Terms of Use Scoreloop

1 Scope of Application

1.1 The following provisions (hereinafter the “Conditions”) shall apply to the use of Scoreloop, a service of the Scoreloop AG, Brecherspitzstr. 8, 81541 Munich, Germany.

1.2 These Conditions shall apply exclusively in their version valid at the time of the contract’s conclusion. The contrary or different terms and conditions of the User shall not be part of the contract and not be recognized unless the Scoreloop AG has expressly consented to their application.

1.3 The Scoreloop AG may amend these Conditions subsequent to the contract’s conclusion. In such event, the Scoreloop AG will give notice on the changed conditions and highlight changes. If the User does not agree with the amendments, it may object to the changes within six seeks after receipt of the amendment notice. If the User does not object to the amendment within the time set forth, changes are deemed accepted. In the event of an objection on due date the contract in its unaltered version shall remain applicable. The Scoreloop AG shall be entitled to terminate the contract according to section 10.2. The Scoreloop AG's notice shall particularly indicate the User’s right of objection, the signification of its behaviour and the resulting legal consequences.

2 Specification of the Service

2.1 After registration with Scoreloop, the User may play against and challenge real opponents in Scoreloop enabled games on suitable end devices (hereinafter “Challenges“). Additionally, the User may obtain information on Scoreloop enabled games, corresponding high scores, challenges and other User’s profiles, administer and publish its own profile, administer its buddies and acquire Scoreloop Points for Challenges (hereinafter “Coins“).

Subsequent to the conclusion of the contract on the use of the User Account, the latter will be enabled and saved. The User may obtain information on its games, Coins and remaining credits. Furthermore, the User Account is needed to collect and activate free Coins as well as to acquire and activate further Coins.

2.2 To play against real opponents, the User must employ Coins, at least the minimum number set forth by Scoreloop prior to the Challenge that varies according to the number of Coins held by the User. To accept a Challenge, at least one other User must employ the identical amount of Coins in the same game. At the end of the Challenge, Scoreloop will identify the winner according to the respective high scores. The winner is the User with the best high score. The winner receives 75 % of all Coins employed for the Challenge. The loser(s) of the Challenge do not receive any Coins. The remaining 25% of employed Coins will be retained by the Scoreloop AG.

The User may acquire Coins from the Scoreloop AG or its partners. Currently, the Scoreloop AG provides the User with a number of free Coins e.g. after acquisition of a Scoreloop enabled game and activation of the User Account. However, the Scoreloop AG is not obliged to provide the User with free Coins. Provision of such Coins does not result in any obligation to acquire further Coins or in a standing order. The acquisition of further Coins subject to these Conditions shall remain unaffected.

2.3 Further details may be found on www.scoreloop.com.

3 Conclusion of the contract

3.1 For Registration and use of Scoreloop (User Account)

3.1.1 The User may register directly from the Scoreloop enabled Game; whether through activation of the corresponding button in the game or by invitation of Scoreloop.

3.1.2 When registering, the User may chose a Player Name or Scoreloop attributes a Player Name. The User identification is made via the Player Name in connection with the distinctive end device identification number stored in the User’s end device. It is the User’s obligation to protect the devices used for the Scoreloop functionality in sufficient manner from authorized access by third persons. The Scoreloop AG retains the right to deny the change of the Player Name subsequent to the registration.

3.1.3 The User shall not register with Scoreloop more than one time, regardless of the number of end devices used for Scoreloop.

3.1.4 In the event of incomplete or incorrect data, the Scoreloop AG retains the right to delete such User Account.

3.1.5 With the termination of the registering process by clicking the submission button the User submits a binding offer to the Scoreloop AG for the conclusion of a contract on the User Account.

3.1.6 Acceptance:

The acceptance of the offer is made by the display of a corresponding confirmation and the activation of the User Account. If the User has provided its email address, Scoreloop will send a confirmation email to such address, demanding the User to confirm the email address by clicking on the link contained in this email. The Scoreloop AG activates the User Account after this confirmation.

3.2 For the acquirement of Coins via the Scoreloop AG

3.2.1 Once this service is provided by the Scoreloop AG, Coins may be acquired over Scoreloop and/or the Scoreloop AG’s website.

