GENERAL TERMS & CONDITIONS AND GENERAL TERMS OF USE
Thank you for getting “grattle”, our serious game regarding renewable energy power plants (shortly the “Game”) that was developed by Zeppelin Studio OG (Austria) and is based on a board game created by Donau University Krems (Austria)! We would also like to give our special thanks to Wirtschaft Burgenland GmbH (Austria) and Austria Wirtschaftsservice GmbH (Austria) for funding the Game!
While we certainly hope that you enjoy the Game, we need, however, also get our legal things right. Therefore, we require you to accept these GENERAL TERMS & CONDITIONS AND GENERAL TERMS OF USE (shortly “GT”) that govern your contractual relationship with us pertaining to the Game.
Since the GT are a legal contract between you and us, please have one of your parents or your legal guardian read through and accept the GT together with you if you are not yet of full age in your country (e.g., in Austria you are of full age if you are older than eighteen years).
- Your Contractual Partner
For the purposes of these GT, “we” and “us” refers to the following entity that is your contractual partner depending on the country you live in:
If you live in Poland:
Open-Net S.A
ul.Bednorza 1
PL-40-384 Katowice
Poland
Company Register Number: 0000073227
Company Register Court: [please amend]
VAT Number: [please amend]
Email: [please amend]
Phone Number: [please amend]
(shortly “Open-Net”)
If you live elsewhere in the world, except for Poland:
greenpilot GmbH
Am Graben 2
7000 Eisenstadt
Austria
Company Register Number: 364216m
Company Register Court: Provincial Court Eisenstadt
VAT Number: ATU 66503713
Email: @greenpilot.at
Phone Number: [please insert office phone number, I could not find any, e.g. on herold.at]
(shortly “Greenpilot”)
- Intellectual Property and Your License
2.1 Greenpilot reserves all intellectual property rights and title in the Game and all content embedded into the Game. All such content (for example graphics, music, sounds, logos, trademarks and tradenames) is the exclusive property of Greenpilot or Greenpilot’s respective licensors.
2.2 You may, however, naturally install and play the Game on your device and thus we grant you a non-exclusive perpetual and worldwide license to do so. You may install and use one Game installation per device. If you would like to play the Game on any further devices, you must download the Game again from the pertinent app store(s) onto such further devices.
2.3 Insofar any content in the Game links to external third-party material (for example, the Game may include hyperlinks to third-party owned videos hosted on YouTube or other video-platforms), you acknowledge that such third-party material is not licensed to you in any way and that such third-party material may cease to exist (for example, the third-party owner of a video hosted on YouTube or any other video-platform may delete such video without prior notification). Whilst we will do our best to replace such “broken” links to external third-party material, we are not obliged to do so in any way.
- In App Purchases
3.1 The Game may feature so-called “In App Purchases” so that you can purchase Game content (for example virtual items that you can use in the Game) within the Game.
3.2 You acknowledge and agree that such In App Purchases are offered for real money and not for a virtual currency. You will be informed about the applicable purchase price and prompted for your approval of any such In App Purchase(s) before you actually make the respective purchase(s) and before you are charged with the corresponding purchasing price.
- No Withdrawal-Right
4.1 Please be informed that the Game and any In App Purchases are pieces of software that are offered via download(s) only. Consequently, these pieces of software do not come in a sealed packaging and are a service rendered for you.
4.2 Therefore, the withdrawal right granted to consumers as laid down in Directive 2011/83/EU on consumer rights does not apply to you, particularly in light of Article 16 lit (a) and lit (i) of that Directive.
4.3 Consequently, we hereby inform you that you do not have the right to withdraw from the contract regarding the download of the Game and/or any In App Purchase contracts.
4.4 Your statutory warranty rights (that, for Austria, are laid down in sections 922 to 933b of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch) remain unaffected by this item 4. of these GT.
- Limitation of Liability
5.1 Our liability for any damages caused by our slight negligence is excluded. However, this exclusion of liability for slight negligence does not apply to any personal injury, bodily harm and/or death. Furthermore, we remain fully liable for any damages caused by our gross negligence and/or our willful intent.
