Terms of Service

HeartOfRoses_from_Gaudor_tablet_phone_game_MyGarden_with_loveGaudor Terms of Service

Eva Wulf, Schlehenweg 7, 76149 Karlsruhe, Germany („Gaudor“,  “we” or “us” ), is a developer and publisher of games and mobile game applications that are made available via app stores  and other platforms and provides services for games such as webpages and forums  (our “Games”).
Acceptance of these Terms of Service creates a binding legal agreement between you (also the “User”) and Gaudor (“User Agreement”). Each time you download one of our Games to your device or  connect to one of our Games on a supported social network or visit our website, a new User Agreement is concluded and its terms apply to your use of the specific Game that you accepted these Terms of Service for.

1. About these Terms of Service
1.1 By downloading or connecting to one of our Games or visiting our websites, you accept these Terms of Service and our Privacy Policy. Your relationship with Gaudor will be subject to these and only these Terms of Service and our Privacy Policy.
1.2 App stores and other platforms and social networks and providers of services integrated in the games such as video recording and playing functionality may provide their own terms that apply to your relationship with these app stores and other platforms and social networks and service providers.
1.3 You represent that you are 14 years or older. If you are younger than 18 years, you can only download or connect to our Games and play them on your device or in a supported social network, if your parent(s) or legal guardian have/has reviewed these Terms of Service and allowed you to download or connect to our Game in the supported social network and play our Game subject to these Terms of Service. Gaudor may require adequate proof of your identity and age and consent from a parent or guardian at any time.
1.4 You represent that you are accessing our Games as a private person. Any commercial use of our Games is not allowed.
2. About playing our Games
2.1 You can play our Games upon download to your device or connecting in a supported social network. Information about gameplay, features and functions inside our Games can be found in the Game descriptions on the app stores and other platforms, in support sections inside our Games and on the Gaudor website.
2.2 Our Games are free to play, but you may purchase virtual items (e.g. virtual coins, energy, magic, personalisations, special items, special features such as unlocking new areas) inside our Games to alter gameplay, speed up progress in the Game or get special experiences, extensions or personalisations by spending real money (“Virtual Items”). Prices for Virtual Items include applicable statutory value added tax. Means of payment may vary depending on which app store or other platform you make your purchase. Without prejudice to Sec. 3 below, Virtual Items cannot be exchanged into real money or refunded. You understand that you do not own Virtual Items, but acquire a limited license to use Virtual Items according to the specific Game’s gameplay.
2.3 You understand that downloading or connecting to and playing our Games requires an Internet connection that you are responsible for. Your Internet service provider may charge you for access to the Internet.
2.4 We continuously strive to improve our Games and may add new or remove existing features and content. If we do this we will take User interests into account. Gaudor supports the Games in principle, but is not obliged to provide updates or support. Gaudor reserved the right to terminate the Games or parts of the Games or alter the mechanics inside the Games (gamebalance) at any time.
2.5 The Games are provided “as is” and “as available”. There is no warranty, especially no warranty to be error-free. In case of technical issues or ideas for improvements you are welcome to contact support.
2.5 Gaudor may automatically update Games, also on the User’s mobile device, if the device’s settings allow for it, in particular to ensure the security of the system, for the sake of stability and compatibility, but only in due consideration of User interests.
2.6 Maintenance may affect availability of our Games, and will only happen in due consideration of User interests. Downtimes may also be caused by technical problems beyond Gaudor’s control.
3. Right of Cancellation
You have the right to cancel your User Agreement within fourteen (14) days after your receipt and acceptance of these terms. To exercise this right you need to inform us (Eva Wulf, Schlehenweg 7, 76149 Karlsruhe, Germany , support@gaudor.com) in writing by explicitly communicating your cancellation (e.g. with a letter sent by mail or e- mail). 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.
When you acquire a license to access digital content (e.g. the Games or websites) or buy Virtual Items, you will be given an opportunity to consent to delivery at the time of acquisition.  By consenting to delivery, you acknowledge that you have lost the right to cancel and the license purchase fee is non-refundable. In other words you agree to get the Game or Service or Virtual Item quickly after downloading or opening or buying it, but this means you cannot cancel the User Agreement afterwards.