3.2.2 The contract on acquirement of Coins via the Scoreloop AG is concluded as follows:

3.2.3 The registered User may buy Coins on the website www.scoreloop.com. Therefore it chooses one of the presented packages at the applicable price and the method of payment. The Scoreloop AG will display the number of Coins the user has chosen. If the User buys Coins for the first time at the Scoreloop AG, the User shall provide its invoice address and payment data. Finally the Scoreloop AG will sum up the order. By clicking on the submission button the User submits a binding offer to the Scoreloop AG for the conclusion of a contract on the chosen Coins package under the conditions set forth in the order.

The Scoreloop AG will send to the user a confirmation email containing the User’s order. This automatically generated confirmation email only documents the reception of the User’s order and does not represent an acceptance of the offer.

The contract is concluded by the acceptance of the Scoreloop AG, being sent by an additional email. However, the acceptance may be connected to the confirmation email. In this event, the Scoreloop AG only sends one email.

Once the corresponding amount could be debited by the Scoreloop AG through the payment method chosen by the User, the acquired amount of Coins shall be attributed to the User Account.

3.3 Acquirement via third persons (especially App Store):

The User may acquire Coins via third persons, especially by downloading Scoreloop enabled games for its end device (e.g. in the App Store http://www.apple.com/iphone/appstore/ or http://www.apple.com/ipodtouch/appstore). In this event the contract is concluded between the User and such service provider according to the applicable terms and conditions. As soon as the conclusion of the contract and as the case may be the corresponding payment have been notified to the Scoreloop AG, the acquired number of Coins shall be attributed to the User Account.

4 Requirements for use / Age verification

4.1 For the use of Scoreloop the User should be at least 13 years old. The Scoreloop AG retains the right to provide specific services to Users of an advanced age.

4.2 The User must dispose of an end device suitable for Scoreloop enabled games, suitable for internet access and of an internet connection.

4.3 In order to comply with the protection of youth, the Scoreloop AG retains the right to perform an age verification. The age verification may be performed on a conclusiveness basis regarding the data provided by the User or may necessitate the production of documents.

5 No profit distribution; dishonest behaviour

5.1 Scoreloop does not provide Users with benefits in money. In particular, Users have not right to claim a pay-out of the value of the Coins, unless otherwise specified in these Conditions.

5.2 The User is particularly not entitled to attribution of Coins, if the Scoreloop AG finds out that the potential right to the attribution might be the result of manipulations – whether technical or judicial – and/or of any manipulation relevant under criminal law in general. The User agrees that the Scoreloop AG is entitled to ask for or perform a full assessment of the legal validity of a right to attribution and that it may deny the attribution of Coins until the end of the assessment. In the event of a violation of the game rules the Users forfeit the right to attribution. In cases of doubts, the burden of proof shall be carried by the User. The User has to provide evidence that it has acted in compliance with the law, these Conditions and rules of the game. The User is aware of this burden of proof and it does expressly accept it, even if this may not be provided by law.

6 Terms of payment

6.1 The User may chose between different types of payments.

6.2 The User has to bear the costs to be paid by the Scoreloop AG for return debit notes and/or cancellation of direct debits, arising out of its fault and/or insufficient bank account coverage the User is liable for. The Scoreloop AGs is entitled to debit these costs directly together with the original remuneration from the User’s bank account. If the payment has been made by direct debiting or credit card and return debit notes occur, the Scoreloop AG is entitled to charge a fee in the amount of 9,60 Euro per debit / credit card payment plus incurred banking fees. The User may provide evidence that damage has not occurred or is considerably lower.

6.3 The Scoreloop AG is entitled to deny access to the online game functions as long as the User is in default of payment.

7 Abandonment of a Challenge

To avoid abusive behaviour of Users, a Challenge is deemed to be lost by the User to whose sphere the grounds for the Challenge’s abruption may be attributed to, according to the Scoreloop AG’s findings. In particular a Challenge is deemed to be lost in the event of the User’s preterm abortion of the Challenge, regardless of the reasons having lead to the abortion. An interruption of the data connection is considered to be such a reason.

