Terms of Service

Please read these terms of service ("ToS")  carefully, before using the app SkatGenie ("ASG"). These ToS apply to you and the developer of the ASG ("DEVELOPER") who is listed in §16. By downloading, installing or using the ASG, you assent to and are bound by this ToS.

§1 Rights to Use

The DEVELOPER grants you hereby a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the ASG for your personal, non-commercial use. The rights are granted to you are subject to your compliance with these ToS.

You do not receive any other license. The DEVELOPER retains all rights, title, and interest in and to the ASG (incl. copyrights, title, patents, proprietary rights, source code, machine code, …).

§2 Restrictions on Use

Licensee may not: (i) modify or create any derivative works of the ASG; (ii) decompile, disassemble, or reverse engineer the ASG, or (b) defeat, bypass, or otherwise circumvent any software protection mechanisms in the ASG (except to the extent applicable laws specifically prohibit such restriction); (iii) attempt to access or use the additional feature(s) provided by the subscription if the licensee has not paid the applicable license fee; (iv) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer the ASG; (v) use the ASG in a timesharing or service bureau arrangement; or (vi) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the ASG. The ASG may not be used for any revenue generating activities.

§3 Payment & Conditions

Free Games

There is no license fee for the free version. You get up to 6 free games daily. The DEVELOPER in his sole discretion may change this offer anytime.

Subscription

You may also purchase an auto-renewing subscription through an In-App purchase to enjoy this game without any breaks. This subscription is an auto-renewable. Your subscription will be charged to your Play Store account at confirmation of purchase and will automatically renew (at the duration selected) unless auto-renew is turned off at least 24 hours before the end of the current period. Current subscription may not be cancelled during the active subscription period; however, you can manage your subscription and/or turn off auto-renewal by visiting your Play Store account settings after purchase.

During the active subscription period the ASG needs to connect regularly to Play Store to check if the subscription is still active. If it fails to do this for 200 games, you can only play up to 6 games per day (as long as an active subscription has not been confirmed again). The end of your subscription period is not effected by this.

§4 Playing for Money

You cannot win any real money if you use this ASG. The accounting is either based on points or play money.  

Neither your playing partners, nor the ASG, nor the DEVELOPER have any legal obligations in payment of the listed debt based on the balance statements in this ASG. The amount of money you may see in the balance statements is just play money.

§5 Personal Information

The ASG can be personalized easily. You may change your players' profile picture and design your own playing cards. You can also pick your own player's name. It is up to you to use your real name or a fictional one. The same applies to the players' profile pictures.

Your Responsibilities

You are solely responsible for the content that others receive. If you activate the multiplayer mode in game settings, your profile’s name is sent automatically to your potential playing partners nearby that also run this ASG. In case you accepted their game invitations, you also see their profile’s pictures and they see yours. It is not allowed to enter any data that violates the rights of other people, spreads hate, offends against good morals, glorifies violence or contains propaganda.

Disclosure of Identity

If you use your real name or a picture that allow your playing partners to identify you in a multiplayer game, you do it at your own risk.

Data Protection

If you have imported any personal information, you can delete it any time in this ASG in game settings.

The processing of your personal information is governed by the privacy policy available in this ASG or at https://www.skatgenie.de/privacy/privacy_policy_android_english.html

§6 Indemnification

Licensee agrees to indemnify, hold harmless, and at the DEVELOPERS request, to defend DEVELOPER from any and all costs, damages and reasonable attorneys’ fees resulting from any breach of this ToS or any allegation or claim that Licensee’s use of the ASG has violated any right of any third party or violated any law.

§7 Responsibility for Copyright Content

Licensee alone is responsible for ensuring that any visual content that is imported in the ASG is properly obtained, licensed and used under copyright and all other applicable law. Licensee agrees not to use the ASG to display or distribute visual content in any manner that violates any U.S. or foreign laws or any third party rights.

§8 Ownership

The ASG is protected by copyright and other intellectual property laws and by international treaties. No ownership rights are granted by this ToS. The DEVELOPER may use in any manner and without limitation all comments, suggestions, complaints and other feedback that Licensee provides relating to the ASG. All rights not expressly granted to Licensee are reserved to the DEVELOPER.

§9 Disclaimer of Warranty

The ASG is provided “AS IS.” The DEVELOPER disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk arising out of use or performance of the software remains with you. The developer does not make any representations regarding the results of the use of the ASG.

§10 Limitation of Liability

To the maximum extent permitted by the applicable law, in no event will the DEVELOPER maximum extent permitted by applicable law, in no event will the DEVELOPER be liable for any indirect, special incidental, consequential, or exemplary damages, even if such party has been advised of the possibility thereof. The DEVELOPER’s entire liability will not exceed in the aggregate the sum of the fees licensee paid for this license. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so this exclusion and limitation may not be applicable to you. The DEVELOPER will not be liable for any claims or damages arising out of content provided by Licensee or a third party that is accessed through or used with the ASG and/or any material linked to or through such content.

§11 Maintenance and Support

The DEVELOPER maintains the ASG during your active subscription period. You can report issues (e.g. tactical errors, technical problems) via e-mail in the ASG. The developer will strive to fix your reported issues as soon as possible. It is, however, up to the developer to decide which issues need to be fixed first.

Support for the ASG consists of online FAQ (https://www.skatgenie.de/Skat/FAQs/FAQs-english.html).

§12 Changes to these ToS

The DEVELOPER may update these ToS in response to changing legal, technical, or business developments. You will be informed about these changes in the ASG.

§13 Copyright

If it is your firm believe that the ASG has infringed your copyright, please send a message to the address listed in paragraph §16. The message should contain:

At the end of the letter write a solemn affirmation that states:

Please note that if you knowingly misrepresent that copyright material you may be liable for damages.

§14 Governing Law

You agree that these ToS shall be governed and construed in accordance with the laws of Germany, regardless of the conflict of law provisions. You agree that any claim or dispute you may file against the DEVELOPER must be resolved exclusively by a court located in Rostock, Germany.

§15 Severability Clause

This contract and any supplemental terms, policies, rules and guidelines constitute the entire agreement between you and the DEVELOPER and supersede all previous written or oral agreements. If any part of the ToS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

§16 Developer of ASG

The developer of the ASG is:

Torsten Palfner
Fr.-Engels-Str. 34
18273 Güstrow
Germany

email: terms@skatgenie.de


This document is available at https://www.skatgenie.de/terms/terms_android_english.html

Date: 2020-08-23