- This License Agreement is covering the Soft Launch of the Services concerning the game „My Love: Make Your Choice!“. It is agreed, that the content and software products and services are still in an experimentation phase – as in the industry usually referred to open beta phase – (Soft Launch) and that in this phase usual alterations can be made and bugs can appear. But you are intentionally participating in this journey of developing this experience further during Soft Launch. You agree to accept in limited amount of cases radical alterations of gameplay, storylines and business models etc. You accept, that in this Soft Launch phase all legal documentation – including these TOU – will be available in the English language only.
- Experimental Game Services are intended exclusively for consumers. Any form of commercial use of the Software and of an Experimental Game account is prohibited. It is also prohibited to buy, apply, use and sell bots or software to detect and manipulate results within the game. You are not allowed to manipulate the online game. In particular, the you are not entitled to use measures, mechanisms or software that could interfere with the function and the course of the game. You may not take any measures that could result in an unreasonable or excessive load on the technical capacities. You are not permitted to block, overwrite or modify content generated by Experimental Game or to interfere in any other way with the online game. In addition, the you are prohibited from accessing the online game with programs other than the Internet browser or the client program provided. This applies in particular to so-called bots and other tools intended to replace or supplement the web interface.
- When creating an Experimental Game account and using the Experimental Game services, we collect, store and process personal data. We respect the European Law and more specifically the GDPR. The data processing takes place exclusively on the basis of the consents given by you as well as on the basis of legal permission norms. The content of the declarations of consent and comprehensive information on the type, scope and purpose of data processing in connection with the Experimental Game services can be found in our data protection guideline gamebook.io/studio/mylove/privacy-policy.
For some Experimental Game services, additional game or usage rules (“Additional Rules”) may apply in order to set specific requirements for the respective service. Such rules will be communicated to the you separately prior to the use of the respective service and must be observed. There is no right to registration and activation. Only individual natural persons will be admitted. Registration must be done personally. Registration by third parties is not permitted. Minors are only allowed to use the Experimental Game services if their legal representatives have given their consent and the minor you has reached the minimum age specified in the respective age rating.
- When registering, the you must provide certain data, e.g. a player name and an e-mail address registered to him. You are not entitled to the allocation of a specific player name. The player name must not infringe the rights of third parties, violate legal regulations or morality. In addition, no e-mail or Internet address may be chosen as the your Name. Since usage data such as game statistics and internal chat communication can also be viewed by other users via the player name, we also recommend that you choose a player name that does not allow any direct inference about yourself. When registering, you must only provide true and complete information. You are obliged to keep the data provided during registration up to date at all times. As far as it is necessary for the execution of the usage contract, Experimental Game is entitled to demand a suitable proof of identity from the you, which will be deleted immediately after veriication.
Experimental Game can make the activation of the Experimental Game account dependent on the you validating his e-mail address (double opt-in procedure). For this purpose, Experimental Game can ask the you to validate his e-mail address in the e-mail confirming receipt of the offer. The Experimental Game account will not be activated until validitation of the email address. Experimental Game also offers registration by means of the so-called “Single Sign-On”, whereby the you simply logs in with his existing you account on a third-party portal (e.g. Facebook). In this way, the third-party platform provider transfers a series of data from the existing you account to us, which we use to register the Experimental Game account. In this case, the validation of the you takes place via the third-party platform provider and the Experimental Game account is usually activated immediately. With the successful registration you create an Experimental Game account, which you can manage yourself. The transfer of your account or the transfer to third parties without the consent of Experimental Game is prohibited.
- You are obliged to keep the user’s personal access data (you name and password), which are used to authenticate the you and prevent unauthorised third parties from using them (Log In Data). Log InData is strictly confidential. In particular, you are obliged to use your log-in data exclusively within the Experimental Game services and to protect them from unauthorized access by third parties. The password should not be the same as the your name and should contain at least an eight-digit combination of numbers and letters. In the event that the you has reason to suspect that third parties have obtained or may have obtained his log-in data or parts thereof without authorization, he must immediately inform Experimental Game and change his log-in data or have it changed by Experimental Game. Experimental Game also has the right to block the user’s access temporarily or permanently in this case or in the event that Experimental Game has evidence of misuse of the data. The you must be allowed to use the game again as soon as the suspicion of misuse of the data has been cleared. The you is not entitled to use the log-in data of another you, unless the rules of a certain Experimental Game service provide for exceptions (e.g. holiday replacements).
