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1. Scope of Application
2. Scope of Application for U.S. residents
3. Scope of Services
4. Authorized Users
5. Registration / Conclusion of User Agreements for Glyph
6. Acquisition of Virtual Currency and Premium Features
7. Payment Services
8. Payment Conditions
9. CANCELLATION POLICY
10. Prohibited Activities
11. Duties and Obligations of the User
12. Limitation of Liability
13. Third-Party Content / Responsibility
14. Industrial Property Rights and Copyrights / User-Generated Content
15. Contractual Term, Termination
16. Data Protection
18. U.S. COSTUMERS: CLASS ACTION WAIVER; ARBITRATION; LIMITATION OF LIABILITY
19. Final Provisions
1.3 gamigo US Inc. objects to the validity of any general terms and conditions of the user. Any general terms and conditions of the user shall only form a contractual component if gamigo US Inc. expressly agrees to them in writing in advance.
We’ve put this up front (and in caps) because it’s important:
3.1 Glyph offers users the ability to use games from multiple Providers through a single platform and launcher. A launcher is a program that allows the user to select a game from among other games, update the game and use it without having to enter a separate password. This eliminates the need for users to install many different launchers, each of which only serves one game, and does not require them to log in again for each game and remember different user names and passwords.
3.4 gamigo warrants 95% availability of the Glyph platform on an annual average. This does not include times when Glyph’s servers are unavailable due to technical or other problems beyond gamigo’s control (e.g. force majeure, third party fault, etc.). This shall also not apply to times during which routine maintenance work is carried out. gamigo may restrict access to Glyph if the security of the network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data so require; these downtimes shall also not be considered when calculating availability. The liability for inaccessibility of the servers in case of malicious intent and gross negligence shall remain unaffected. Individual games on Glyph may not be usable in all countries for legal or licensing reasons.
3.5 Due to the large number of end devices, system configurations, network operators and operating systems, it is not possible for gamigo to check and ensure that the launcher is able to run in all constellations. gamigo shall regularly publish the recommended system requirements and compatibility information.
4.1 Glyph’s offer is aimed exclusively at consumers. Use for commercial purposes is not permitted.
4.2 Only persons who are either of legal age of majority in the state of your residence or whose legal representatives have given their consent to such use are entitled to use the service. All persons whose user account has been blocked by gamigo in accordance with these Terms and Condition of Use are explicitly not eligible. If the user is still underage, it shall ensure that its legal representative has given their consent. gamigo shall be entitled but not obliged to request written proof that the user is of legal age or the declaration of consent from its legal representative at any time.
4.3 As soon as an underage user uses its user account after reaching legal age, all contracts concluded in connection with said user account before reaching full age shall be deemed to have been approved.
5.1 The use of Glyph requires prior registration as a user and the activation of a user account in advance. The registration is performed either online by filling out the registration form on the Glyph website or via the registration function of a social network, such as Facebook Connect, or via another website or landing page with an appropriate registration function.
5.3 The number of user accounts that can be set up by a user is limited to five, wherein a different e-mail address must be used for each user account.
5.5 There is no entitlement to the conclusion of an agreement to set up a user account, to participate in the games or to use their Virtual Currency or other services and contents.
6.1 The user may use Glyph free of charge. If gamigo offers Premium Features or Virtual Currency for Glyph, the user may purchase these via the Glyph platform. Before using the Premium Features, the user will be informed about the costs incurred, the terms of payment, extensions and cancellation options and other relevant details.
6.3 By crediting the Virtual Currency, the user shall acquire a simple, non-transferable right, limited to the contractual term, to purchase the Premium Features offered by gamigo in the relevant online game at the relevant time, provided that the Virtual Currency credited to the user account is sufficient for the purchase in question. The Virtual Currency shall be debited from the user account in the amount corresponding to the equivalent value stated for the virtual good or benefit.
6.4 If the user acquires a Virtual Currency that is not specific to a game, this shall not in principle expire as long as the user agreement between the user and gamigo is in place. If the user account is blocked, gamigo shall be entitled to refuse performance for the duration of the block.
6.5 Due to the continuous development of Glyph, gamigo reserves the right to offer new virtual currencies and premium features and/or to remove them from the offer, change them or make them available in the free basic version. gamigo also reserves the right to introduce bonus programs (“Loyalty Program”). These may require the user to purchase a certain number of a particular Virtual Currency or certain Premium Features. If necessary, a Loyalty Program can also be designed for all Providers The exact terms and conditions of the respective Loyalty Program shall be published separately by gamigo or the respective providers together.
