General terms and conditions of Digital Blast GmbH for the use of fanblast by fans
TABLE OF CONTENTS
General; scope of application
Conclusion of contract for the use of the portal
Access to and knowledge of the GTC, changes and further notifications, contact by the user
Game instructions, game rules, conditions of participation
Free use, payments, terms of payment, default
Duties and other obligations of the user, as well as liability of the user for information posted by him, copyrights
Claims for defects
Limitation of liability
Online dispute resolution
1. GENERAL; SCOPE OF APPLICATION
2 CONCLUSION OF THE CONTRACT FOR THE USE OF THE PORTAL
2.1 By completing the registration form and subsequently confirming that the user has taken note of the validity of these GTC, a binding offer is made to conclude a free licence agreement ("contract") with FANBLAST for the use of the services. Acceptance by FANBLAST may be made expressly or by the first act of performance, i.e. granting access to the portal, but in particular also by providing the services. The user confirms acknowledgement of the validity of the GTC via the Internet browser by checking the box and confirming the entry at the appropriate point in the registration process. When using the services via apps, the user accepts the GTC by downloading the respective app. 2.2 The user's GTC shall expressly not become part of the contract unless FANBLAST expressly agrees to them in writing. 2.3 Insofar as the creation of an account is necessary for the use of the services, FANBLAST will immediately confirm receipt of the user application electronically to the e-mail address provided by the user. The confirmation of receipt does not constitute a binding acceptance of the user application. However, the confirmation of receipt can be combined with the declaration of acceptance.
3. CANCELLATION POLICY
If the user is a consumer with a habitual residence or domicile in the European Union, he has a statutory right of withdrawal in accordance with the following withdrawal policy: 3.1 Cancellation policy R I G H T O F R E V O C A T I O N You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us, Digital Blast GmbH, Reeperbahn 1, 12 OG., 20359 Hamburg, Germany, telephone: +49 (0) 40 - 57309215, E-Mail:email@example.com by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the enclosed model withdrawal form (see section 3.3.), which is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. C O N S E Q U E N C E S O F R E V O C A T I O N If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. 3.2 Premature expiry of the right of withdrawal Your right of cancellation shall expire prematurely in the case of a contract for the supply of digital content not on a physical data carrier if you have expressly agreed that we commence performance of the contract before the expiry of the cancellation period and you have confirmed your knowledge that by giving your consent you lose your right of cancellation upon commencement of performance of the contract. E N D O F T H E C A N C E L L A T I O N P O L I C Y 3.3 Model cancellation form If you wish to cancel the contract, please complete and return this form. To: Digital Blast GmbH Reeperbahn 1, 12 OG. 20359 Hamburg Germany E-mail: firstname.lastname@example.org - I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) - Ordered on (*)/received on (*) - Name of the consumer(s) - Address of the consumer(s) - Signature of the consumer(s) (only in the case of notification on paper) - Date ___________ (*) Delete as applicable.
FANBLAST guarantees an accessibility of the services of ninety percent (90%) on an annual average. Excluded from this are times in which the servers of the portal, or individual services, cannot be reached via the Internet due to technical or other problems that are beyond the control of FANBLAST (force majeure, fault of third parties, etc.), as well as times in which routine maintenance work is being carried out. FANBLAST's liability for non-accessibility of the services in the event of intent and gross negligence remains unaffected. FANBLAST may restrict access to the services if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data so require.