- The Experimental Game Services contain various types of content. The term “Content” includes, for example, all data, images, text, graphics, music, sounds, audio sequences, videos, programs, software codes and other information provided by or integrated into Experimental Game as part of the Experimental Game Services. The term “Content” includes in particular all virtual goods optionally made available within the framework of the Experimental Game Services.
Content elements are protected by trademark, copyright and other laws in favor of Experimental Game or third parties. Unless expressly permitted by Experimental Game (e.g. in separate End User License Terms, “EULA”), you are not entitled to edit, reproduce, distribute, publicly perform, advertise, or use the Experimental Game Services or any Content provided through them for any purpose other than that contractually agreed. Only the technically conditioned duplication for purposes of the intended use of the Experimental Game services is permitted. Further distribution is only permitted within the narrow limits set by jurisdiction for the exhaustion of the copyright to software. Copyright notices and brand names may not be changed, suppressed or removed.
- Experimental Game offers the you different communication possibilities to publish own contents and contributions within the Experimental Game services or to communicate directly with other users. In this respect, Experimental Game alone provides the technical possibilities for the exchange of information. There is no claim to the provision of such communication possibilities. There you are prohibited from publishing or disseminating content (e.g. images, videos, links, names, texts, communication) within the framework of the Experimental Game Services that violates applicable law or are immoral; infringes trademarks, patents, copyrights, other proprietary rights, trade secrets or other rights of third parties; is obscene, racist, glorifying violence, pornographic, harmful to minors or otherwise endangers or impairs the development of children and young people; is of an insulting, harassing, libellous or otherwise personality-infringing nature; contais chain letters or snowball systems; falsely gives the impression of being provided or supported by Experimental Game; provides personal data of third parties without their express consent; has commercial, in particular advertising character; has a political, religious or sexual connection. For any communication within the Experimental Game Services, anappropriate choice of words must be made.
If you believe that User Generated Content from other users violates your rights or the rights of third parties, you may notify our support about this by contacting. Experimental Game points out that at most a random, but not complete active monitoring of the uploaded contents will be carried out. In addition, every you has the possibility to report suspected illegal content to Experimental Game. Experimental Game will then react immediately and, if necessary, edit or delete reported content.
- Under no circumstances you may use cheats, mods, hacks and/or software that alter the gameplay of online games; or software that enables “data mining” or otherwise intercepts or collects information related to the online games, or buy, sell, exchange virtual goods or virtual currency from the Experimental Game Services against real means of payment from third parties or attempt to do so, unless this is permitted in individual cases by Experimental Game. You are not permitted to use private servers, i.e. servers of the you or a third party, which enable, establish or maintain unauthorized connections to Experimental Game services, in particular by means of programs whose use was not expressly approved by Experimental Game, or which emulate or attempt to emulate one of the Experimental Game services.
- For some Experimental Game services you have the possibility to purchase virtual currency for a fee, which you can use within the game to unlock certain functions, services or upgrades (e.g.: in the form of virtual goods (“in-game items”), boosts and features (hereinafter “virtual goods”) within the game. The virtual currency can have different names in the various online games and is purchased via a website set up for this purpose. For example, in the game My Love: Make Your Choice! the virtual currency is called “Diamonds”.
To purchase virtual currency, you must log in to this website via your Experimental Game account. A contract for the provision of virtual currency by Experimental Game is concluded when you select the amount of virtual currency and wish to purchase and send this order via the “Buy now” button. Experimental Game credits you with the corresponding amount of virtual currency on your Experimental Game account after payment has been made, as long as the you activate the checkbox that the ordered digital content that should already begin during the revocation period. Otherwise, the credit note will be issued after expiry of the fourteen-day revocation period. Payment of the purchase price for the virtual currency is made via payment service providers integrated by Experimental Game, which provide the you with various methods of payment (“payment methods”), about which the you is informed on the website for the purchase of virtual currency. The you can then choose the payment method he prefers. You acknowledge that a contract is regularly concluded with the selected payment service provider regarding the execution of the transaction in accordance with the provisions of the relevant payment service provider.
- In the event of the purchase of virtual currency, you are entitled to a statutory right of withdrawl in accordance with the following provisions:
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us (Experimental Game GmbH, Hauptstraße 27, 10827 Berlin, firstname.lastname@example.org) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period. If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
The right of withdrawal expires in the case of a contract for the delivery of digital content not on a physical data carrier even if we have begun to execute the contract after you have expressly agreed that we begin to execute the contract before the expiry of the withdrawal period, and have confirmed your knowledge that you lose your right of withdrawal through your consent with the start of execution of the contract.
