapted to the game depending on the browser game or APEX App. The User may not demand that the virtual currency of a game or an APEX App be used within the scope of another game or APEX App.
4. Irrespective of what terminology is used on the Website, in the APEX Apps or in the games, by purchasing virtual goods or currencies the User exclusively acquires a license limited in time, content and place to the use of these virtual goods or currencies within the scope of, and in accordance with, the game concerned, corresponding to these Provisions of Use. A reimbursement, encashment or payment in real money is impossible. If these Provisions of Use are breached, the Operator is authorized to withdraw one or all of the licenses issued for the use of virtual goods or currencies and to declare them forfeit. If the contractual relationship terminates for whatever reason, all licenses issued for the use of virtual goods or currencies cease. The virtual goods/currencies existing at the time of termination are forfeit. There is no entitlement to reimbursement of any kind.
5. The User is not allowed to transfer his gaming account, and the virtual goods and virtual currencies contained therein, to third parties. The gaming account for the use of the services on the Website or in the APEX Apps, all data on the servers of the Operator and all User content is the sole, unrestricted property of the Operator.
6. The range of virtual goods/currencies can be seen from the Website and/or within the APEX Apps. The Operator reserves the right to continually alter, reduce and/or extend the range of virtual goods/currencies, and to adjust the prices of virtual goods/currencies at any time and without stating the reason for so doing. Furthermore, the Operator is authorized to withdraw the offer of virtual goods/currencies at his discretion or to make such available gratuitously or subject to a fee. When exercising this right the Operator has no obligations vis-à-vis the User. The User is not entitled to reimbursement if the goods/currencies he uses are no longer offered or are provided under different conditions. This applies to goods/currencies offered both temporarily and non-temporarily. Furthermore, the Operator is authorized to delete or amend the gaming account at any time, and the player’s history associated therewith and the virtual goods/currencies, without stating the reason for so doing. In such a case the User has the right to terminate the Agreement with immediate effect. Any further claims on the part of the User are impossible.
7. Payment of the virtual goods/currencies is effected on the APEX Website, either as a lump sum or as a payment extending over a specific period (month, year); within the APEX Apps, virtual goods/currencies may be acquired via the shop. Minors must ensure that they have the consent of their legal representative together with sufficient financial means to pay for the virtual goods/currencies.
8. Payment of the virtual goods/currencies with real money can be made using different methods of payment, which can be seen from the Website, or via third-party providers within the scope of the APEX Apps. The Operator reserves the right to alter the range of payment methods without stating the reason for so doing. Furthermore, he reserves the right to render the possibility of using a specific method of payment dependent on certain conditions. The Operator does not guarantee uninterrupted availability of all payment methods.
9. Virtual goods/currencies are deemed paid for once the Operator’s account, or that of the third-party provider, has been credited irrevocably to the appropriate amount. All account and/or money transactions are controlled by the Operator and are subject to correction. Any suspect account and/or money transactions shall be forwarded to the relevant authorities.
10. The Operator reserves the right to reject the allocation of virtual goods/currencies at his discretion, or to limit the number of goods/currencies or the total amount. On suspicion of fraud, violation of the law or a breach of the Provisions of Use herein described, the Operator has the right to suspend any acquisition processes and the payment transactions associated therewith until the situation has been clarified.
11. The Operator has the right to publish all images and videos in the game (complete or in sections), transferred by the User, and to report on such at will, while indicating the name of the player. This applies likewise to videos, images etc. produced by the User. When transferring and producing videos or images the User expressly consents to this coverage and grants the Operator, gratuitously and irrevocably, the exclusive rights of use, exploitation, publication, editing and reproduction requisite for the said coverage, without any restraints on subject matter, time and place. The User is not entitled to make any claims for compensation.
