Terms of Service

Effective Date: December 1, 2019

The terms of this agreement (“Terms of Service”) govern the relationship between you and Sebastian Feistl (a sole proprietorship with small-enterprise regulation) having its office registered to Matznergasse 10/41, 1140 Vienna, Austria regarding your use of Sebastian Feistl’s games, apps, websites and any related services (the “Service”). Use of the Service is also governed by Sebastian Feistl’s Privacy Policy and other relevant policies, which are incorporated herein by reference.

Before accessing or using the Service you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older. If you access the Service from a social networking site, such as Facebook or Google, you shall comply with its terms of service/use as well as these Terms of Service.

By installing, using or otherwise accessing the Service, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not install, use or otherwise access this Service. Use of the Service is void where prohibited.

Sebastian Feistl reserves the right, at his discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant policies at any time by posting the amended terms on the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, Privacy Policy or any other relevant policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

  1. 1. License

    • Grant of a Limited License to use the Service

      Subject to your agreement and continuing compliance with these Terms of Service and any other relevant policies, Sebastian Feistl grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

      The following restrictions apply to the use of the Service:

      • You shall not create an Account or access the Service if you are under the age of 13.
      • You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself.
      • You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements.

    • Login information and your Account

      You may be required to select a password for your Account or you may also use other credentials to access the Account (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account to do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Sebastian Feistl and modify your Login Information. You are solely responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

      The following restrictions apply to the use of the Service:

      Sebastian Feistl reserves the right to remove or reclaim any usernames at any time and for any reason.

    • License Limitations

      Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject to liability for violations of law.

      You agree that you will not, under any circumstances:

      • Engage in any act that Sebastian Feistl deems to be in conflict with the spirit or intent of the Service or make improper use of Sebastian Feistl’s support services.
      • Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service.
      • Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users’ experience when using the Service. This includes taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
      • Institute, assist, or become involved in any type of attack upon the Service, other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
      • Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Sebastian Feistl.
      • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
      • Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
      • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service.
      • Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service.
      • Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form).

      Sebastian Feistl reserves the right to determine which conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Sebastian Feistl reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

    • Suspension and Termination of Account and Service

      Without limiting any other remedies, Sebastian Feistl may limit, suspend, terminate, modify or delete Accounts or access to the Service or portions thereof if you are, or Sebastian Feistl suspects that you are, failing to comply with any of these Terms of Service or for any actual or suspected illegal or improper use of the Service. You can lose your user name and persona in the Service as a result of Account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the service, and Sebastian Feistl is under no obligation to compensate you for any such losses or results.

      Sebastian Feistl reserves the right to stop offering and/or supporting the Service or a particular part of the Service at any time, at which point your license to use the Service or a part hereof will be automatically terminated. In such event, Sebastian Feistl shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service.

      Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

      You may terminate your Account at any time and for any reason by informing Sebastian Feistl that you wish to terminate your Account or by using the provided interface of the Service.

  2. 2. Ownership

    • Games and Service

      All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, concepts, artwork, animations, sounds, documentation, moral rights, methods of operation, recordings of games played using a game client, and the game clients and server software) are owned by Sebastian Feistl. Sebastian Feistl reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

    • Accounts

      Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall forever be owned by and inure to the benefit of Sebastian Feistl.

    • Virtual Items

      Sebastian Feistl owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in the Service, whether earned in a game or purchased from Sebastian Feistl, or any other attributes associated with an Account or stored on the Service.

  3. 3. Updates to the Service

    • You understand that the Service is an evolving one. Sebastian Feistl may require that you accept updates to the Service you have installed on your device. You acknowledge and agree that Sebastian Feistl may update the Service, with or without notifying you. You may need to update third party software from time to time in order to receive the Service.

  4. 4. Disclaimer of Warranties

    • Without limiting Sebastian Feistl’s liability under section 7 below, the Service is provided as an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation of the warranty of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from a course of dealing or usage of trade. Sebastian Feistl does not warrant that you will be able to access or use the Service at times or locations of your choosing; that the Service will be uninterrupted or error-free; that defects will be corrected; or that the Service is free of viruses or other harmful components.

      Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

  5. 5. Limitation of Liability

    • To the maximum extent permitted by law, Sebastian Feistl shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenue, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Service or the Service itself, whether based on contract, tort or any other legal theory, and whether or not Sebastian Feistl has been advised of the possibility of such damages. To the extent not prohibited by law, Sebastian Feistl shall not be liable to you for more than the amount you have paid to Sebastian Feistl in accordance with these Terms of Service in the six months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Sebastian Feistl during such time period, your soled remedy (and Sebastian Feistl’s exclusive liability) for any dispute with Sebatian Feistl is to stop using the service and to cancel your account.

      Nothing in these Terms of Service shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from gross negligence or willful misconduct of Sebastian Feistl or for death or personal injury arising from any negligence or fraud of Sebastian Feistl.

      You agree to indemnify, defend and hold Sebastian Feistl (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

  6. 6. Dispute Resolution and Law

    • You agree that any claim or dispute you may have against Sebastian Feistl must be resolved exclusively by a court located in Vienna, Austria.

  7. 7. Severability

    • You and Sebastian Feistl agree that if any portion of these Terms of Service or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting provisions of the terms, which shall continue to be in full force and effect.