4. Ownership and Scope of License
4.1 Gaudor owns or has licensed all rights, title and interest in and to the Games including all content (except for content created by users), software, program code, graphics, texts, storys, names, animations, music, audio-visual effects, game titles, and trademarks. All rights not expressly granted are reserved by Gaudor.
4.2 You can only download our Games or connect to our Games in a supported social network and access our Games for your personal use. Gaudor grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to download our Games to your device or to connect to our Games in a supported social network and play them provided that you are in compliance with these Terms of Service.
4.3 You understand that when you purchase a Virtual Item, you do not to own it, but acquire a limited license to use the Virtual Item as a feature inside the Game that you purchased the Virtual Item in. As Virtual Items are no assets that one can own, they cannot be transferred, neither from one Game to another nor from you to another user account nor viceversa. The license granted to you ends when you used up the purchased Virtual Item or this User Agreement expires.
5. User conduct
5.1 You shall download and connect to and play our Games only for your personal use and according to these Terms of Service, any app store and other platforms and social network terms and applicable law.
5.2 You shall only download and play our Games and acquire Virtual Items from the app stores and platforms that we make our Games available on, and only play our Games on devices and platforms that we provide the relevant Game for.
5.3 You shall not interfere with our Games and gameplay in our Games irrespective of whether or not this includes manipulation of the software, servers or networks. In particular and without limitation you shall not:
– create, offer or use hacks, cheats, exploits or any other unauthorized application, tool or command that modifies the Game or gameplay or circumvents technical protection measures in a way not intended by Gaudor;
– decompile, disassemble or reverse-engineer our Games;
– create, offer or use any malware (e.g. computer viruses, Internet worms, Trojan horses, hoaxes, dialers);
– attempts to disrupt the service or attamps at to hinder any other person’s use or enjoyment of the Games;
– offer, provide or acquire our Games or Virtual Items by means other than explicitly authorized by Gaudor;
– spy on Gaudor, its Games or any other services or users or collect data unauthorized;
– sell or transfer a Game account or use other people’s accounts;
– to support others with the above mentioned forbidden acts.
5.4 If we need information or data from you, e.g. for registration or in case of a support question, you will provide us with accurate and complete information and keep this information up-to-date at all times.
5.5 You will take reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control.
6. User communication and content
6.1 Our Games may allow you to communicate with other users and post and include content (e.g. texts, pictures). The content you post and use should be characterized by a positive attitude towards others (“Spirit”). When you interact with other users or make content available via our Games, you shall not:
– post or use any communication or content that breaches applicable law including third-party rights, e.g. rights in intellectual property, rights to confidentiality or rights to privacy;
– post or use any communication or content that is abusive, unethical, racist, obscene, pornographic, discriminating, harmful to minors or glorifies violence, or is objectionable in any other way;
– insult, threaten, provoke or harass others including other users as well as Gaudor and its employees and partners, for example, by using abusive language, stalking or spamming;
– post or use any communication or content for commercial purposes;
– link or refer to any source outside our Games that is in breach of this Sec. 6.1.;
– harm the spirit of the Games as Gaudor understands it.
6.2 Gaudor, in this context only the provider of the technical means to communicate or make content available, is not obliged to monitor communication or content made available by you or other users via our Games, and does not assume any liability to that extent. Gaudor reserves the right to supervise and screen communication and content, but has no obligation to do so. Any person that makes communication or content available via our Games remains solely responsible for such communication and content, so you remain responsible for your communication and content. You shall indemnify Gaudor against all and any claims that are brought against Gaudor as a result from your breach of Sec. 6.1, unless not caused by your fault.
6.3 Gaudor reserves to remove any such communication or content, if we have reasonable ground to believe them to infringe third party rights or any other applicable law or this Terms of Service, especially Sec. 6.1. If you believe communication or content made available via our Games infringes your rights or is in breach of these Terms of Service, please notify us at support@gaudor.com.
