General Terms & Conditions

<!DOCTYPE html> <html lang="en"> <head> <meta charset="UTF-8" /> <meta name="viewport" content="width=device-width, initial-scale=1.0" /> <title>General Terms & Conditions - QUIZDOM</title> <style> :root { --blue: linear-gradient(180deg, #2e95fa 0%, #1872ca 100%); --yellow: linear-gradient(180deg, #ffce0d 0%, #ffaf06 100%); } body { font-family: Arial, sans-serif; line-height: 1.6; margin: 0; padding: 0; background: rgba(0, 0, 0, 0.1); } .container { max-width: 800px; margin: 0 auto; padding: 20px; background: #fff; border-radius: 10px; box-shadow: 0 4px 8px rgba(0, 0, 0, 0.1); } .blue { background: var(--blue); -webkit-background-clip: text; -webkit-text-fill-color: transparent; } h1 { font-size: 28px; text-align: center; margin-top: 0; } h2 { font-size: 24px; font-weight: bold; margin-top: 20px; margin-bottom: 10px; color: #ffce0d; } h3 { font-size: 20px; font-weight: bold; margin-top: 15px; margin-bottom: 10px; color: #ffaf06; } p { margin-bottom: 10px; } .sections { background-color: #f0f0f0; padding: 20px; margin-bottom: 20px; border-radius: 10px; } .sections h4 { font-size: 18px; font-weight: bold; margin-top: 0; } .sections p { font-size: 16px; } .contact-info { margin-top: 20px; text-align: center; } .contact-info p { font-size: 14px; margin-bottom: 5px; } </style> </head> <body> <div class="container"> <h1 class="blue">General Terms & Conditions - QUIZDOM</h1> <div class="sections"> <h4>General Terms & Conditions (GTC)</h4> <p> These GTC are valid from 01.03.2024.<br> Any language version other than English is for reading purposes only! Only the English version is legally binding! </p> </div> <div class="sections"> <h4>Preamble</h4> <p> Quizdom UG (haftungsbeschraenkt) with registered office in Ladehofstrasse 28, D-93049 Regensburg, Germany– hereinafter referred to as “QUIZDOM” –, offers online games – hereinafter referred to as “game” or “games” – as well as additional services connected to them online and/or via apps. These additional services include, among other things, the creation of a profile and of an account page (dashboard), the participation in various communities, and the option of acquiring “credits”, “token”, “NFT” etc., a virtual currency or item, which can be exchanged for additional services, rights, and virtual items. There may moreover exist the option to play for money. To do this, the player may keep a separate account and deposit real money via a payment system provided by QUIZDOM or third party that is then managed in a separate account. The participant can use this money as stake in prize games, such as quiz tournaments. Wins and losses from the participation in prize games are settled through this account. The participant may withdraw money from this account at any time as soon as a minimum balance of an equivalent of 25 EUR is exceeded. At least an equivalent of 25 EUR must remain on the account. These expire after deletion of the account. If user fees are due for the keeping of this account, for which QUIZDOM bills the participant. </p> </div> <div class="sections"> <h4>Section 1 Scope of application</h4> <p> 1.1 QUIZDOM renders the services rendered to participants in connection with the games – including all additional services – exclusively on the basis of these General Terms and Conditions (hereinafter referred to as “GTC”). QUIZDOM hereby expressly rejects any GTC of participants. Any GTC of participants only become contractual elements if QUIZDOM has expressly agreed to them in writing. <br><br> 1.2 The rules of the game and the conditions of participation of the games are available publicly on the web page of the respective game and/or the respective app. By participating, the participant also accepts these rules of the game and conditions of participation as binding. The GTC are available to the participant in the app and on the user interface of his or her account and for download at any time. <br><br> 1.3 The participants are not authorized to transfer their rights from this contractual relationship to third parties. <br><br> 1.4 These GTC do not deal with questions that may arise in connection with the services of third parties, including concerning access to the internet, mobile communications networks, and platforms of third parties (e.g. social networks, online shops). </p> </div> <div class="sections"> <h4>Section 2 Object and scope of services</h4> <p> 2.1 QUIZDOM enables participants to take part in the games and the additional services offered in this context within the existing technical and operational possibilities. <br><br> 2.2 In order to play the games, the participant has to connect to the respective server of the game via a client (web or app). QUIZDOM makes the games as well as any required applications or clients available online and/or for download. <br><br> 2.3 It is the responsibility of the participant to keep his or her terminal devices (e.g. PC, smartphone, tablet) in a condition allowing for the utilization of the games. This includes above all that the terminal device has a corresponding internet connection and meets the minimum system requirements for the respective game. It is the responsibility of the participant to establish and maintain his or her internet connection. QUIZDOM is responsible neither for establishing nor for maintaining the internet connection of the participant. The participant has to independently obtain information on any fees accruing due to his or her use of the services of QUIZDOM via mobile phone and the internet from his or her mobile phone or internet provider. <br><br> 2.4 The use of the games in their basic versions is free of charge (“basic version”). However, participants may acquire “credits”, “coins”, “token”, “NFTs” or “tickets” that are credited to the user account of the participant, for example for special game progress, services, or against payment of a certain amount of money. These “credits”, “coins”, “token” or “tickets” can be exchanged for virtual items and/or other additional functions. They serve in particular also for the acquisition of the right to participate in games that are not part