8 Right of revocation

8.1 The User may revoke its contractual statement within 2 weeks, without stating reasons in text form (e.g. letter, fax, email). The period of time begins with the receipt of this instruction in text form, but not before the conclusion of the contract and not before our compliance with the information duties according to § 312c Abs. 2 BGB in connection with § 1 Abs. 1, 2 and 4 BGB-InfoV and not before we have satisfied our obligations according to § 312e Abs. 1 Satz 1 BGB in connection with § 3 BGB-InfoV. If the User has received this instruction after the conclusion of the contract, the revocation period is one month. To comply with the time limit, dispatch in good time is sufficient. The revocation shall be directed to:

Scoreloop AG,

Brecherspitzstr. 8,

81541 München,

Tel: +49 89 5404255 0,

Fax: +49 89 5404255 99,

revocation (at) scoreloop.com

8.2 Revocation Consequences: In the event of an effective revocation each party shall return to the respective other party the performance received and eventual emoluments taken (e.g. interests). If the User is unable to return the performances received partly or entirely or only in degraded condition, it may have to provide the Scoreloop AG with the corresponding compensation for value. Obligations to return of payments must be performed within 30 days. For the User the period of time starts with the dispatch of its revocation, for the Scoreloop AG with its reception.

8.3 Preterm Expiration of the Right of Revocation: The right of revocation extinguishes if the Scoreloop AG has begun the provision of the service with the User’s express approval before the end of the revocation period or if the User occasioned the provision yourself.

9 Term / Termination/ deletion of the Account / Expiration of Coins

9.1 The contract between the User and the Scoreloop AG is concluded for an indefinite period of time, unless otherwise specified in the individual service of the Scoreloop AG.

9.2 Regular termination

9.2.1 The User may terminate a non-active User Account (no Coins loaded or all Coins expired)) at any time in a written form or by email to notice@scoreloop.com.

9.2.2 The Scoreloop AG may terminate a non-active User Account at any time with notice to the User, if the Account has not been used for a period of six months and with a term of three months in all other cases.

9.2.3 The User may terminate an active User Account (acquired Coins are available and not expired) with a term of three months in a written form or by email to notice@scoreloop.com. In the event of a regular termination Coins non-employed before the termination of the contract (end of the term of notice) expire with the termination; Coins cannot be recompensed. Therewith, the User waives its right to specify performance in the form of using the Coins for Scoreloop enabled games.

9.2.4 The Scoreloop AG may terminate an active User Account with a term of three months by notice to the User. In the event of a regular termination, the value of active Coins will be recompensed by the Scoreloop AG.

9.2.5 A regular termination must not contain any reasons for termination.

9.3 Termination without notice

9.3.1 The possibility to terminate for cause shall remain unaffected. Such cause exists for the Scoreloop AG in particular if the User

• is in breach of these Conditions not in a marginal manner or repeatedly, particularly if the User violates the code of conduct set forth in section 5 or 12 or if the personal information provided by the User is untrue.
• is in default with the payment of an amount of at least five Euro (or the corresponding value in other currencies at the day of the termination) and does not perform despite two reminders (including email).
• Culpably violates applicable laws, rules of the game and or conditions for the use of Scoreloop and does not end such breach despite warning; in the event of severe violations the warning is dispensable, if the adherence to the contract cannot be reasonably expected from the Scoreloop AG.
• If the User has not used its Account for a period of four weeks despite a warning.

9.3.2 In the event of the termination the Account will be deleted. Remaining Coins must be employed within a period of three months.

9.3.3 If the Scoreloop AG is liable for the grounds having lead to the termination, the value of active Coins will be recompensed by the Scoreloop AG.

9.4 Without prejudice to differing provisions herein, in the event of a termination the Scoreloop AG will delete the User Account within a period of two months, unless the Account is needed by Scoreloop AG for the further settlement of the contract.

9.5 Coins acquired by the User from the Scoreloop AG or third parties (including other Users) against remuneration or free of charge expire, at the latest, three years after acquisition (legal prescription) and may then no longer be employed.

10 Warranty

10.1 The Scoreloop AG endeavours to provide the User with access to Scoreloop 24 hours a day, seven days a week. However, temporary service interruptions due to maintenance, to system disturbances, to internet disturbances of other providers or of operators and to force majeure may occur. Therefore, the User is not entitled to a steady and continuous access to Scoreloop. The Scoreloop AG does not owe any definite service availability.

10.2 In the Internet a performance free of disturbances is not possible. The Scoreloop AG is not responsible for the steady availability of its technical systems, the accuracy or completeness, correctness or actuality of the information provided to the User or for errors of data transfer.