II. DATA PROTECTION
1. By registering the User expressly consents to allow the Operator to use the data stated in the registration and to store and process non-personal usage data. When processing the User’s data, the Operators comply with the relevant, statutory data regulations. The data are processed electronically and are not shared without the written consent of the User, unless forwarding the data to third-party companies is necessary for carrying out the service, e.g. to effect payment. In the event of abuse, the Operator reserves the right to forward such data to the criminal prosecution authorities if legally necessary.
2. The Operator is authorized to save and evaluate connection data, in particular Source and Destination IP and all other log files to protect his own computer and that of third parties. Furthermore, the Operator is authorized to keep usage statistics, which are not directly personal, to which the User gives his consent by registering.
3. The Operator employs “Cookies“ (small files stored by the User’s browser on the hard disk of the User’s computer when visiting our Website), in order to tailor the Website to the User’s needs and to allow recognition on the next visit to “APEX“. Furthermore, the Operator employs “Retargeting Cookies” containing socio-demographic data (e.g. age and gender of the User) in addition to the surfing behaviour of the User (within and outside the Website).
4. The Cookies register which games the User plays on the Website and how often (the times of day, the days of the week) and how long the Website and its individual games are used. Furthermore, socio-demographic data such as the age and gender of the User are saved. The data stored via Cookies are viewed, processed and used by the Operator to tailor the Website to the behaviour, needs and interests of the User concerned and to compile statistics and to form User groups. Furthermore, these data are also used for the selective placement of advertisements on the Website by third parties. The data thus stored are continually updated and enlarged in accordance with the surfing behaviour of the Users.
6. An Internet Protocol (“IP“) address is the unique identification number assigned to your computer server or the server of your Internet Service Provider (“ISP“). The Operator may determine IP addresses for the purpose of system management, account authentication and system administration or to mail information collectively. The Operator may also use IP addresses to restrict access to the company servers and to exclude individual systems to prevent them from being abused. The Operator may use these IP addresses in conjunction with the data of a specific account or of a User should he believe that the Provisions of Use have been violated, or in the event of an inquiry submitted by a legal instance.
7. The personal data made available by you to APEX enable us to process the order you have placed for products and services, to inform you of new product offers, features or enhancements, and/or to make you aware of upgrade possibilities, competitions or other special events. Ultimately, we may use your personal data for internal marketing, orientation or statistical purposes, in order to tailor our products and services better to your requirements. We pursue such purposes in order to improve our customer understanding, and to meet their needs better.
8. The Operator takes every measure technically possible to protect the User data stored with him, but does not bear liability if third parties gain unlawful power of control of these data and use them further. Any liability on the part of the Operator for damage incurred in this way by the User or third parties is hereby excluded by mutual consent.
9. The User can view the personal data stored on his person at any time by accessing his user settings on the APEX Website or to a limited extent within the APEX Apps.
10. The User is authorized to amend or delete his personal details at any given time. The Operators shall ensure that all data are in fact deleted, if so requested. Once the compulsory data needed to register an account have been deleted, the accompanying gaming account is likewise automatically deleted.
11. Information for Parents:
We are fully aware that we bear particular responsibility for personal data submitted to us by children. We recommend that parents instruct their children never to post their real name, address or telephone numbers online without the consent of their parents or legal guardians. Children younger than 12 should not submit any information whatsoever to APEX. APEX hereby declares that under no circumstances do we knowingly evaluate data submitted to us by children aged 12 or younger.
Children aged between 13 and 17 should request their parents to read these basic principles of personal rights and to contact us regarding any concerns they may wish to express.
Minors under the age of 18 should not register online for services liable to payment without the prior consent of their parents or legal guardians. We would ask all parents and legal guardians to exercise particular vigilance to ensure that their children are not breaching the law by availing themselves of our Website or online services.
When making use of offers within the scope of the APEX web pages listed, you thereby consent to the basic principles of APEX regarding personal rights. Should you not agree to these basic principles, then you should not make use of these Websites.
III. LIABILITY and GUARANTEE
1. Claims for damages against the Operator, enterprises associated with him, vicarious agents in connection with the services and contents offered on the APEX Website, as well as with the APEX Apps and the services and contents offered therein are excluded, provided the said damages were not caused by intent or gross negligence on the part of the Operator or vicarious agents.