of the basic quota of games per participant (“premium version”; see section 7 on payment methods). The participant may freely dispose of the credits, however, the exchange or re-change for money is excluded on principle. The participant is separately informed about the functions, conditions, and prices of credits, virtual items, and additional functions prior to using them in each game. Virtual items or credits are not “things” as defined by section 90 of the German Civil Code (BGB). QUIZDOM does not transfer any property to the participants, but rather only a right of use, the duration and scope of which depends on the respective virtual item. <br><br> 2.5 The games are constantly being further developed, updated, and modified in order to offer the participants long-lasting playing fun. This is why the right to participate always only applies for the current version of the games. QUIZDOM reserves the right to suspend, limit, or modify the operation of individual games or individual features of the games in whole or in part at any time and without giving reasons. The participant’s right to terminate the contract with immediate effect remains unaffected by this. No additional rights of the participant exist, unless these GTC expressly state otherwise. <br><br> 2.6 QUIZDOM guarantees the constant availability at any time for each game. This does not include times when the servers for the respective games are not available over the Internet due to technical or other problems which are beyond the control of QUIZDOM (e.g. force majeure, fault of third parties, etc.) and times when routine maintenance tasks are being carried out. The liability of QUIZDOM for inaccessibility of the servers in case of intent or gross negligence remains unaffected by this. QUIZDOM may restrict access to the services if required for the security of network operations, the maintenance of network integrity, or in particular the avoidance of serious disturbances of the network, software, or stored data. </p> </div> <div class="sections"> <h4>Section 3 Participants</h4> <p> 3.1 QUIZDOM offers all services (games und additional services) exclusively to consumers as defined in section 13 of the German Civil Code (BGB). This applies independently of whether the services are offered in the Federal Republic of Germany or abroad. <br><br> 3.2 The utilization of the basic version is not subject to age restrictions on the part of QUIZDOM. <br><br> 3.3 Upon acquisition of “credits”, “coins”, “token”, “NFT” or “tickets” against payment - hereinafter referred to as “credits” - of an amount of money, the participant confirms that he or she is of full legal age and has legal capacity or, in case of minors, that the consent of his or her legal representative has been given. QUIZDOM has the right to request written proof of majority (age verification) of the participant respectively the declaration of consent of his or her legal representative at any time. If additional data or information is required due to current legal provisions, QUIZDOM reserves the right to demand them. <br><br> 3.4 The participation in the games serves entertainment purposes only. The participants must not use the games for commercial purposes. </p> </div> <div class="sections"> <h4>Section 4 Registration process and conclusion of contracts</h4> <p> 4.1 The participation in a game is in general possible at all times. If the participant wants to save scores, earned credits, or other prizes, this is only possible if the participant has registered beforehand and created a user account – hereinafter referred to as “account” or “player account”. The registration of a participant takes place online either by filling in a registration form on the web page of the respective game, by registering in an app, directly on the web page of QUIZDOM, or via the registration on a social network, such as through Facebook Connect. <br><br> 4.2 Also required is accepting these GTC by clicking a checkbox in the course of the registration. The GTC can be printed or saved on a permanent data medium by the participant prior to sending off the registration form. In addition, the GTC are stored in each app and in the individual user interface of the player at all times. QUIZDOM is free to make the basic version of a game available without prior registration, as well. <br><br> 4.3 The participant has to fill in all fields marked “required” in the registration form. All data in the registration form, regardless of whether they are voluntary or mandatory, have to be correct. During the registration, the participant may have to indicate an e-mail address at which he or she can be reached. <br><br> 4.4 Upon sending the registration or – if no registration takes place – upon first logging in, the participant makes an offer for conclusion of a user agreement with QUIZDOM. The receipt of the participant’s application is confirmed by QUIZDOM electronically, if applicable to the e-mail address indicated by the participant. The confirmation of receipt does not constitute the acceptance of the participant’s application. However, it may be given in connection with the declaration of acceptance. The contract is concluded only upon acceptance of the participant’s application by QUIZDOM. This may take place explicitly or through the initial fulfillment action by QUIZDOM. No right to a conclusion of contract, the creation of an account, or the participation in the games and/or the use of their additional services exists. <br><br> 4.5 Every participant may create and use only one account. The creation of multiple accounts by the same participant is prohibited. A violation entitles QUIZDOM to immediate termination without notice (see item 9.4). <br><br> 4.6 The participant chooses a member name in the context of his or her registration, which will be the player name. Selecting a member name with pornographic or racist content, content aimed at inciting the public or glorifying war or violence, or offensive or otherwise unlawful content is prohibited. A violation entitles QUIZDOM to immediately ban the participant (see item 15.5). If the participant