6.4 By making communication or content available via our Games, you grant Gaudor a permanent, worldwide, sublicensable and royalty-free right to use your communication and content for display inside our Games, for public communication and to publish your communication and content in all media and to adapt them for these purposes. You may withdraw from this grant of rights for the future by giving appropriate notice to Gaudor at support@gaudor.com.
7. Liability and limitation of liability
7.1 Nothing in these Terms of Service shall limit Gaudor’s liability where applicable law does not allow for such limitation. In particular, Gaudor’s liability shall not be limited:
– for death or personal injury from Gaudor’s or any of our statutory representatives’ or agents’ negligence or malice;
– for any other kind of damages and loss from Gaudor’s or any of our statutory representatives’ or agents’ gross negligence or malice or fraud;
– in case Gaudor has assumed an explicit quality warranty;
– in case Gaudor is liable according to the German Product Liability Law (Produkthaftungsgesetz).
7.2 Without prejudice to Sec. 7.1 and only where applicable law allows for such limitation, Gaudor shall only be liable for Gaudor’s or any of our statutory representatives’ or agents’ slight negligence, if this causes a breach of an essential obligation under this User Agreement (obligations that need to be fulfilled in order to achieve the purpose of this User Agreement and on whose fulfillment a User can usually rely upon). In this case, Gaudor’s liability shall be limited to predictable damages and losses that usually occur in these cases. Any further liability of Gaudor is excluded.
8. Contract duration and termination
8.1 This User Agreement runs for an indefinite term.
8.2 Either party may terminate this User Agreement at any time by giving 14-days notice (written or electronic communication, e.g. via e-mail, required). You may also terminate the User Agreement with immediate effect by deleting the Game from your device or removing the Game from your social networking profile. Gaudor reserved the right to terminate any account that has been inactive for 180 days.
8.3 If we have reasonable ground to believe that you are in material breach of these Terms of Service, we may suspend your access to our Game and/or terminate this User Agreement. Your breach of Sec. 5 or 6 shall be considered a material breach.
8.4 Either party may terminate the User Agreement for cause without giving notice. Grounds for such termination for cause include material breach of these Terms of Service.
8.5 We can exclude you from the Game or all Games by Gaudor if you harm the Spirit of the Games as Gaudor understands it, especially including breach oft Sec. 5 or 6.
8.6 Upon expiry, you will no longer be able to access the Game that was the subject matter of the User Agreement. Your in-game progress and any other Game-related data will be deleted. By this you will also lose your purchased Virtual Items. Only if Gaudor continues to operate the Game and does not exclude you from this Game or all Games by Gaudor, you may again download the Game or access the Game in a supported social network whereby a new User Agreement will start to run. However, any game-related data including your Virtual Items cannot be restored.
9. Final provisions
9.1 Gaudor may transfer all or a part of its rights or obligations pursuant to this User Agreement to a third party without your consent. You may transfer any of your rights or obligations under this User Agreement only with our prior written approval.
9.2 We reserve to amend these Terms of Service at any time. We will notify you about amendments by a special notice no later than four weeks before such changes take effect, either by notification inside the Game or in the description of a Game update on a Platform. You may object to the changes within four weeks from such notice. If you do not object within four weeks or continue to use the Games or websites, the changes shall be deemed accepted by you. If you object, we may terminate this User Agreement in accordance with Sec. 8. When we notify you about the amendments we will also inform you about the deadline for objecting to the amendments and consequences if you fail to object.
9.3 This User Agreement is governed by German law, excluding CISG. As far as this is legally possible, you agree that any claim or dispute you may have against Gaudor must be resolved exclusively by a court located in Karlsruhe, Germany. If your place of residence is outside of Germany at the time you enter into this User Agreement, mandatory provisions of law in your jurisdiction concerning applicable law shall remain unaffected and apply.
9.4 Where Gaudor provides a translation of the German language version of the Terms of Service, the German version will still govern the relationship between the User and Gaudor, especially in the case of a contradiction between the translation and the German version. The German version is available at the Gaudor website.
9.5 If any provision of these Terms of Service is held to be invalid or unenforceable, validity and enforceability of the remaining provisions shall not be affected.
Karlsruhe, January 2016

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