5. ACCESS AND ACKNOWLEDGEMENT OF THE GTC, CHANGES AND FURTHER NOTIFICATIONS, CONTACT BY THE USER
5.1 These GTC apply to any log-in to the portal, in particular to any use of the services. The GTC may be printed out by the user or stored on a permanent data carrier. 5.2 FANBLAST reserves the right to amend or supplement the GTC with effect for the future at any time, provided that this appears necessary and the user is not disadvantaged thereby contrary to good faith. An amendment may be necessary in particular (a) in order to adapt to a change in the legal situation, (b) in the event of changes in supreme court rulings, (c) due to technical necessity, (d) in order to maintain operations, (e) in the event of a change in market conditions, (f) due to extensions to the services, (g) for the benefit of the user. 5.3 Any amendment or addition to the GTC will be announced in text form in a suitable manner at least six weeks before coming into force. As a rule, notice of the amendment of the GTC shall be given by e-mail to the e-mail address last provided by the user, or on the portal or the website of the Games or in the Games, or when the user next logs in by means of a highlighted announcement ("publication"). 5.4 The user has the right to object to a change or addition to these GTC within six weeks of publication and the possibility of taking note of it vis-à-vis FANBLAST. In the event of a timely objection, both parties are entitled to terminate the contract extraordinarily in accordance with the termination provisions of this contract. Other rights of termination shall remain unaffected. Any service fees paid in advance over the termination period for virtual items or subscriptions not yet credited to the user's account or booked or used by the user by this time will be refunded to the user on a pro rata basis in this case; further claims are excluded. The amended GTC shall take effect immediately as soon as the user has accepted the amendments. If the user does not object to the changes to the GTC in writing or in text form (e.g. by e-mail) within the six-week objection period after publication or receipt of the notification of the changes to the GTC, or if he/she continues to use the services, the change or amendment shall be deemed approved and shall become part of the contract. The provisions of clause 5.1. shall apply mutatis mutandis. 5.5 In informing the user of the amendments or additions to the GTC, FANBLAST shall specifically draw the user's attention to the possibility of objection and termination, the deadline and the legal consequences, in particular with regard to a failure to object. 5.6 Unless otherwise stipulated in these GTC or in another agreement with the user, FANBLAST will generally communicate with the user by e-mail. The user shall ensure that e-mails sent by FANBLAST to the e-mail address provided by the user during registration or subsequently communicated to FANBLAST reach the user. He shall ensure this by, among other things, setting the spam filter accordingly and checking this address regularly. Otherwise, FANBLAST reserves the right to choose another suitable form of correspondence. 5.7 Whenever contacting FANBLAST, the user shall specify to which service and to which account his request relates.
6. GAME INSTRUCTIONS, GAME RULES, CONDITIONS OF PARTICIPATION
7. FREE USE, PAYMENTS, TERMS OF PAYMENT, DEFAULT
7.1 Virtual goods By receiving virtual items, the user acquires a limited, non-transferable, revocable licence to use these virtual items within the framework of the online games on the portal. 7.1.1 Free use of the services FANBLAST provides the services to the users free of charge as of the creation of an account (see section 1.2 above). The use of the services is generally not limited in terms of time and content. However, not all services may be available to the user without restriction from the beginning. 7.1.2 Additional virtual items The user has the possibility to receive additional virtual items against payment of a fee, which are not or not immediately or only to a lesser extent available to users who use the services exclusively free of charge. Additional virtual items can promote the individual experience of the services or make it possible in whole or in part in the first place. Which or how many virtual items are offered at which price or tariff, which functions they have in concrete terms and which exact possible uses they offer can be found on the portal or in the descriptions of the interactions, the respective game and/or the game rules or supplementary conditions of participation. FANBLAST reserves the right to offer new virtual items at any time. In the course of adapting and further developing the platform, FANBLAST also reserves the right to no longer offer individual virtual items. All prices for additional virtual items are gross prices, i.e. including any applicable taxes. The fee for the chargeable order of virtual items is due immediately and payable in advance (cf. section 7.1.4 below). The platform is subject to constant further development. In the course of adaptation and further development, FANBLAST also reserves the right to no longer offer individual services. Any service fees paid in advance over the termination period for virtual items or subscriptions not yet credited to the user's account or booked or used by the user by this time will be refunded to the user on a pro rata basis in this case; further claims are excluded. In the event of permanent discontinuation of the services, section 1.2.15 shall apply. 7.1.3 Subscription / Automatic renewal If payments for additional virtual items are to be made for a certain period of time (e.g. day, week, month, quarter, half-year, year), the user concludes a subscription which is automatically renewed unless the user terminates it in good time in accordance with section 8.2 at the end of the respective period of time. The terms of a subscription can be found in the details of the offer in the online shop or in the supplementary applicable rules of the game or conditions of participation, if applicable. 