Subject-Matter

In cases where Pollop Studio provides games for mobile devices (e.g. smartphones, tablets), these Special Terms of Use (“Special Terms”) apply in addition to Pollop Studio’s General Terms of Use (“General Terms”), with priority over said General Terms in this particular context.

Using Games with Mobile Devices, Restricted License

2.1. In order to use Pollop Studio games on mobile devices, the User may also or first of all be required to conclude a license agreement for a platform and/or with Pollop Studio, to open an account, or to activate a game. Otherwise the User may be unable to use a game.

2.2. Various platforms and operating systems exist for mobile devices. A Pollop Studio game can only ever be used on those platforms and devices and with those operating systems that are specified with the game, not however using any other mobile devices, environments or configurations that have not been expressly approved.

2.3. Using a Pollop Studio game or its functions may depend on an online connection to the Internet with a given bandwidth or rate of data interchange; otherwise, use may be restricted or even impossible. Using a game on a mobile device drains the device’s resources and may result in impaired performance in other respects.

2.4. Pollop Studio games are only available in certain languages or in certain localised versions. They cannot as a rule be used in other countries, regions or languages.

2.5. Pollop Studio games can be used either online or after being downloaded and installed on the mobile device. The User does not receive any separate instructions for the game in either case, other than the information and help tools that are integrated in the game or are available online.

2.6. Pollop Studio may update games, also on the User’s mobile device, in particular to ensure the security of the system, for the sake of stability and compatibility, or in order to further the game’s development. Pollop Studio is under no obligation to continue providing either support or updates for versions of a game that are not up-to-date. Updates carried out on the User’s mobile device are regularly triggered by the User; in each case, the User should check first of all whether the update has been released for the configuration it uses (platform, operating system, mobile device).

2.7. In online usage, the User may use the game’s respective functions in accordance with Pollop Studio’s General Terms of Use. If on any platform Pollop Studio gives the User the opportunity to download and install a Pollop Studio game, then in that particular context the User is only temporarily granted a non-transferable, non-exclusive personal license to play the Pollop Studio game for non-commercial purposes on a mobile device released for the game concerned. Pollop Studio may include mechanisms to verify whether a license is duly in place and is complied with.

2.8. The User is prohibited from using a Pollop Studio game in any manner other than that permitted under the license. In particular, unless authorised to do so, the User may not copy a Pollop Studio game, pass it on to third parties or otherwise grant access to it, nor may Pollop Studio games be sub-licensed, hired out, published, distributed, transferred, adapted, reverse engineered, decompiled, or re- or disassembled.

2.9. If Pollop Studio provides access to a game still under development (so-called “beta version”), use of the game may be restricted and there is the possibility of serious errors occurring. Using beta versions is done on the User’s own responsibility and may be discontinued or terminated by Pollop Studio at any time.

Third-Party Terms & Costs Applicable on Using Mobile Devices

3.1. For mobile Pollop Studio games, the User needs its own mobile device and Internet access. During a Pollop Studio game or an update, data is always interchanged via the Internet. Before playing any games, please enquire about the costs that you will be charged for doing so, in particular if you are staying in another country at the time. Moreover, be sure to check and comply with your Internet or telecommunications provider’s terms and conditions for using Pollop Studio games.

3.2. Every user is bound to abide by the relevant terms and conditions applying to its mobile device and operating system and to the platform being used.

Final Provisions, Amendments, Governing Law

4.1. The User must heed applicable statutory regulations relevant to using Pollop Studio games and a mobile device, and in particular comply with any applicable import and export requirements.

4.2. Pollop Studio is entitled at any time to amend or supplement these Special Terms or any related provisions. Pollop Studio shall publish any amendments to these Special Terms on its website (www.pollop-studio.com) and may also use other means of notification (e.g. ingame, email, pop-up). If the User makes use of Pollop Studio’s services more than two weeks after any such publication or notification, then it shall be deemed to approve the amended terms; Pollop Studio shall draw attention to this consequential effect of continued usage. If it so wishes, the User may otherwise give notice terminating the License Agreement in accordance with the General Terms, or discontinue using the game.

4.3. Legal relations between the contracting parties shall be governed by French law.

End of Special Terms of Use

General Terms of Pollop Studio

1. Subject-Matter

Pollop Studio provides users with an opportunity to play digital games and use related services on various platforms on the Internet. Users can access the games for free on the platforms with their browsers or download them to their mobile device. The games are completely free to play, but the user can purchase various items or virtual currency with real money. Pollop Studio continuously strives to improve and extend the games with more content and functionalities. The user can find more information about the functioning of the game, like compatibility with different devices or size of downloads on the respective game page of the platforms.

2. Contract Closure, Term

2.1. The contract between Pollop Studio and the user on using one or more games or other services on a platform (referred to hereinafter as “License Agreement”) is brought about as soon as the user downloads or accesses one of Pollop Studio’s games on a specific platform. In each case, a License Agreement is brought about for a single platform (e.g. a specific social network or operating system), and it may cover one or more games. Several License Agreements exist concurrently if the user plays games from Pollop Studio on different platforms. Each License Agreement is coupled to a non-transferrable user account on the respectively used platform.