does not remove the reason for the ban upon demand by QUIZDOM, QUIZDOM may terminate the account of the participant. <br><br> 4.7 The participant must not transfer his or her account to third parties without the prior written consent of QUIZDOM. <br><br> 4.8 QUIZDOM offers the participant the basic option to log into a game using an account set up with a third-party provider. Items 4.1 to 4.6 apply accordingly in this case. <br><br> 4.9 QUIZDOM is not responsible for the availability and operational functionality of accounts of third-party companies through which the participant may gain access to the offer by QUIZDOM. In this case, the rights of the participant are determined by the respective agreements and conditions between the user and the respective third party. </p> </div> <div class="sections"> <h4>Section 5 CANCELATION POLICY</h4> <p> You can cancel your contract within 14 days in writing (e.g. letter, e-mail) without giving any reasons. The period begins upon receipt of this notification in writing, but not before the agreement is signed and also not before our information obligations are fulfilled according to art. 246 section 2 in connection with section 1 (1) and (2) of the Introductory Act to the German Civil Code (EGBGB) as well as our obligations according to section 312g (1) (1) of the German Civil Code (BGB) in conjunction with art. 246 section 3 EGBGB. The timely dispatch of the notice of cancelation is sufficient for compliance with the cancelation period. The notice of cancelation must be submitted to: <br><br> Quizdom UG (haftungsbeschraenkt) <br> Ladehofstrasse 28 <br> D-93049 Regensburg <br> Germany <br> E-mail: hallo@quizdom.com <br><br> <strong>Consequences of cancelation</strong> <br><br> In the case of an effective cancelation, the mutually received goods, services, and payments must be returned and any benefits (e.g. interest, dividends) surrendered. If you cannot return the services received in full or in part, or only return them in worse condition, you must pay us compensation for the value. This may mean that you must nevertheless fulfill the contractual payment obligations for the period up to the cancelation. Obligations for reimbursement of payments must be fulfilled within 30 days. For you, the period begins when you send your cancelation notice and for us, upon receipt of the same. <br><br> Special notice: Your right to cancel expires prematurely if the contract is fulfilled by both parties at your explicit request before you have exercised your right of cancelation. <br><br> <strong>End of the cancelation policy</strong> </p> </div> <div class="sections"> <h4>Section 6 Terms of use</h4> <p> 6.1 The games are made available to the participants only within the context of a utilization under the terms of the contract. Registered participants can connect to a server using their member name and personal password via the respective apps or clients for the games. The automated creation of a player account is not permitted. The connection to the server is only possible via the official apps or clients provided by QUIZDOM. <br><br> 6.2 The participant is not authorized to use measures, mechanisms, or software in connection with the web page, the app or the client, or other software provided by QUIZDOM, which could interfere with the function of the games and the additional services, as well as with the course of the game. The participant must not take any measures that could result in an unreasonable or excessive load on the technical capacities of QUIZDOM. The participant is in particular not permitted to block, overwrite, or modify content generated by QUIZDOM, unless this has expressly been permitted in writing by QUIZDOM. <br><br> 6.3 The participant must not add elements to or change, delete, or otherwise modify elements of the game software, unless QUIZDOM has expressly consented to this in writing. In particular, the participant must not copy, extract, or otherwise use graphical elements or try to decode the source code of the software. <br><br> 6.4 The participant is not authorized to use the games for commercial or illegal purposes. <br><br> 6.5 The participant must not execute or let execute, apply, or use any software or hardware applications of third parties which allow him or her to influence the score or the course of the game or to receive any services which would otherwise have to be paid for. The participant is therefore in particular not permitted to obtain services with costs or other advantages, such as the systematic or automatic control of the game or of individual game functions, by using software of third parties or other applications (in particular “bots”, “hacks”, or “cheats”). <br><br> 6.6 The participants are expressly prohibited from selling, renting out, or offering virtual items or acquired credits within and/or outside of the games – regardless in which form – in a commercial scope to third parties; to purchase, rent, or accept them from third parties; or to distribute or reproduce them in any other way. This prohibition does not apply if the participants request no consideration for the virtual items or the acquired credits, or if consideration is requested exclusively in the form of other virtual items or credits for the same game, and/or if the express consent of QUIZDOM has been given. If credits or virtual items are traded in the games with conspicuous frequency without a comparable equivalent being given within the game, a violation of this item 6.6 is suspected. The participant is entitled to bring proof to the contrary. <br><br> 6.7 The participants are furthermore obligated to comply with the legal regulations when using the games. They are in particular prohibited from distributing any type and form of content with pornographic, racist, or offensive content, content glorifying war or violence, or otherwise unlawful content, as well as content suitable to violate the rights of third parties. Participants are also prohibited from distributing in the games’ commercial advertisement for products and/or programs of third parties or from distributing without authorization