5.2 However, we cannot and do not take any responsibility and thus cannot and do not assume any liability for the existence of any third-party material as described in item 2.3 of these GT, above, and/or for any circumstance that is beyond our control. This particularly also applies to any damages and/or losses of data caused by any incompatibility between your device, your device’s operating system and/or your device’s software-drivers on the one hand and the Game on the other hand.
- Warranty
6.1 As a consumer, you have statutory warranty rights. For Austria, your statutory warranty rights are laid down in sections 922 to 933b of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch). Nothing in these GT shall exclude or limit your statutory warranty rights.
6.2 We did our best to keep the Game free from errors, respectively so-called “software-bugs”, and will do our best to remedy any reproducible software-errors and/or software bugs by providing you with so-called “patches” and/or updates of the Game via the relevant app store(s). Therefore, please make sure that you download all applicable “patches” and/or updates as they may remedy any software-error/”software-bugs” that you might experience.
- Privacy
7.1 We value your right to your privacy. Hence, we may only use your personal data that you provide us with for the following purposes:
7.1.1 We may collect your personal data, such as your IP address and Internet-bandwidth used by the Game, via the Game itself. When we do so, we take care that your personal data is anonymized before it is provided to us and we will only use such data for analyzing and improving the Game as well as the In App Purchases. For example, we may use such anonymized data for analyzing the popularity of specific In App Purchases or specific in-game third-party advertising and for using the results of such analysis for providing you with better-targeted In App Purchases and/or in-game advertising.
7.1.2 You acknowledge and agree that the Game may contain and/or feature in-game advertisings of third parties and/or in-game advertisings advertising third party products and/or services. Such advertisings will be shown in the Game itself.
7.1.3 Insofar you provide us with your email address and you explicitly agreed to receive third-party advertisements upon our collection of your email address, you may receive such advertisements directly from the following third parties regarding their own products and/or services:
[please provide the full details (full names and addresses) of any possible third-party advertisers, thanks! or simply insert “Currently: none” if no third party advertisiers are yet known]
- Changes of these GT
8.1 We may change these GT at any time in our sole discretion. If we do so, we will inform you accordingly, for example by email or within the Game itself such as by way of a pop-up screen.
8.2 In any case, such changed GT will be applicable to your use of the Game if you download it again, be it onto your current device (where the Game was already installed) or any further device. Therefore, please make sure that you read and accept the GT every time you download the Game.
8.3 Furthermore, any changes to the GT will also apply to our existing contractual relationship and thus to your use of any already installed version(s) of the Game, provided that you do not object to the changed GT in writing (such as by email to [please insert applicable email-address, such as @greenpilot.at or Open-Net’s respective email address; in this regard, I recommend creating specific email addresses for this purpose, such as objection-to-changed-gt@greenpilot.at]) within six weeks calculated upon your receipt of the information about any changed GT as described in item 8.1 of these GT, above.
- Miscellaneous
9.1 In case any provision of these GT is or becomes illegal, invalid or unenforceable, or if these GT are incomplete, the remainder of these GT shall continue in full force and effect and you and we shall be deemed to have replaced any illegal, invalid or unenforceable provision or any incompleteness of these GT by such legal, valid and enforceable provision which comes as close as possible to the economic intent of these GT.
9.2 Any deviating general terms and conditions shall not apply, unless you and we have agreed otherwise in writing. All changes and/or amendments to these GT must be in writing.
- Governing Law
10.1 These GT shall be governed and construed in accordance with the laws of Austria with the exception of the United Nations Convention on the International Sale of Goods (CISG) and the Austrian rules on the conflict of laws. Place of venue is Eisenstadt/Katowice. Mandatory statutory provisions regarding exclusive places of venue remain unaffected.
11 Questions
11.1 Should you have any questions regarding these GT, please contact your contractual partner as defined in item 1. of these GT, above.