7.1.4 Terms of payment, due date FANBLAST is entitled to demand service fees in advance from the user for the use of additional virtual items (see above 7.1.3). The service fees shall become due upon conclusion of the contract and shall be charged to the user's specified bank account, credit card or by means of one of the alternative payment methods offered on the portal. The amount to be debited shall be shown on the account statements or statements of the payment service providers with the booking text as "WWW.FANBLAST.COM", "FANBLAST", or similar. If alternative payment methods are used, the designation may differ. In the event of payment by a mobile phone-based payment method (e.g. Premium SMS, Premium Call, Short Codes, etc.), the order and payment by the owner of the mobile phone connection with the mobile phone application shall be deemed to have been approved and initiated on behalf of the user, insofar as the user and the connection owner are different persons. 7.1.5 Adjustments to the charges for virtual items FANBLAST is entitled at any time to reduce or increase the prices for all services that do not constitute subscriptions (continuing obligations) permanently or for a limited period of time, as well as to offer new products, services or billing methods permanently or for a limited period of time. The contractual relationship shall then be continued at the changed conditions/prices without prejudice to the rights of the user pursuant to section 8.2 and section 8.3. 7.1.6 Adjustments to the charges for subscriptions FANBLAST is entitled to adjust the fees for the contractually agreed services for continuing obligations in accordance with the following: A price change for subscriptions shall be announced to the user at least six weeks before it comes into effect. As a rule, notice of the adjustments to the fees for subscriptions is given in text form by e-mail, or in the customer account on the portal or the Games website or in the Games by means of a highlighted announcement the next time the user logs in. The user has a six-week extraordinary right from the date of the announcement to object to the price change or to terminate the contract at the time of the price change. Any service fees paid in advance beyond the date of the price change for virtual items not yet credited to the user's account or booked or claimed or used by the user on the basis of the subscription up to this date will be refunded to the user on a pro rata basis in this case; further claims are excluded. FANBLAST shall point out these rights in the announcement. If the user does not exercise these rights within the deadline, the price change is deemed to be approved. Price reductions shall generally apply from the announced date for the respective next billing period. 7.2 Delay In the event of default, FANBLAST is entitled to demand interest at the respective statutory rate. In the event of default, FANBLAST is further entitled to discontinue the services or to immediately block the accounts of the users. For the period of the blocking, no service fee shall be due for any closed subscriptions. 7.3 Chargebacks, cancellation fee If FANBLAST incurs cancellation fees in the case of cancelled transactions due to the fault of the user or due to circumstances for which the user is responsible (this also includes, for example, insufficient account coverage), the user shall bear the costs actually incurred or passed on to FANBLAST due to the user. FANBLAST is entitled to claim these costs together with the original fee from the user. In all cases, the user is free to prove that no damage has been incurred or that the damage is significantly lower. 7.4 No profit guarantee The acquisition of virtual items on the portal, whether in return for payment or not, does not constitute any intangible or tangible assets for the user. In this respect, FANBLAST does not guarantee users any winnings. Users generally have no claim to the payment of a prize or the transfer of a prize, unless such a claim arises expressly from these GTC or the conditions of participation on the portal or the respective website of the game or service. A claim to payment of a prize or the transfer of a prize within the framework of a competition organised on the portal can only exist if such a prize has been expressly offered by FANBLAST. In all other respects, the respective content creator is responsible for the organisation, implementation and handling of the competitions organised by him/her. A (prize) claim also does not exist if FANBLAST determines that the possible prize claim could have arisen due to manipulation - of a technical or legal nature or due to any manipulation relevant under criminal law in general. By using the services and participating in individual games of FANBLAST or a content creator, the user agrees that FANBLAST may demand a comprehensive investigation at any time with regard to the legitimacy of a claim to a prize and may refuse to issue the prize in the meantime without the separate consent of the user. The claim to a prize is also forfeited if the user behaves contrary to the rules of the game. 7.5 No set-off, rights of retention, prohibition of assignment The user may only offset claims of FANBLAST against undisputed or legally established counterclaims. The user may only exercise a right of retention if his counterclaim is based on the same contractual relationship. The assignment of claims of the user against FANBLAST to third parties is excluded. 7.6 Services Unless otherwise agreed in the service description, services are free of charge. In all other respects, Sections 7.1 to 7.5 shall apply mutatis mutandis to chargeable services.