works by third parties that are protected by copyright or other rights. </p> </div> <div class="sections"> <h4>Section 7 Payment processing and management of a cash account</h4> <p> 7.1 Participants are offered the option of purchasing credits in various ways, including against payment, which are then credited to a separate account managed by QUIZDOM or third party (see 7.8). In addition, it is possible to top up the account via postcard free of charge. When topping up credits via postcard, one free game may be topped up per postcard. For this, it is necessary to indicate a number and/or code indicated in the game. The postcard must be sent to Quizdom UG (haftungsbeschraenkt), Ladehofstrasse 28, D-93049 Regensburg, Germany. <br><br> In particular, the participant may use the credits to purchase virtual credits, game authorizations and/or additional functions not available in the basic version and/or that have to be earned by playing etc.. The participant is informed about the type, function, and prices of the credits, virtual items, and additional functions prior to using them in each game. The virtual items and additional functions offered and available against credits enable the participant to use certain additional functions in accordance with the rules of the game of the respective game for a certain time period. <br><br> 7.2 Since the games are continuously being further developed, QUIZDOM reserves the right to offer new additional functions and/or virtual items, and/or remove them from the offer, change them, or make them available in the basic version. If the participant has already traded credits for virtual items and/or additional functions for a period in the future and is not able to use them for the aforementioned reasons or if they are made available in the basic version, QUIZDOM will offer other virtual items and/or additional functions for the game as substitution. If no suitable alternative offer is possible, crediting the credits back is possible as an alternative, as well. In this case, the participant has the right to terminate the contract with immediate effect. All other claims of the participant are excluded. <br><br> 7.3 The fee for credits acquired against payment is due and payable immediately. Due payments are usually debited from the bank account indicated by the participant or via credit card or made using a suitable payment system. <br><br> 7.4 QUIZDOM has the right to change the prices for credits or the required number of credits for virtual items and/or additional functions permanently or for a limited time, as well as to offer new products, services, or payment methods permanently or for a limited time. <br><br> 7.5 In the event of default, QUIZDOM has the right to demand default interest in the legal amount. In case of default, QUIZDOM furthermore has the right to discontinue the services and block the account of the participant with immediate effect. If the participant continues to default despite notice to pay or perform, QUIZDOM has the right to terminate the contract. <br><br> 7.6 In case QUIZDOM incurs return debits and/or cancelation fees due to the fault of the participant or to insufficient funds in the participant’s account for which he or she is responsible because of the subsequent return of a debit charge, the participant bears the resulting costs. If payment is made via debit or credit card charge and return debits occur, QUIZDOM charges an additional processing fee of EUR 9.00 per debit / credit card charge plus the cancelation fees incurred by QUIZDOM, unless the participant proves damage of a lesser extent. QUIZDOM has the right to demand these costs together with the original claims by debiting them from the account of the participant again. <br><br> 7.7 The participants may only offset undisputed and legally binding counterclaims against QUIZDOM. They may only exercise a right of retention if their counterclaim is based on the same contractual relationship. Transferring their claims against QUIZDOM to third parties is excluded. <br><br> 7.8 If a participant decides to play for money or money prizes and if these game formats are offered, he or she may set up an account for this on the QUIZDOM platform, where the participant can deposit or withdraw balances. Only the modes of payment of QUIZDOM’s partner for the payment settlement can be accepted. I this case the player account is managed by a trust bank and not by QUIZDOM. The player may use the balance as stake in prize games, which is then blocked by QUIZDOM for the duration of the game. QUIZDOM deposits the winnings to this trust account, deducting a fee for participating in the game or account plus administration fees if needed, respectively. The participant can see all movements in the form of statements of account at any time. The participant receives a monthly online invoice for the user fee if there is any (as of the end of the month). In order to guarantee the administration of the account, the participant agrees to leave a minimum balance of an equivalent of EUR 25.00 in the account at all times. In case there is a lower balance in the account, QUIZDOM will request the player to settle it. If the participant does not do so within 60 days of the request, QUIZDOM or trust bank will delete the account. <br><br> 7.9 If no other partner is named, QUIZDOM's internal store is operated by the following partner, who also carries out the payment collection: <br> Graucus Trade Ltd. <br> Unit 1411, 14th floor Cosco Tower <br> 183 Queen's Road Central <br> Sheung Wan <br> Hong Kong <br><br> The necessary data processing agreement is in place. </p> </div> <div class="sections"> <h4>Section 8 Games with winning opportunities</h4> <p> 8.1 The participant may be offered the opportunity to participate free of charge or in exchange for credits in special campaigns in which a winner is determined based on pre-defined criteria. Usually, the winner is the player with the highest score in the preset time frame. The details are announced accompanying the respective prize game on the web page of QUIZDOM, the respective app, or the game’s web