7.1 If the user does not meet its payment obligations under a subscription contract, its access to the Premium Features and Virtual Currency may be denied. In this case, any claims which Provider may already have against the user for payment under the subscription contract shall remain unaffected and shall not expire.
7.2 If the user is temporarily unable to access subscriptions purchased within the scope of the availability owed as per Clause 3.4, such downtimes shall not be added to the term of the subscription.
8.1 gamigo may offer the user different payment methods (e.g. advance payment, PayPal, payment by credit card), although there shall be no claim that all payment methods or a specific method of payment will always be offered. If the payment is processed via a payment system service provider (e.g. PayPal), the general terms and conditions of the payment service provider concerned shall apply exclusively to the processing of the payment and reference to these should be made separately.
8.2 gamigo may make the immediate provision of the Virtual Currency and the Premium Features dependent on the user waiving any existing right of cancellation. If the user does not waive any existing rights of cancellation, gamigo may wait until the end of the cancellation period before making the Virtual Currency or Premium Features available.
8.3 If Virtual Currency or Premium Features are purchased via an app store, a social network or third-party services, their respective terms and conditions shall apply.
8.4 The user shall only be entitled to set off counterclaims against gamigo if such counterclaims are undisputed or have been established as final and absolute. The user may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
8.5 All stated fees include the applicable statutory value added tax, if applicable.
8.6 gamigo shall be entitled to adjust the usage fees for the contractually agreed services in accordance with the following provisions: The user shall be notified of a price adjustment in fixed-term contracts at least four weeks before it comes into effect by written declaration or via e-mail. The user shall have a four-week extraordinary right to terminate the contract from the date of the announcement of the price adjustment. gamigo shall refer to this right in the notice of termination. If the user does not exercise this right, the price adjustment shall be deemed to have been approved by said user as of the next renewal of its subscription. Price reductions shall generally apply as of the announced date for the next billing period.
If the user is a consumer, it is entitled to a statutory right of withdrawal in accordance with the following cancellation policy:
9.1 Information concerning the exercise of the right of withdrawal
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 the conclusion of the contract.
To exercise the right of withdrawal, you must inform gamigo US Inc., 2700 La Frontera Blvd, Round Rock, TX 78681, United States, Phone: +1 650 273 96183 9, Email: infoUS@gamigo.com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached template withdrawal form, but this 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.
Effects of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
9.2 Premature expiration of the right of withdrawal
Your right of withdrawal expires prematurely in the case of a contract providing digital content not contained on a physical data carrier if you have expressly agreed that we shall commence execution of the contract before expiry of the withdrawal period and you have confirmed that you are aware that you lose your right of withdrawal through your consent to the immediate execution of the contract.
9.3 Withdrawal form
You can find the template withdrawal form here.
10.1 The use of Glyph for or in connection with commercial purposes (e.g. distribution of advertising for third-party games, sale of virtual goods) is prohibited unless such use has been expressly permitted in writing by gamigo in advance.
10.2 Any activities which violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors shall also be prohibited. In particular the following activities are prohibited:
- the posting, distribution, offering and advertising of pornographic content, games, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent;
- the use of content which insults or defames other users or third parties;
- the use, provision and distribution of content, games, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so.
10.3 Furthermore, regardless of any violation of the law, the following activities are also prohibited when using the games and when communicating with other users (e.g. by sending personal messages):
- the distribution of viruses, Trojans, and other harmful files;
- sending junk mail, spam, and chain letters;
- the distribution of offensive, sexually explicit, obscene or defamatory content or communication as well as such content or communication that is capable of promoting or supporting (explicitly or implicitly) racism, fanaticism, hatred, physical violence, or illegal activities;
- harassment of other participants, e.g. by multiple personal contacts without or against the reaction of the other participant as well as promoting or supporting such harassment;
- soliciting other participants to disclose passwords or personal information for commercial or unlawful purposes;
- the distribution and/or public presentation of content available in the games, unless this is expressly permitted by the respective author or expressly provided as a functionality of the respective game.
