Terms & Conditions
1.1 The following general terms and conditions regulate the use of online and mobile games and other services provided by X Rush/Penta Studios (hereinafter referred to as "X Rush"), on X Rush websites and in app stores.
1.2 X Rush offers online and mobile games and other services within the context of its technical and operational capabilities, with an average annual availability of 90% (ninety percent). This does not include periods of time during which the use of online and mobile games and other services are interrupted or affected due to urgent technical reasons or required maintenance work. X Rush is not liable for these instances in accordance with the conditions of this contract. This also does not include periods of time in which X Rush general servers or the servers of certain games do not allow online access due to reasons beyond X Rush control (force majeure, third party responsibility, etc.).
1.3 X Rush continuously updates, changes, and develops its online and mobile games and other services at its own discretion. Users can therefore only participate in the respective online game, mobile game, or other offers in its respective form provided at any given time. X Rush retains the right to cease operating an online or mobile game or remove a specific service without explanation.
1.4 Online and mobile games and other services offered by X Rush are intended solely for the purpose of entertainment. The use of these games or services for business or commercial purposes is strictly prohibited.
1.5 Users are responsible for ensuring that their own software and hardware are suitable and up-to-date.
1.6 In addition to these general terms and conditions, any existing rules of the respective online or mobile game shall also apply. In the case of an inconsistency between these general terms and conditions and the rules of the game, the provisions of these general terms and conditions shall take precedence when settling the instance of contradiction. In addition, specific terms and conditions shall also apply to certain online or mobile games, specific versions and/or components of online or mobile games, and individual services offered on X Rush websites as appropriate. Users will be appropriately informed of any specific terms and conditions prior to use of the respective offer.
2.1 The user may only take part in every round (e.g. World, Universe, etc.) of the game using one user account unless the respective rules of the game allow for exceptions from this. The use of several user accounts by one user is not permitted. Multiuser accounts such as these may be deleted or banned at the reasonable discretion of X Rush.
2.2 Users are prohibited from enacting any form of manipulative interference in X Rush. In particular, users are not entitled to utilize measures, mechanisms, or software that could interfere with the function or progress of the game. Users may not take measures that may cause an unreasonable or excessive burden on technical capacity. Users are not allowed to block, rewrite, or modify content generated by the game administration or to interfere with the game in any other manner.
2.3 Under no circumstances may users
a) create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the online or mobile games
b) use software that allows the mining of data or otherwise intercepts or collects information in connection to the online and mobile games
2.4 Users are also prohibited from running the X Rush (including all individual web pages) with programs other than the internet browser or the client program that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement the web interface. Also prohibited are scripts and completely or partially automated programs that provide users with an advantage over other users. This includes auto-refresh functions and other integrated browser mechanisms if they concern automated procedures.
2.5 The automated creation of user accounts, regardless of whether the home page is displayed or not, is not permitted.
3.1 X Rush is not liable for damages resulting from a user's breach of duty.
3.2 Regardless of any additional legal or contractual rights, it is at the reasonable discretion of X Rush to take the following actions against any user who culpably breaches statutory law, third party rights, these general terms, and conditions, or any respective additional regulations and game rules:
a) remove content
b) issue a warning to the user
c) temporarily or permanently block a user from specific or all online and mobile games and content of Goodgame Studios' websites
d) suspend a user, also from certain game functions
3.3 If users have been blocked or excluded, they may not log in again to a service provided by X Rush without the prior consent of X Rush.
4.1 Users are held personally liable for any violation of a third party's rights. Users agree to reimburse X Rush for all damages resulting from the culpable non-observance of the obligations of these terms and conditions. Users release X Rush from all eligible claims that other users or third parties may file against X Rush due to a violation of their rights by content posted by the user or due to a violation of other obligations. Users shall assume the costs of X Rush's legal defense, including all court and legal fees. This condition does not apply if the user is not responsible for the infringement.
4.2 The liability of X Rush, on whatever legal grounds, whether due to contractual misconduct or a breach of duty, is ultimately determined in accordance with the following rules:
4.2.1 If X Rush provides the respective liability-causing service free of charge, X Rush is liable only for malice and gross negligence.
4.2.2 In the case of non-gratuitous services, X Rush's liability is limited to cases of malice and gross negligence, but unlimited in cases of personal injury. In cases of slight negligence, however, X Rush will only be liable for a breach of essential contractual obligations such as delay or unavailability which X Rush is held responsible for. In the case of a breach of an essential contractual obligation, liability is limited to the typical contractual damages that X Rush had to calculate upon the conclusion of the contract due to the circumstances prevailing at this time. "Essential contractual obligations", as previously stated, are the obligations that may be relied upon by the user and that ensure that the contract runs in accordance with its regulations and achieves the contractual aim.
4.2.3 X Rush assumes no liability for interruptions within the network that are not the fault of X Rush.
4.2.4 X Rush is liable for a loss of data in accordance with the foregoing paragraphs only if such a loss could not have been avoided by adequate backup measures taken by the user.
4.2.5 The aforementioned liability limitations do not apply in cases of explicit guarantees made by X Rush, in cases of malice, and for damages due to the loss of life, limb, or health. Liability shall remain unaffected under the Product Liability Act.
5.1 X Rush retains the right to modify these terms and conditions
(a) in the event of any amendments made due to legal changes
(b) in the event of any amendments made due to decisions by the Supreme Court
(c) because of technical necessity
(d) in order to maintain company operations
(e) in the event of a change in market conditions
(f) for the benefit of the user. No amendment will take place if such an amendment would substantially disrupts the contractual balance between the parties. Users will be informed of any amendments to the general terms and conditions via the X Rush website and via the respective online or mobile game at least four weeks before the amendment is scheduled to take effect. Alternatively, X Rush may send its users the amended general terms and conditions via email or inform them that the amended general terms and conditions can be accessed via the X Rush websites. The user is entitled to object to any amendment within four weeks. The terms and conditions are deemed to have been accepted if the user remains silent for the four-week period or if the user opens the game again after receiving notification of the amended terms and conditions. X Rush will specifically inform its users about the four-week period, the right of withdrawal, and the legal significance of remaining silent.
5.2 X Rush can transfer its rights and obligations to associated companies.
5.3 Users are only entitled to an offset if their counterclaim has been legally established or has been recognized by X Rush and is uncontested or has resulted from this synallagmatic legal relationship. Users can only exercise a right of retention provided that it pertains to claims arising from this contract.
5.4 Should any provision of these terms and conditions be or become invalid and/or oppose statutory provisions, the validity of the remaining provisions of the terms and conditions shall remain unaffected.