page. <br><br> 8.2 For a game to be rated as won, the game has to be won according to the respective rules of the game. In addition, the connection to the game’s server has to be maintained throughout the entire course of the game. You can find more detailed information on the regulation in case games are terminated on the platform in the help section of the respective game. <br><br> 8.3 QUIZDOM reserves the right to subsequently correct and/or cancel scores if the game was won due to a technical fault, the fraudulent behavior of a participant, or under false pretense. QUIZDOM reserves the right to terminate the respective game early for technical, legal, or other reasons. If the early termination is caused by the behavior of a participant, QUIZDOM may demand this person to compensate for the damage incurred. <br><br> 8.4 Employees and their relatives of QUIZDOM and of all parent and subsidiary companies, cooperating partners and all parent and subsidiary companies / participations of the cooperating partners, as well as of the involved providers and service providers are excluded from participation. Also excluded are persons using unauthorized assistive devices or otherwise obtaining advantages through manipulation. Where applicable, winnings may also be subsequently disallowed and reclaimed in these cases. </p> </div> <div class="sections"> <h4>Section 9 Duration of contract / termination</h4> <p> 9.1 The contracts between the participant and QUIZDOM are concluded indefinitely, unless agreed otherwise. <br><br> 9.2 If no limited term has been agreed, both parties have the right to ordinary termination with a notice period of three days at any time. <br><br> 9.3 The parties’ right to extraordinary termination for good cause without notice remains unaffected by the previous provision. QUIZDOM has the right to extraordinary termination for good cause without notice in particular, but not limited to if: <ul> <li>despite warning notice, the participant repeatedly and negligently or willfully violates laws, these GTC, the rules of the game, and/or the terms of use for additional services;</li> <li>the participant defaults on the payment of the fees with an amount of at least EUR 10.00 and does not pay despite a warning notice;</li> <li>the participant has not used his or her account for three months despite a warning notice.</li> </ul> <br> 9.4 QUIZDOM moreover has the right to termination without notice for good cause if: <ul> <li>third parties (e.g. operators of social networks) providing the participant with an account through which he or she is granted access to the offers by QUIZDOM request QUIZDOM to delete user data and/or to carry out comparable measures;</li> <li>third parties (e.g. operators of social networks) providing the participant with an account through which he or she is granted access to the offers by QUIZDOM limit the access of QUIZDOM to data.</li> </ul> <br> 9.5 In case of serious violation, the extraordinary termination without notice in accordance with item 9.3 is possible without the need for a prior warning notice. A serious violation is a violation in case of which it cannot be expected that QUIZDOM continues to adhere to the contract. It usually cannot be expected that QUIZDOM continues to adhere to the contract in the following cases: <ul> <li>if the participant infracts criminal laws;</li> <li>if the participant uses a game in an inadmissible manner (see above section 6);</li> <li>if the participant violates the prohibition of multiple accounts (see above section 4, item 4.5);</li> <li>it the participant states incorrect data during registration (cf. above section 4) or during the payment of services with costs (cf. section 7).</li> </ul> <br> 9.6 In case QUIZDOM is responsible for the extraordinary termination without notice and if the participant still has credits in his or her customer account, all credits that were not acquired against payment expire without replacement upon termination of the contract. The conversion and payout in cash is excluded for credits not acquired against payment. Credits acquired against payment that are no longer usable due to an extraordinary notice of termination for which QUIZDOM is responsible are reimbursed to the participant, unless this was excluded from the beginning. Additional rights of the participant arise only due to intent and gross negligence on the part of QUIZDOM. <br><br> 9.7 QUIZDOM is entitled to a special right of termination regarding the accounts for individual games in case QUIZDOM loses the authorization to operate the respective game, e.g. due to the termination of the respective license agreement between QUIZDOM and the respective licensor. In this case, QUIZDOM may terminate all contracts in connection with the operation and use of the game (e.g. user agreement, agreement on the supply and use of virtual currency, virtual items, and/or of the additional functions) at the time the operation of the game is terminated. In this case QUIZDOM will notify the participant immediately of the non-availability of the game. Other rights of termination remain unaffected. Item 9.5 applies accordingly. <br><br> 9.8 Every termination has to take place in writing. The written form requirement according to section 126b BGB is fulfilled if the termination takes place on paper, via e-mail, or via computer fax. The reasons for the extraordinary notice of termination are to be given upon request immediately and in writing, unless they were already included in the letter of termination. An ordinary notice of termination does not require reasons for termination. </p> </div> <div class="sections"> <h4>Section 10 Intellectual property rights and copyrights</h4> <p> 10.1 The games and the contents of the respective web pages are the exclusive property and/or subject to the exclusive ownership of rights of QUIZDOM and/or the respective licensor. The unauthorized utilization, use, distribution, reproduction, or violation of the industrial property rights and copyrights of QUIZDOM in any other way will be prosecuted under civil and/or criminal law. <br><br> 10.2 All rights on