10.4 Also prohibited is any action that is likely to interfere with the smooth operation of Glyph or the Games, in particular any action that imposes an excessive strain on the systems of gamigo or the Providers. In particular, the following actions are prohibited:
- the use or promotion of tools which interfere with the score or the course of the game (in particular so-called “bots,” “hacks,” or “cheats”),
- the total or partial blocking, overwriting, redirection or modification of the games or content provided by the Provider,
- selling, giving away, trading, exchanging and offering Premium Features and Virtual Currency in the "real world" (especially the so-called "gold selling"),
- the planned exploitation of program errors for your own benefit (so-called “exploits”).
10.5 gamigo shall be entitled to remove Premium Features and Virtual Currency which the user has obtained by using the game illegally, improperly, in breach of contract or in any other way without authorization (in particular for so-called “Gold Selling”) from the user’s user account or to refuse to use them. gamigo shall not be obliged in any way to grant the user a refund as a result of removing the Premium Features or Virtual Currency from its user account for the reasons set out in sentence 1.
10.6 If the user becomes aware of any illegal, abusive, contractually incorrect or otherwise unauthorized use of the games, it may notify gamigo at any time. gamigo shall then check the matter and, if necessary, take appropriate action. If there is any suspicion of illegal or criminal activity, gamigo shall be entitled and, if necessary, also obliged to check the activities of the users and, if necessary, take appropriate legal action. This may also include referring the matter to the public prosecutor’s office.
11.1 The user undertakes to keep the access data required to access its user account (login data, passwords etc.) strictly confidential and not to disclose them to any third party unless gamigo has given its prior consent in text form to the transfer of the user account or the Game Registration. The user shall also be obliged to notify gamigo immediately in the event of unauthorized use of its user account or a security breach and to ensure that its user account is protected against further unauthorized access.
11.3 The user undertakes to ensure that the software and hardware it uses is suitable and up-to-date, especially in order to be able to use any version updates or other updates to Glyph’s services.
12.1 To the extent that gamigo demands payment for services, gamigo shall only be fully liable for compensation in the event of malicious intent and gross negligence. In the event of a breach of material contractual obligations, gamigo shall also be liable for minor negligence. Material contractual obligations, including so-called cardinal obligations within the meaning of case law, shall be understood as those obligations which make the proper execution of the contract possible in the first place and on the fulfilment of which the user may rely.
12.2 If and insofar as gamigo provides services free of charge, gamigo shall only be liable for compensation in the event of damage caused by gross negligence and malicious intent.
12.3 In the event of damage claim due to a negligent breach of cardinal obligations, the damages shall in each case be limited to the foreseeable damage.
12.4 The above limitations of liability shall not apply to liability in the event of death, injury to body and health or in the event that gamigo has assumed a guarantee or liability under the German Product Liability Act. The liability of gamigo within the scope of application of Sec. 44a TKG (German Telecommunications Act) shall remain unaffected.
12.5 The above exclusions or limitations of liability shall also apply with regard to the liability of gamigo’s employees, workers, staff, representatives and vicarious agents, in particular in favor of the shareholders, staff, representatives, bodies and their members with regard to their personal liability.
12.6 If you are a U.S. Customer, your and gamigo’s liability is governed by Section 18.2.
13.1 Insofar as gamigo allows users to make their own content available for access by third parties, e.g. as part of a discussion forum or chat, gamigo shall not check the content for completeness, correctness, legality, topicality, quality or suitability for a specific purpose. gamigo shall only provide the (technical) platform for the publication of the content posted by the users. gamigo shall therefore not be responsible for third-party content or content to which gamigo merely provides access. This shall also apply to the unaltered temporary storage of third party content. gamigo points out to the user that gamigo shall only check content if and to the extent that gamigo has been notified of its unlawfulness. gamigo expressly requests users to report unlawful content.
13.2 The user represents and warrants to gamigo that it is the sole owner of all rights to the content it has posted or is otherwise entitled (e.g. by effective permission from the rights owner) to post the content.
14.1 gamigo shall provide the user with software (e.g. the launcher) in connection with the use of Glyph. In this respect, gamigo shall grant the user the non-exclusive right, limited to the duration of the contractual period, to use this software on its respective terminal device within the framework of a non-commercial use. The user may only make copies of this software for backup and archiving purposes for personal use unless gamigo explicitly allows the user to pass on the software. The user undertakes to keep the intellectual property disclaimers on or in copies of the software and to observe the relevant laws for the use of the software.