2. The Operator, enterprises associated with him and/or his/her vicarious agents as well as his/her sales partners for the APEX Apps are liable for damages outside the scope of the Product Liability Act only within the framework of the legal provisions.
3. The Operator does not accept any liability for damages of any kind arising from wrongful use of the Account by the User. Furthermore, the Operator does not accept any liability for damages of any kind arising from wrongful use of the Account by third parties (i.e. individuals other than the Operator, vicarious agents or enterprises associated with the User) provided such wrongful use by third parties was not caused by the Operator through intent or gross negligence.
4. The Operator does not accept any liability for damages arising from circumstances beyond his control (a force majeure event etc.).
5. The Operator does not accept any liability for User content, but reserves the right, however, to delete contents which violate the Provisions of Use or statutory requirements, when these become known, and also to disclose them to criminal prosecution authorities by official or court order.
6. In the event of a breach of the General Terms and Conditions of Business, the User shall immediately inform the Operator thereof. Furthermore, in such a case the User shall exempt the Operator from any resultant damages and third-party claims and reimburse him for any losses, costs or damages thereby incurred. The obligation of the Operator to mitigate loss is not restricted by this.
7. Liability is in any case limited to the sum of the amounts paid in by the User, unless mandatory legal provisions require otherwise.
Without prejudice to the liability referred to above, the service is provided without any warranty as to defects and subject to availability, without offering any explicit or implicit guarantee, including, and without limitation, guarantees of marketability, fitness for a particular purpose, title, non-infringement and such guarantees which result from the commercial procedure or commercial practice. APEX does not guarantee that you can access or use the service at all times and from any location of your choice, or that the service is free of disruptions and errors, that errors are rectified, and that APEX Apps or the service do not contain any viruses or other harmful components.
IV. FURTHER PROVISIONS
1. APEX can entirely or partially assign the present Agreement at any time to any natural or legal person, with or without your consent. If you do not agree to such an assignment, you are entitled to terminate this Agreement at any time. You are not entitled to assign this agreement to third parties without the prior consent of the Operator in written form. Any assignment not authorized by APEX is considered null and void.
2. The Operator reserves the right to continually expand or alter his range of services.
3. The User expressly recognizes that the ranking lists cannot accurately depict the actual playing strength as virtually every game offered contains an element of luck. The Operator affirms once again that the generation of random numbers is based on an internationally renowned random number generator, and is not manipulated by the Operator in any way.
4. Any amendments to the Provisions of Use are communicated to the User via email or are announced on the gaming Website. If the changes are communicated via email, they are deemed accepted if the User does not object to these within two weeks. The User is informed of this consequence at the same time as the amendments are announced. A rejection thereof is considered a termination of the Agreement. The User shall regularly familiarize himself with the Provisions of Use.
5. All communications and statements concerning this contractual relationship shall only be valid if they are communicated in written form per post, via email or published on the Website.
6. The User shall inform the Operator of any changes to his personal data by immediately modifying his User data on the Website. If the User fails to announce such changes, and legally relevant declarations made by the Operator are sent to the last address or email address specified, and consequently do not reach him, these declarations shall nevertheless be deemed received.
7. Should any provision of this Agreement be declared invalid or unenforceable, the remaining provisions of this Agreement remain unaffected.
8. In the event of our failing to enforce a provision of this Agreement, this shall not constitute a waiver of the right to enforce this provision in the present or at some time in the future, and shall in no way impair the right of the parties to enforce all the provisions contained in the present Provisions of Use in the future. If the Operator explicitly waivers a provision, condition or requirement of this Agreement, this shall in no way constitute a waiver of a future fulfilment of the obligation from this provision, condition or requirement.
By using this service, you declare that you have read and agree to the present Provisions of Use and that you understand and agree to our data protection rules and privacy policies.