the information provided by the participant remain with him or her. By providing information on the platforms of the games, the participant grants QUIZDOM a non-exclusive license free of charge that can be freely canceled at any time to make these contents on the platforms of the games publicly available to third parties worldwide. QUIZDOM has no further rights of use on the information provided by the participant. The license expires when the participant deletes the contents provided by him or her on the platforms of the games. </p> </div> <div class="sections"> <h4>Section 11 Data protection</h4> <p> 11.1 QUIZDOM expressly undertakes to protect the privacy of the participants. However, data of the participants are required for the use of the games and for executing and processing the user agreement as well as for monitoring the compliance with the rules of the games and the GTC. This includes personal data (first and last names, address, e-mail address, IP address) as well as data for the settlement of payments if necessary (where required and/or applicable: direct debit: account holder, account number, IBAN, BIC, bank / payment by credit card: card holder, card company, card number, expiration date, mobile phone number, etc.). Providing the data is voluntary. The data are collected and processed by QUIZDOM in connection with the registration, stored in a database, and used for the realization of the contract. <br><br> 11.2 Data are only passed on to third parties if the participant has expressly agreed to this beforehand. The participant may withdraw this consent again within a period of 14 days. QUIZDOM explicitly informs the participant once more of the consequences of an omitted cancelation prior to the begin of this period. Data is passed on to external service providers contracted to collect the fee to the extent that it is necessary to determine the fee and to invoice the participants. QUIZDOM informs the participant of this beforehand and gives him or her the opportunity to object to the information being passed on. Upon request, QUIZDOM will inform the participant at any time about all his or her stored data. <br><br> 11.3 QUIZDOM will treat all data in accordance with the applicable data protection law. QUIZDOM will comply with the high security standards of the Telemedia Act (Telemediengesetz, TMG) of the Federal Republic of Germany as well as of the Federal Data Protection Act and all other applicable data protection regulations during all measures. <br><br> 11.4 If the participant provided QUIZDOM with his or her e-mail address in the context of the existing customer relationship, he or she may receive e-mails with information about QUIZDOM or about such services as are like those he or she has already made use of at QUIZDOM. This applies particularly to cooperation partners of QUIZDOM for which special games were created (branded games/branded apps). The participant my withdraw his or her consent to this in writing (e.g. via e-mail) at any time without incurring any costs. The participant is offered the option to reject the receipt of further information and to send a corresponding cancelation with every information and newsletter by QUIZDOM. Please refer to our data protection regulations/privacy statement in the current version for further details. </p> </div> <div class="sections"> <h4>Section 12 Responsibility for content of third parties</h4> <p> 12.1 QUIZDOM provides a platform for the communication between the participants through which they can communicate with each other. The participants are responsible themselves for the content of this communication as well as all other content they publish on the web page. For QUIZDOM, these contents are third-party content as defined by section 8 para. 1 TMG reflecting exclusively the personal opinion of the respective participant. QUIZDOM does neither adopt nor agree with this content. The same applies to content violating the rights of third parties in any way. Violations may result in the immediate deletion and/or blocking of the contents and/or of the account of the participant and in the termination of the contract. To the extent that links to other pages operated by third parties are provided on the platform, QUIZDOM is not responsible for the content of the linked pages. QUIZDOM does not control these pages and expressly distances itself from their contents. <br><br> 12.2 There moreover exists the option for participants to create content for games, such as questions for the games. If participants upload to or provide this content in or through the services of QUIZDOM, they grant QUIZDOM at the same time the right to use, host, store, reproduce, change, create derived works from, communicate, publish, publicly perform, publicly present, and distribute this content worldwide. Details are regulated separately. </p> </div> <div class="sections"> <h4>Section 13 Features/defects</h4> <p> 13.1 QUIZDOM grants the participants access to the games in the version available at the time. The participants are not entitled to the continuity or initiation of certain conditions/scope of functions of the games and/or of the additional services. The participants are aware that the games and the additional services – like any software – can never be completely without defects. For this reason, games as well as the additional services are only considered defective if their playability and/or use are seriously and lastingly interrupted. <br><br> 13.2 The participants have to report any defects in the games or other services or deliveries by QUIZDOM with as much detail as possible at all times. Before reporting any malfunctions, the participants have to consult the game and/or service manuals and any other types of assistance for solving the problem (in particular lists with frequently asked questions, discussion forums on problems) made available by QUIZDOM. The participants are obligated to make every effort to support QUIZDOM in the possible removal of defects. <br><br> 13.3 The participants have to report defects immediately and in writing in accordance with section 126b BGB, indicating