14.3 The user is not permitted to copy (excluding a necessary backup copy), distribute, sell, auction, rent, lease, lend, modify or create derivative works, edit, translate, perform, exhibit, sublicense or transfer in whole or in part any software. Sec. 69e UrhG (German Act on Copyright and Related Rights) shall remain unaffected.
14.4 All content, games and other information offered on or via gamigo’s websites are protected by copyright and trademarks as indicated in the respective legal disclaimers. The intellectual property rights to all content of Glyph, excluding content posted by the user, and other property rights to the software shall remain with gamigo and/or its suppliers and licensors.
14.5 Subject to revocation, gamigo permits the user to create user-generated content from Glyph content and to distribute such user-generated content in a restricted manner as long as Glyph, the games, gamigo and the Providers are not harmed thereby in any way whatsoever. This permission shall expressly not apply to the source code or other non-public parts of Glyph, in particular its program logic. This permission applies to game content, game scenes, characters, texts, locations, maps, graphics, animations, sounds, films, musical works and (light) images, insofar as gamigo holds these rights. Such user-generated content includes, for example, the sharing of Glyph images in social networks or making them available on fan sites or in fan forums. gamigo only permits the use of such content for personal, but not for commercial or industrial purposes. This permission is not transferable. Advertisements placed by the operator of a platform independent of the user – e.g. upstream advertising on video portals – are not considered commercial use if the user has no influence on them. This permission may be freely revoked by gamigo at any time. Further use, in particular commercial use, shall be possible with the prior written consent of gamigo. Please contact firstname.lastname@example.org.
14.6 The user grants gamigo the right, insofar as this is necessary to provide the contractual services, to reproduce and process the content uploaded or posted by the user for use within Glyph and on users’ end devices, insofar as the processing is necessary to convert the content into a file format suitable for further distribution, and to make the content publicly accessible, broadcast it and otherwise publicly present it, in particular to make the content available for retrieval by any third party via the Internet. Furthermore, the user shall also grant gamigo the right to allow any third parties to download the content to their end devices and to use it there in accordance with the intended purpose and to grant the third parties the necessary rights of use for this purpose and to use individual content or excerpts for preview purposes, for example, to advertise the games and to copy, distribute and make publicly accessible or otherwise publicly reproduce the relevant content for this purpose and to grant third parties the necessary rights of use.
14.7 As defined in Clause 14.6, the rights are granted in each case by posting or uploading content. The user shall assure gamigo that it is entitled and in a position to grant rights of use to the extent specified above. gamigo shall be entitled to demand proof of the necessary rights of use from the user.
15.1 Contracts for the free use of Glyph may be terminated by the user at any time by notifying gamigo in text form. gamigo may terminate the free use with two weeks’ notice to the end of a month. The termination of the user account on Glyph shall automatically result in the termination of any existing player registrations for all games used by the user, without the need for a separate termination by the user; in this respect, receipt by gamigo of the termination of the user account for Glyph shall be sufficient. Any Virtual Currency and Premium Features for Glyph and all games acquired up to that point shall expire without entitlement to a refund.
15.2 The right of the parties to extraordinary termination for good cause at any time shall remain unaffected by the above provisions. In particular, gamigo shall be entitled to terminate the contract for good cause if
- the user defaults on payment of the fees with an amount of at least EUR 10.00 and fails to pay despite two reminders;
- when using any other of its user accounts, the user fulfills one of the reasons for termination No. a. or b. or any other good cause;
- third parties (e.g. operators of social networks), whose login function enables the user to access its user account at gamigo, request gamigo to delete user data and/or take comparable measures; insofar as an alternative granting of access would be unreasonable for gamigo;
- third parties (e.g. operators of social networks), via whose registration function the user gains access to his user account at gamigo, restrict gamigo's access to data where alternative access would be unreasonable for gamigo;
15.3 In the event of serious violations, immediate termination is permissible without the need for a prior warning. A serious breach is a breach which will hinder gamigo from adhering to the contract as reasonably expected. This is generally the case if
- the user violates criminal laws;
- if the user uses Glyph for commercial purposes;
- if the user provides false data when registering or paying for paid services;
- if the user gives one of the reasons for termination No. a., b., c., or any other important reason when using any other user account assigned to it.