8 TERM, TERMINATION
8.1 Running time The contracts between the user and FANBLAST are concluded for an indefinite period of time, unless otherwise stipulated in the specific offer of FANBLAST. 8.2 Ordinary termination 8.2.1 Either party shall be entitled to terminate the contractual relationships subject to a notice period without giving reasons as follows: 8.2.2 If a fixed term has not been agreed for a contract, both parties shall have an ordinary right of termination with immediate effect at any time. 8.2.3 If a specific term (subscription) has been agreed for a contract on the use/provision of additional virtual items (see also Sections 7.1.2 and 7.1.3), this contract shall be automatically extended after expiry by the respective agreed term until the user terminates the subscription at the end of the respective term. 8.3 Termination for cause 8.3.1 The parties' right to terminate the contract at any time for good cause shall remain unaffected by the above provisions. 8.3.2 If FANBLAST is responsible for the extraordinary termination, any service fees paid in advance beyond the termination date for virtual items or subscriptions not yet credited to the user's account or booked or used by the user by this date will be refunded to the user on a pro rata basis. Further claims of the user are excluded, unless otherwise agreed in these GTC. FANBLAST is entitled in particular, but not exclusively, to terminate for cause if: a. the user culpably violates the law, these GTC, the rules of the game and/or the conditions of participation and repeatedly fails to comply with the rules in the same or a similar manner despite a warning; b. the user is in default of payment of the fees by an amount of at least EUR 10.00 and does not pay despite two reminders; c. Third parties (e.g. operators of social networks), via whose login function the user gains access to his account with the provider, request the provider to delete user data and/or comparable measures; insofar as an alternative granting of access would be unreasonable for the provider; d. Third parties (e.g. operators of social networks), through whose login function the user obtains access to his account with the provider, restrict the provider's access to data, insofar as an alternative granting of access would be unreasonable for the provider. 8.3.3 In the event of serious violations, immediate termination is permissible without the need for a prior warning. A serious violation is one in which the FANBLAST cannot reasonably be expected to adhere to the contract. This is usually the case, a. if the user violates criminal laws; b. if the user uses the account, the services in an inadmissible manner; c. if the user provides false data when registering or paying for chargeable services. 8.3.4 In the event that FANBLAST justifiably terminates the contract for good cause, FANBLAST shall be entitled to demand compensation from the user for any resulting damages. 8.3.5 If FANBLAST is responsible for the extraordinary termination and the user still has virtual items on his account, any service fees paid in advance beyond the termination date for virtual items or subscriptions not yet credited to the user's account or booked or claimed or used by the user up to this date will be refunded on a pro rata basis. Further claims of the user are excluded, unless otherwise stipulated in these GTC. 8.3.6 FANBLAST has a special right of termination with regard to the user's registration for games or services in the event that FANBLAST loses the right to operate the games or services, e.g. for regulatory reasons or because of the termination of the relevant licence agreement between FANBLAST and the respective licensor. In this case, FANBLAST may extraordinarily terminate all contracts related to the operation and use of the game or service (e.g. user contract, contract on the provision and use of virtual currency or premium features) as of the date of discontinuation of the game operation. The provisions of clause 8.3.5 shall then apply. Other rights of termination shall remain unaffected. 8.3.7 Virtual items or Premium Features granted free of charge are generally excluded from a refund. 8.4 Termination in text form Any termination must be in text form (e.g. e-mail) to be effective.
9. DUTIES AND OTHER OBLIGATIONS OF THE USER, AS WELL AS THE USER'S LIABILITY FOR INFORMATION POSTED BY HIM/HER, COPYRIGHTS
10. CLAIMS FOR DEFECTS
10.1 FANBLAST shall provide the user with access to the services in their respective existing version (section 1.2). The user has no claim to the maintenance or achievement of a certain state/range of functions of the services. The user is aware that the services - like any software - can never be completely error-free. The Services shall therefore only be deemed to be defective if their use is seriously and permanently disrupted. Defects in the services or other services or deliveries of FANBLAST detected by the user should be documented in a meaningful manner and reported to FANBLAST in a suitable form (e.g. in text form as an e-mail) with logging of displayed error messages for purposes of preserving evidence. Prior to reporting any error, the user shall consult the game or service manual and, if applicable, other assistance provided by FANBLAST for troubleshooting (in particular lists of frequently asked questions, discussion forums on problems). The user shall support FANBLAST to the best of its ability in the event of a possible defect rectification. 10.2 The user shall notify FANBLAST of any defects identified and documented in accordance with section 10.1 within a period of 14 days after the defect has occurred or become known. 10.3 Excluded from the warranty are, as a matter of principle, such defects as are caused by external influences, operating errors for which the user is responsible, force majeure or modifications or other manipulations not carried out by FANBLAST. 10.4 Guarantees in the legal sense are not assumed by FANBLAST.