the information suitable to remove the defects. We recommend addressing any notices of defects in writing in accordance with section 126b BGB to QUIZDOM as preservation of evidence. <br><br> 13.4 Defects caused by external influences, force majeure, or changes or other manipulations not carried out by QUIZDOM are on principle excluded from the warranty. <br><br> 13.5 QUIZDOM does not assume warranties in the legal sense. </p> </div> <div class="sections"> <h4>Section 14 Liability</h4> <p> 14.1 To the extent that QUIZDOM provides services free of charge, QUIZDOM is not liable except for damage due to gross negligence or intent. <br><br> 14.2 To the extent that QUIZDOM requires payment for services, QUIZDOM is fully liable in case of intent and gross negligence. In case of slight negligence, QUIZDOM is only liable in the case of violation of essential contractual obligations or of a warranty. Essential contractual obligations, including essential contractual obligations within the meaning of precedent case law, are obligations that make the proper realization of the contract possible at all and that the participant may trust to be fulfilled. <br><br> 14.3 The abovementioned limitations of liability in accordance with sections 14.1 and 14.2 do not apply to the liability in case of injury to life, body, and health or in case of assumption of a liability by QUIZDOM. The liability of QUIZDOM in accordance with the German Product Liability Act as well as in the scope of application of section 44a of the German Telecommunications Law (TKG) remains unaffected. <br><br> 14.4 The liability for damages is limited in each case to the foreseeable damage in case of a violation of essential contractual obligations. <br><br> 14.5 The abovementioned exclusions and/or limitations of liability also apply with regard to the liability of the staff, employees, associates, representatives, and vicarious agents of QUIZDOM, particularly for the benefit of the shareholders, employees, representatives, and bodies and their members, concerning their personal liability. <br><br> 14.6 QUIZDOM is only liable for consultation to the extent that the question concerns the games of QUIZDOM. <br><br> 14.7 The abovementioned provisions are not connected to a change in the burden of proof to the disadvantage of the participant. </p> </div> <div class="sections"> <h4>Section 15 Obligations concerning conduct and duties of the participants</h4> <p> 15.1 The main obligation to perform of the participant is the payment of credits acquired against payment as well as any fees accruing for the keeping of an optional cash account and the participation in games that are subject to a fee. Another main obligation to perform of the participant is the obligation to provide correct and complete data which QUIZDOM requests from the participant at the time of conclusion of the contract or throughout the contractual relationship. The participant therefore confirms that the information he or she provided on his or her person and other circumstances relevant to the contract (in particular the bank account and credit card number) within the context of the offer or the conclusion of the contract or throughout the contractual relationship are complete and correct. <br><br> 15.2 The participants are aware that they play together with numerous other participants and/or communicate with various participants through the additional services in the games. The rules of the game must be observed in order to allow for a fun playing experience. The participants accept the rules of the games and the conditions of participation in the games as binding. The participants will comply with the instructions by QUIZDOM, if applicable represented by the game administration. The participants will in other respects also refrain from doing anything that disrupts the operation of the games and the additional services as well as the fun playing experience. The participant is in particular obligated to not introduce content into the games that is against the law or violating public policy and/or to transmit such content. This includes in particular content that incites racial hatred, glorifies violence, is suited to put children and juveniles in serious moral danger or impair their wellbeing, and that could damage the reputation of QUIZDOM. The participant also must not point to offers with such content. <br><br> 15.3 In case the participant violates section 15.2, QUIZDOM has the right to delete the information added by the participant. QUIZDOM has in particular the right to delete information that has been added if definite clues for a violation of these GTC, the rules of the game, or the conditions of participation exist or if the information added is otherwise against the law. <br><br> 15.4 In case the participant violates section 15.2, QUIZDOM has the right to temporarily block the participant’s access to his or her account after prior warning notice and threat of blocking. A warning notice and threat of blocking are dispensable if special circumstances exist which justify the immediate blocking to the access taking into consideration the interests of both parties. QUIZDOM will inform the participant about the reason for the blocking. The same applies in the case of the misuse of a credit card, the use of incorrect credit card information, as well as the indication of incorrect data in case of participation in direct debit. The blocking of access includes the permission for QUIZDOM to immediately delete all content and information of the participant from the database and the web pages. After removal of the reasons for the blocking, QUIZDOM can reverse the blocking, granting the participant access to his or her account once more. <br><br> 15.5 There is no entitlement to the restoration of deleted information. <br><br> 15.6 The participants undertake to keep the access date (login data, password, etc.) for the games they received in strict confidentiality and to not disclose this data to third parties, unless QUIZDOM has agreed to the transfer of the account in writing beforehand. The participants are obligated