11 Liability

11.1 The Scoreloop AG shall be liable without restriction according to the statutory provisions for damages of the User caused by intentional or gross negligent conduct of the Scoreloop AG or its vicarious agents. The same applies to personal injury and damages according to the German Product Liability Act.

11.2 For the rest the liability of the Scoreloop AG for damage claims is restricted in accordance with the following provisions unless a guarantee assumed by the Scoreloop AG provides:

11.2.1 The Scoreloop AG is only liable for slight negligence if the damages have been caused by the violation of a material contract obligation (cardinal duties). Cardinal duties are such contractual obligations whose performance is required for the proper implementation of the contract and upon whose compliance the User could rely on. To the extent the Scoreloop AG is liable for slight negligence, its liability is restricted to the typically foreseeable damages.

11.2.2 The liability of the Scoreloop AG for damages caused by loss of data and/or programs lost by slight negligence is limited to the typical cost of restoration, which would have been incurred in case of regular and appropriate data backup by the User.

11.3 The provisions of the above paragraph apply correspondingly to the limitation of damages for unsuccessful expenses (§ 284 of the German Civil Code [BGB]).

11.4 The above liability restrictions shall also apply to vicarious agents of the Scoreloop AG.

11.5 The Scoreloop AG is not liable for costs arising out of services demanded by the User that are not provided by the Scoreloop AG. This shall in particular apply to costs of data transfer from or to the User’s mobile end device.

12 Code of Conduct

12.1 When using Scoreloop, the utilisation of unfair methods is forbidden. Unfair is any behaviour that empowers the User to employ other means than its own skill.

12.2 The User may especially not

• Betray or try to do so, particularly by using mechanisms, software or other scripts in connection with the use of the Scoreloop AG’s websites, its servers, Scoreloop or Scoreloop enabled games that may cause trouble to their functions or using them to achieve better results.;
• Intentionally provoke a perturbation or malfunction to influence a Challenge, e.g. preterm abortion of a Challenge

12.3 When using the online functions the User interacts with others. Therefore, the User shall in particular not :

• post content being illegal, harming, menacing, abusive, bothering, defamatory, vulgar, obscene, hate provoking, racist, pornographic, offending, glorifying or trivializing violence or against good morals,
• behave in a manner being suitable to endanger or affect the growth or education of children or adolescents,
• ask for other User’s private data, as telephone number, address, or clear name
• infringe upon third party’s rights, e.g by violation of intellectual property or trademark rights,
• violate any legal provisions or incite other Users do so,
• provide, market or advertise products or services,
• transfer the User Account to third persons.

12.4 In the event of a breach of the preceding provisions the Scoreloop AG is entitled to exclude the User from further use of Scoreloop partly, temporarily or entirely.

13 Credit Assessment

The Scoreloop AG reserves the right to perform a credit assessment with respect to its privacy policy.

14 No transfer of accounts / non-assignment

14.1 The User account is bound to the natural person and is not transferable without permission of Scoreloop AG.

14.2 Offsets against accounts receivable of the Scoreloop AG are only allowed against uncontested or finally adjudicated counterclaims. The may only exercise rights of retention, if its counterclaim is based on the same contractual relationship. The assignment of User’s rights against the Scoreloop AG is excluded. Coins, whether bought or acquired free of costs or in whatever manner, are not transferable to other persons or user accounts.

15 Applicable Law, Place of Performance, Place of Jurisdiction

15.1 These Conditions are subject to the laws of Germany excluding the United Nations Convention on the International Law of Sales (CISG), even if the user’s residence or place of business is located in a foreign country.

15.2 Place of Performance is Munich, Germany.

15.3 The principal place of business of the Scoreloop AG shall be the exclusive venue for all current and future claims arising out of or in connection with these Conditions with merchants, public law legal entities or special public law funds, unless statutory provisions provide for another exclusive. The same venue applies if the User does not have a domestic general venue, moved its residence or usual place of abode to another country during the term of the contract or its residence or general abode is unknown at the time suit is filed. Statutory provisions of European Jurisdiction and Enforcement Regulation shall remain unaffected.

16 Prority of the German Version

The English translation of these Conditions shall only serve the better understanding and is intended as a reading version. In case of ambiguities, the German version [LINK] shall prevail.