2.2. The text of these General Terms and Conditions is provided on www.pollop-studio.com, also for download. Due to the method of conclusion of the agreement, the text of the agreement is not saved. Entries can be corrected on the corresponding platforms.

2.3. Any individual over the age of 18 who has full legal capacity may become a user. Minors may only conclude a License Agreement with the consent of a parent or guardian. The user must provide all the data required accurately and in full, and keep it up-to-date at all times. At any time Pollop Studio is entitled to demand adequate proof of the user’s identity and age of majority or of consent from a parent or guardian, or to make using specific functions contingent upon such proof.

2.4. A License Agreement is concluded for an indefinite period. On observing a 14-day period of notice, both contractual partners are entitled at any time to give routine notice terminating the License Agreement. Partial notice relating to a specific game is also permitted. The user may also terminate the License Agreement by deleting its account or the application.

2.5. The right of both contractual partners to give extraordinary notice for important cause remains unaffected. An important cause shall especially be deemed the case if the user defaults in payment of any fee and still fails to pay despite being sent a further reminder, or culpably commits any breach of duty that is more than merely insubstantial.

2.6. On termination of the License Agreement the user’s account is deleted, thus disabling access to Pollop Studio’s services. The user is not entitled to have deleted data restored, even on re-registering. As far as the user has already had an appropriate time to make use of the services provided by Pollop Studio (e.g. coins, virtual goods), the user is not entitled to any refund.

3. Information concerning the exercise of the right of withdrawal

INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL

3.1. 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 us (Pollop Studio GmbH, Saarbruecker Str. 38, 10405 Berlin, phone: 030 5210 705 93, Fax: 030 8964 9064, customercare@Pollop Studio.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 model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

3.2. Effects of withdrawal

If you withdraw from this contract, we shall 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.

3.3. Special Information

Your right to give notice of revocation expires prematurely in case of contracts for the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and your acknowledgement that your hereby lose your right of withdrawal.

End of Information concerning the exercise of the right of withdrawal

4. Content & Scope of License Agreement

4.1. Under the License Agreement, the user is authorised to put the games and services provided on the respective platform (also jointly referred to hereinafter as “Pollop Studio’s Services”) to personal use for a limited period in accordance with the respective terms stipulated. Pollop Studio’s Services are put at the user’s disposal along with the available functions in each case; no right to have certain functions provided exists. Pollop Studio is entitled at any time to alter content or functions (e.g. by way of patches, updates or modifications), as far as acceptable in consideration of the interests of the user.

4.2. Downtimes may be caused by technical problems beyond Pollop Studio’s control. Maintenance work may impair availability; insofar as is possible, it shall be carried out paying consideration to users. In addition, unannounced maintenance measures may be necessary, such as in the event of unpredictable failures (e.g. due to attacks, viruses). No warranty can be given that the software used by Pollop Studio is entirely devoid of errors.

4.3. As far as not otherwise specified, Pollop Studio’s Services can be used free of charge. However, the user can buy certain units or other content with real money. Pollop Studio shall always draw adequate advance attention to fee-paying services.

4.4. Pollop Studio may offer certain units or virtual currencies (e.g. in the form of coins, Pollop Studio cash or points) for money under a License Agreement or for individual games, which may be used accordingly depending on the game’s provisions and setup. These units or virtual currencies constitute an element of the game and are thus of no monetary value. In particular, alterations to Pollop Studio’s Services may result in changes in how they may be used, as far as acceptable in consideration of the interests of the user. Trading or exchanging the units or virtual currencies into real money is excluded.

4.5. Under a License Agreement or for individual games, Pollop Studio may also offer individual functions, extensions or virtual goods for money. Some of these paid features may also be used in exchange for units or virtual currency (see 4.4 above); changing them back again is excluded in each case. For the avoidance of doubt, the user is granted a non-exclusive right to use the respective function for a limited period. The granted right of use ends with consumption of the respective feature, or otherwise ends on termination of the License Agreement, if not otherwise specified before the purchase.

4.6. Whenever units pursuant to Item 4.4 or features pursuant to Item 4.5 are provided by Pollop Studio free of charge, the user may not derive any rights whatsoever there from. Pollop Studio may therefore demand back or erase the units or features concerned at any time.

4.7. If the user has questions, suggestions or problems, information can be found on https://support.Pollop Studio.com/hc or the user can contact customercare@Pollop Studio.net. Pollop Studio will take care of the user’s concern as soon as possible and provide a solution, if necessary.

5. User’s Obligations

5.1. The user is under obligation when using Pollop Studio’s Services to comply with Pollop Studio’s Code of Conduct. Any instructions and notes (e.g. FAQ) issued by Pollop Studio are to be heeded by the user as amended at the time. The user is to report to Pollop Studio immediately if it gains knowledge of any breach of duty by another user or of any violation of Pollop Studio’s Code of Conduct. If the user commits any breach of duty, Pollop Studio may take appropriate measures (e.g. issue a warning, block or erase content, disable the user’s access, or give notice pursuant to Item 2 above).