to not use the account, the login name, or the password of another participant without authorization under any circumstances. If a third party uses an account after having acquired the access data because the participant had not secured it sufficiently from outside access, the participant has to accept being treated as if he or she had acted himself or herself. The participants are obligated to keep all access data and passwords for the games in strict confidentiality and to not disclose this data to third parties, unless QUIZDOM has agreed to the transfer of the account in writing beforehand. In case a third party obtains access to the data, whether intentionally or unintentionally, the participant is responsible for the consequences and agrees to compensate QUIZDOM for any damage or losses. The participants agree to not use the account, the access data, or the passwords of another participant without authorization under any circumstances. <br><br> 15.7 The participants are obligated to inform QUIZDOM immediately, as soon as they become aware of it, that unauthorized third parties have knowledge of their access data. QUIZDOM points out that for security reasons passwords should be changed regularly. QUIZDOM does not assume any responsibility for losses incurred by the participant if an unauthorized person obtains access to the account of the participant and uses it (with deceitful intent or otherwise). <br><br> 15.8 In case of reasonable suspicion that access data has become known to unauthorized third parties, QUIZDOM for security reasons has the right, but is not obligated to change the access data without prior notice at its own discretion and/or block the use of the account. In this process, QUIZDOM will inform the authorized participant without delay and transmit the new access data upon request and within a reasonable time. The participant has no right to a restoration of the original access data. <br><br> 15.9 QUIZDOM secures its systems against attack by malicious software. Nevertheless, an attack can never be excluded completely. It may moreover happen that unauthorized third parties send out e-mails using the name of QUIZDOM but without the permission of QUIZDOM, which contain for example viruses or spyware or that link to web content containing viruses or spyware. QUIZDOM has no influence on this. The participants should therefore check all incoming e-mails sent under the name of QUIZDOM for infection. This also applies to e-mails from other participants. <br><br> 15.10 QUIZDOM is not responsible for damage or data losses that may occur due to the installation on terminal devices (computers, smartphones, tablets, etc.) of the participant of software that does not originate with QUIZDOM. <br><br> 15.11 Unless otherwise determined through these GTC or another agreement with the participant, QUIZDOM will usually communicate with the participants via e-mail or chat. The participants therefore have to make sure that they can receive e-mails that could be sent by QUIZDOM to the participants to the address indicated to QUIZDOM at the time of registration or at a later time. The participants will ensure this via the corresponding settings of the spam filter and will regularly check this e-mail address. Apart from this, QUIZDOM reserves the right to select a different type of correspondence. </p> </div> <div class="sections"> <h4>Section 16 Changes of the GTC</h4> <p> 16.1 QUIZDOM reserves the right to change or extend these General Terms and Conditions at any time and with effect for the future, in case this seems necessary and does not disadvantage the participant in bad faith. A change may in particular be necessary in order to adapt to a change in the legal situation or to reflect changes of the scope of services regarding the games and/or additional services. Newly issued court orders also constitute a change in the legal situation. <br><br> 16.2 A change or amendment will be announced at least two weeks prior to coming into force in an appropriate manner in writing. Usually, the notice regarding changes of the GTC takes place by notification via e-mail or on the web page of the games, in any case however at the time the participant next logs into a game. <br><br> 16.3 The participant has the right to protest against a change or amendment towards QUIZDOM within one month of publication and opportunity to take note. QUIZDOM will separately indicate to the participants the possibility of protest and termination, the period and the legal consequences, particularly with regard to an omitted protest, as part of the information on the changes of the GTC. In case of a timely protest, both parties have the right to terminate the contract with a notice period of one month. Other rights of termination remain unaffected by this. User fees paid by the participant beyond the time of termination will in this case be reimbursed proportionally. All other claims of the participant are excluded. If the participant does not protest within the opposition period or continues to use the services afterwards, the changes or amendments are considered accepted and become contractual elements. </p> </div> <div class="sections"> <h4>Section 17 Final provisions</h4> <p> 17.1 If a party delays, waives, or refrains from enforcing its rights in the context of these GTC, or if it grants terms to the other party, this does not adversely affect the continuance of the respective right. <br><br> 17.2 The law of Germany applies exclusively to all contracts concluded on the basis of these GTC and all claims in connection therewith, excluding the provisions of the Convention on Contracts for the International Sale of Goods. <br><br> 17.3 Should any of the provisions of these General Terms and Conditions be or become invalid, all other provisions remain unaffected. <br><br> 17.4 Changes or amendments to this user agreement as well as additional agreements must be made in writing. This also applies to changes to this written form clause. </p> </div> </div> </body> </html>

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General Terms & Conditions - QUIZDOM