15.4 In the event that gamigo validly terminates the contract for good cause, gamigo shall be entitled to demand an amount equivalent to 75% of the sum of all fees which the user would have had to pay if the contract had been terminated at the same time and within the specified period during the term of the contract (for services not yet provided by gamigo, in particular for Premium Features already ordered). The right of the user to prove that no damage or significantly less damage has been incurred shall remain unaffected. If the user has taken out a subscription for the recurring purchase of services, in particular Virtual Currency and/or Premium Features, and terminates this prematurely without good cause by terminating its user account, sentence 1 of this paragraph shall apply mutatis mutandis with regard to any outstanding payments until the next regular renewal date of the subscription. If the user has already received the service to be provided by gamigo, there shall be no claim for a refund. In particular, there shall be no refund for Premium Features which the user has ordered from gamigo and has already received.
15.5 Each termination must be made in text form (e.g. by letter, e-mail or contact form).
15.6 Premium Features granted free of charge are generally not eligible for a refund.
17.3 The user shall have the right to object to any change or addition within six weeks of publication and the opportunity to inform gamigo. In the event of a timely objection, both parties shall be entitled to terminate the contract for good cause in accordance with the termination provisions contained herein. This shall not affect any other rights of termination. If the user does not object within the objection period or if it continues to use the services after this period, the amendment or addition shall be deemed to have been accepted and shall become an integral part of the contract.
IF YOU ARE A U.S. CUSTOMER, THIS SECTION APPLIES TO YOU. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
18.1 Disputes. Individual Arbitration. Class Action Waiver.
- Small Claims Court. Instead of using the Informal Resolution mentioned immediately above, you and gamigo agree that you may sue us in small-claims court in your choice of the county where you live or Texas (if you meet the requirements of small-claims court). We hope you’ll try Informal Resolution first, but you don’t have to before going to small-claims court.
- Binding Individual Arbitration.
THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.
- If you initiate the arbitration, you must pay the JAMS filing fee required for consumer arbitrations. In some situations, gamigo will help with your fees to (hopefully) get us to a resolution quickly and fairly: If the Dispute involves $10,000 or less, gamigo will pay all of the JAMS costs, including the fees you otherwise would have been required to pay, but only if you prevail in the Dispute. If the above doesn’t apply to you, but you demonstrate that arbitration costs will be prohibitive compared to litigation costs, gamigo will pay as much of your JAMS costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation). Even if gamigo wins the arbitration and the applicable law or the JAMS Rules allow gamigo to seek our portion of the JAMS fees from you, we won’t. The fee assistance offered above is contingent upon you bringing the arbitration claim in “good faith”. If the arbitrator finds you brought an arbitration claim against gamigo for an improper purpose, frivolously, or without a sufficient pre-claim investigation into the facts or applicable law, then the payment of all fees will be governed by the JAMS Rules. JAMS costs do not include your Attorneys’ fees and costs and Attorneys’ fees and JAMS costs are not counted when determining how much a Dispute involves. gamigo won’t seek our attorneys’ fees or expenses from you in any arbitration, even if the law or the JAMS Rules entitle us to do so. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.
- If a Dispute must be arbitrated, you or gamigo must start arbitration of the Dispute within two (2) years from when the Dispute first arose. If applicable law requires you to bring a claim for a Dispute sooner than two years after the Dispute first arose, you must start arbitration in that earlier time period. Gamigo encourages you to tell us about a Dispute as soon as possible so we can work to resolve it. The failure to provide timely notice shall bar all claims.
19.1 Users are not entitled to transfer their rights arising from this contractual relationship to third parties. Anything to the contrary shall only apply if gamigo expressly agrees to this in writing beforehand. gamigo shall be entitled to transfer the rights and obligations arising from this contractual relationship to a third party. In the event of such a transfer, the user shall be entitled to terminate the user relationship without notice if there are reasons in the person of the purchaser which make it unreasonable to expect the user to continue the contractual relationship. Any Virtual Currency available in the user account at that time will be refunded to the user.
19.4 All declarations made as part of the user agreement concluded with gamigo must be made in writing or in text form.
19.6 The Commission of the European Union provides an Internet platform for online dispute resolution (so-called OS platform). The OS platform serves as a possibility for the out-of-court settlement of Disputes concerning contractual obligations arising from online purchase contracts or contracts between consumers and entrepreneurs with residence/registered office in the European Union. The OS platform can be accessed by clicking the following link: http://ec.europa.eu/consumers/odr.
19.7 gamigo is not willing to participate in such an out-of-court settlement of Disputes arising from contracts with our customers, not even under the VSBG (Consumer Dispute Settlement Act).