- With the crediting of the virtual currency, you acquire a non-exclusive, non-transferable right, limited in time to the term of the contract, to activate the virtual goods offered by Experimental Game in the respective online game at the time and described in more detail there, provided that the virtual currency credited to the Experimental Game account is sufficient for this purpose. The virtual currency booked to the Experimental Game Account shall be reduced by the amount corresponding to the equivalent value stated for the virtual good.
- Unless expressly stated otherwise during registration, the you contract is concluded for an indefinite period of time.The contract can be terminated by the you at any time without notice. Experimental Game has the right to terminate the contract with a reasonable period of at least 4 weeks. Furthermore, Experimental Game has the right to terminate your contract if Experimental Game discontinues the operation of the Experimental Game services altogether. Experimental Game has the right to terminate the License Agreement with respect to individual Experimental Game Services if Experimental Game ceases to offer such Experimental Game Services in their entirety. In the aforementioned cases, the customer must be informed in advance of the discontinuation of the respective Experimental Game services within a reasonable period of time.
If a limited term has been agreed with regard to an Experimental Game Service, the your contract can only be properly terminated at the end of the term by observing a notice period of four weeks before the last day of the current term. If the contract is not terminated in due time, the respective fixed-term contract is automatically extended by the original term but by a maximum of one year.
- Each party has the right to terminate the contract for good cause without notice. An important reason is present on the part of Experimental Game in particular, if
– the you falls into arrears with the payment of contractually owed fees and does not pay despite reminder or the you unauthorized uses paid Experimental Game services, unless he is not responsible for the violation himself.
Termination must be in text form (email sufficient) or via a termination function implemented within the Experimental Game Account or within an Experimental Game Service. Unless a specific term has been agreed, Experimental Game is entitled to terminate the you contract in the event of uninterrupted inactivity of an Experimental Game account for more than six months and to delete the Experimental Game account. Experimental Game will inform the you in advance about a deletion of the Experimental Game account via the email address registered with the Experimental Game account.
After a termination of the complete usage contract becomes effective, Experimental Game will delete the respective Experimental Game account. If Experimental Game has declared the extraordinary termination of the you contract for a reason for which the you is not responsible or has permanently suspended the operation of the respective Experimental Game services before a termination becomes effective, the you is entitled to demand payment of the equivalent of the virtual currency still credited to the you account. The termination of the you contract or of a part of the you contract related to a specific Experimental Game Service automatically results in the termination of all EULA for the Experimental Game Services affected by the termination. The you is no longer authorized to use the respective Experimental Game Services once the termination becomes effective.
- Experimental Game is liable in accordance with the statutory provisions for damages caused by intentional or grossly negligent conduct of Experimental Game or its vicarious agents and regardless of the degree of culpability for damages due to a culpable injury to life, limb and health. Otherwise, Experimental Game’s liability for damages shall be limited in accordance with the following provisions, unless a guarantee expressly assumed by Experimental Game provides otherwise:
Experimental Game is only liable for damages caused by simple negligence if they are based on the violation of essential contractual obligations (cardinal obligations). Cardinal obligations are such contractual obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the you could rely. As far as Experimental Game is liable for simple negligence, the liability of Experimental Game is limited to the typically foreseeable damage. The provisions of the above paragraphs shall also apply mutatis mutandis to a limitation of the obligation to compensate for futile expenses (§ 284 BGB). The above limitations of liability also apply in favour of vicarious agents of Experimental Game. Experimental Game is not liable for any costs incurred by the you through the use of services that are expressly not offered by Experimental Game itself. This applies in particular to costs due to data transfer to or from the user’s terminal device as well as to any costs incurred by the you for the use of payment systems. Any liability independent of fault is excluded for malfunctions of the experimental game services existing at the beginning of the provision of services. This means that Experimental Game is only liable to the extent that Experimental Game or its vicarious agents are responsible for this. Liability under the Product Liability Act shall remain unaffected by the above provisions.
- The applicable law of the Federal Republic of Germany is to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the reference provisions of international private law. If the you as a consumer has his usual place of residence in another country within the European Union at the time of the conclusion of the respective contract (registration or purchase of chargeable services), the application of those consumer-protecting legal provisions of that country, from which the law of that country may not be deviated, shall remain unaffected by the above choice of law agreement. The cours of Berlin are competent.
Experimental Game GmbH
Main road 27