5.2. The user is liable without restriction for its own conduct and its own account. This applies in particular to any contributions posted and any content used by the user (e.g. photos); It is the user’s sole responsibility that they do not violate statutory regulations, or breach public policy or infringe third-party rights (e.g. copyright, data protection rights) anywhere in the world. Pollop Studio is under no obligation to check their accuracy or verify their legality. Pollop Studio does not adopt as its own any information, content or statements posted by users or third parties.

5.3. On posting content with Pollop Studio, the user grants to Pollop Studio in perpetuity all the rights required for the provision of the Pollop Studio Services, namely to show the content to other users, to make publicly accessible on social networks, platforms or on websites of Pollop Studio. The user is entitled to withdraw this grant of right by appropriate notice to Pollop Studio.

5.4. The user releases and discharges Pollop Studio from all and any claims that are asserted on Pollop Studio by third parties due to any breach of duty or infringement of rights that is committed by the user, unless the user is not responsible for such breach or infringement. Reasonable costs for defending and asserting rights must also be refunded.

6. Payment

6.1. Insofar as a fee is charged for the provision of Pollop Studio’s Services, the payment in each case is indicated in the game and agreed by and between the contracting parties. The prices given include statutory turnover tax.

6.2. For all Pollop Studio’s Services for which a fee is charged, the means of payment specified in each case are accepted. On effecting payment, the user is under obligation to provide correct details. Pollop Studio is entitled to verify the details provided by the user, or to have this done by third parties; Pollop Studio’s Data Protection Policy specifies its use of personal data.

6.3. Payment is due and payable upon completion of the order process. Delivery/Provision will be effected immediately after successful transaction.

7. Liability for contents

7.1. Own content

Pollop Studio is service provider in terms of § 7 para.1 TMG and liable for own contents according to the general statutory provisions. Pollop Studio created its own contents to the best of its knowledge, but takes no responsibility for correctness, completeness or for being up-to-date. Pollop Studio has no influence on design and/or contents of external websites linked on its website. Pollop Studio is neither obligated nor in the position to control these contents continuously.

7.2. External content

According to §§ 8 – 10 TMG, Pollop Studio is neither obligated nor in the position to control and/or to monitor the legality of contents uploaded or published by third parties or to investigate regarding illegal actions. This also applies for hyperlinks. Pollop Studio does not adopt external contents as its own.

7.3. Removal of content

If Pollop Studio gets informed about violations of rights, the contents in question will be removed after in-depth assessment. Pollop Studio reserves the right to disable and/or remove contents made accessible by third parties – including links – permanently.

8. Limitation of Liability

8.1. The following provisions on the limitation of Pollop Studio’s liability apply to all compensation claims and instances of liability for whatsoever legal cause, except for any claims or rights on the part of the user:

that are based on mortal injury, physical harm or health damage;

that are based on fraudulent concealment by Pollop Studio of any defect, or on the lack of any characteristic guaranteed by Pollop Studio;

that are based on intent or gross negligence on the part of Pollop Studio, its statutory representatives or vicarious agents; or

under product liability law.

Each of the aforementioned exceptions shall be governed exclusively by statutory regulations.

8.2. For Pollop Studio’s Services for which a fee is charged, Pollop Studio shall only be liable for negligence where losses or damage are due to a breach of cardinal duty, i.e. a duty having to be performed in order to attain the contractual purpose, or performance of which the user is entitled to rely on. In cases of a breach of cardinal duty, Pollop Studio’s liability shall be limited to compensation of the typical damage that Pollop Studio could foresee at the time of contract closure. For Pollop Studio’s Services for which a fee is charged, Pollop Studio’s liability for negligence vis-à-vis users is excluded in all other respects.

9. Final Provisions, Amendments, Governing Law

9.1. Claims and partial claims vis-à-vis Pollop Studio may not be assigned to third parties. Pollop Studio remains entitled to assign its rights vis-à-vis the user, in particular for collection purposes.

9.2. Pollop Studio is entitled at any time to amend or supplement these General Terms of Use and any related provisions (e.g. Pollop Studio’s Code of Conduct). Pollop Studio shall publish any amendments to these General Terms of Use on its website (www.Pollop Studio.com) and will notify the user by providing special notice. If the user makes use of Pollop Studio’s Services more than two weeks after any such publication or notification, then it shall be deemed to approve the amended terms; Pollop Studio shall draw attention to this consequential effect of continued usage by special notice. If it so wishes, the user may otherwise give notice terminating the License Agreement (see Item 2.3 above).

9.3. Legal relations between the contracting parties shall be governed by German law, excluding CISG. These General Terms of Use are provided in German and English, whereas the German version takes precedence in case of doubt.

End of General Terms of Use