11 LIMITATION OF LIABILITY
11.1 In the event of a violation of the rights of third parties for which the user is responsible, the user shall be directly liable to such third parties. The user undertakes to compensate FANBLAST for all damages resulting from the non-observance of the obligations arising from these GTC. The user indemnifies FANBLAST against all claims asserted by other users or other third parties against FANBLAST for infringement of their rights by content posted by the user or for infringement of other obligations. The user shall also bear the costs of FANBLAST's necessary legal defence, including all court costs and lawyers' fees. This does not apply if the user is not responsible for the infringement. 11.2 Insofar as FANBLAST provides its services free of charge, FANBLAST shall in no event be liable for any damage other than damage caused by gross negligence or intent. However, this shall not apply to liability in the event of injury to life, limb or health or in the event of the assumption of a guarantee by FANBLAST. 11.3 Insofar as FANBLAST demands payment for its services, FANBLAST shall be liable without limitation in the event of intent and gross negligence. In the event of slight negligence, FANBLAST shall only be liable in the event of a breach of material contractual obligations or a breach of a guarantee. Essential contractual obligations are those obligations which make the proper performance of the contract possible in the first place and on the fulfilment of which the user may rely. The aforementioned limitations of liability do not apply to liability for injury to life, limb and health or in the event of the assumption of a guarantee by FANBLAST. FANBLAST's liability under the Product Liability Act or in the scope of application of the Telecommunications Act remains unaffected. 11.4 In the event of a slightly negligent breach of material contractual obligations within the meaning of section 12.3 sentence 3, the obligation to pay compensation shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. 11.5 The above exclusions and limitations of liability shall also apply with regard to the liability of FANBLAST's employees, representatives and vicarious agents, in particular in favour of the shareholders, employees, representatives, bodies and their members with regard to their personal liability. 11.6 FANBLAST shall be liable for advice only insofar as the question has affected the content of the offer. 11.7 FANBLAST expressly distances itself from the content of all pages to which direct or indirect references (so-called "links") exist from the FANBLAST offer. FANBLAST accepts no liability whatsoever for these contents and pages. The providers of the respective pages are responsible for the content of these pages.
12.1 If, exceptionally, a prize (cash or non-cash prize) is offered on the portal, a user will be informed of this by FANBLAST after the case of winning has been established. In order to receive the prize, the user must inform FANBLAST of a domestic bank account or a deliverable address to which the prize is to be sent. The user is obliged to provide FANBLAST with a copy of his or her identity card or passport in order to carry out an age check or address verification. After transmission of the aforementioned data, FANBLAST will send the prize to the user within 14 days. An exchange, self-collection and cash payment are not possible. Additional costs associated with claiming the prize shall be borne by the user. The user is responsible for any taxation of the prize. FANBLAST is entitled to credit users who do not provide an address in the contractual area with a regularly offered alternative prize in the form of virtual items on the account. 12.2 In the event that the winner does not provide FANBLAST with the required data or a delivery cannot be made, or a delivery is returned due to an incorrect address, any claim to the prize will lapse after four weeks. 13. online dispute resolution 13.1 The European Commission provides a platform for the out-of-court settlement of disputes online (ODR platform), which can be accessed at http://www.ec.europa.eu/consumers/odr. 13.2 The e-mail address of FANBLAST can be found in the imprint. FANBLAST is neither obliged nor willing to participate in the dispute resolution procedure.
14. DATA PROTECTION
Information on the type, scope, location and purpose of the collection, processing and use of personal data by FANBLAST within the framework of the contractual relationship, as well as the user's rights to information, correction, blocking and deletion of his personal data, can be found in the data protection declaration available on the portal.
15. FINAL PROVISIONS
15.1 Users are not entitled to transfer their rights under this contractual relationship to third parties. Anything to the contrary shall only apply if FANBLAST agrees to this in advance in writing or in text form. FANBLAST is entitled to transfer the rights and obligations arising from this contractual relationship to a third party. The user shall be informed of the transfer at least four weeks in advance by announcement on the portal and/or e-mail notification. The user shall then have the option to terminate the use of the services without observing any deadlines; section 8.3.5 shall then apply mutatis mutandis. 15.2 Contracts concluded on the basis of these GTC and claims in connection therewith shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the User has concluded the contract as a consumer, the mandatory consumer protection provisions that apply in the state in which the User has his or her habitual residence shall also apply, provided that they grant the User more extensive protection. 15.3 Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. **** Status: 01.10.2022