Nutzungsbedingungen
Letzter Stand: Dezember, 2020
These Terms of Service (“Terms”) govern your access to and use of the services, including the websites and mobile applications (collectively, the “Service”) provided by Quest ( “Quest” or “our” or “us” or “we”), and any content, information, or other material (collectively, “User Content”) that you post to the Service. Please read these Terms and our Privacy Policy carefully. If you do not agree to any of these Terms, please do not use the Service.
1. ACCESS AND USE OF THE PLATFORM
The Service enables its users (“Users” or “you”) to play games, be presented in highscores rankings and list of winners and share User Content including comments and other media. Users can share the User Content they create using features of the Service. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof.
Quest application is available free of charge and there are no payments related to the use of the service.
Your access to and use of the Service is conditioned on your acceptance of these Terms. When you access or use the Service, you represent and warrant that you have read and understood these Terms and our Privacy Policy, and acknowledge that they are a binding legal agreement between you and Quest. These Terms govern your non-commercial use of the Service, because the Terms expressly prohibit commercial use. If you want to inquire about commercial use of the Service, please contact us at hello@creativegames.app.
We reserve the right to modify, suspend, or terminate the Service or your access to the Service at any time, for any reason, and without notice or liability to you. We reserve the right to refuse access to the Service to anyone for any reason at anytime. We shall not be liable to you or any third party should we exercise such right, in whole or in part.
You understand and acknowledge that the Service is provided “AS IS.” We assume no responsibility for the creation, delivery, or deletion of User Content, or for the failure to store any User Content or settings on the Service. You understand and acknowledge that temporary interruptions of the Service may occur. You also understand and acknowledge that we have no control over third party services accessible through our Service and therefore, we cannot control disruptions on, interactions with, or the performance of these other services.
We may also in the future offer new services and/or features through the Platform (including the release of new tools and resources). Any new features or tools which are added to the Platform shall also be subject to these Terms of Service.
You must accept these Terms before accessing the Platform. By accessing the Platform you agree to be bound by, and are deemed to be a party to, these Terms. If you do not agree to these Terms or are not an Eligible Player (as defined below), you must not access the Platform.
These Terms include any additional terms and conditions and policies (including our Privacy Policy and the Official Rules for each game) that can be viewed by you on or through the Platform, incorporated herein by reference.
We reserve the right to make changes to these Terms at any time, effective upon the posting of modified terms on the Platform. It is your responsibility to check the Terms periodically for changes. Your continued access of the Platform following the posting of any changes constitutes you agreeing to be bound by, and to be a party to, the modified terms.
By agreeing to these Terms, you represent that:
a) you are at least the age of majority in your country, state and/or province of residence; or
b) if you are not the age of majority in your country, state and/or province of residence or are otherwise under the age of 13 (a Minor), your parent or guardian has given express consent to Quests to allow you to access the Platform and play the Game; and
c) the laws and regulations of your country, state or province of residence do not prohibit you from accessing the Platform and/or playing the Game, (Eligible Player). You may not access the Platform unless you are an Eligible Player.
It is your sole responsibility to determine your eligibility to access the Platform, play the Game and/or claim a prize via the Game. You acknowledge and agree that Quests shall not be liable in respect of, and you shall hold Quests harmless against, any loss, cost, liability, damage or claim (of any kind whatsoever) in connection with your access to or use of the Platform and/or the Game (including any attempt to claim a prize) where you (or the Minor you have provided authorization in respect of) do not meet the eligibility requirements in these Terms.
2. RESTRICTIONS ON ACCESS AND USE
We reserve the right to refuse access to the Platform and/or the Game to anyone for any reason at any time.
All right, title, and interest in and to the Service are and will remain the exclusive property of Quest. The Service is protected by copyright, trademark, and other applicable laws of Germany as well as foreign countries. Quest reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
3. ACCESSING AND PLAYING THE GAME
The rules for playing a Game are set out in the Official Rules for the relevant Game, and otherwise shall be as specified in these Terms of Service. Any Game must be played strictly in accordance with, and shall be subject to, the relevant Official Rules.
The Game may provide Eligible Prize Winners (as defined below) with the opportunity to win cash prizes. Such opportunities shall be detailed in the Official Rules and specific rules of each Game, which you should read carefull (e.g. how the price is split etc.).
You acknowledge and agree that the availability of prizes within the Game is at the complete discretion of Quest. You should not play the Game in reliance on winning a cash prize.
You will not be eligible to receive any prize in the Game:
Quest shall make the final determination on the eligibility of any users of the Platform to receive a prize. Any Eligible Player who meets the eligibility requirements in this clause (as determined by Quest in its sole discretion) shall be an Eligible Prize Winner for the purposes of these Terms of Service.
If a prize-winner is not an Eligible Prize Winner or is otherwise incapable of receiving his or her prize, Quest is not liable to re-issue the prize or assign a new winner.
You acknowledge and agree that, if you receive a prize and Quest subsequently determines that you were not an Eligible Prize Winner at the time of receiving the prize, Quest may (in its sole discretion) require you to repay such prize.
4. SAFETY WHILE PLAYING THE GAME
You acknowledge and agree that you are playing the Game at your own risk and assume full responsibility for your own safety (and the safety of any Minors you have authorized) when you play the Game. In this regard you must:
5. IN-GAME GOLD
The Platform permits the purchase of in-Game Gold (Virtual Currency) and use of that Virtual Currency to purchase virtual items or services that we expressly make available for use in the Game (Virtual Goods). The purchase of Virtual Currency and Virtual Goods is limited to Eligible Players only. If you are responsible for a Minor who you have provided authorization, you acknowledge that the Minor has your consent to exercise this right independently and you should consult the Apple or Google Play settings to ensure that in-APP purchases are restricted and also monitor their accounts for unexpected activity, including the purchase of Virtual Currency or Virtual Goods.
Virtual Currency and Virtual Goods may only be purchased from Quest. Virtual Currency may only be accessed and used to purchase Virtual Goods (and is not valid for any other uses) and can never be sold or transferred or exchanged for “real” money, “real” goods, or “real” services from us or anyone else. You acknowledge that Virtual Currency and Virtual Goods have no monetary value and do not constitute actual currency or property of any type (and any balance of Virtual Goods or Virtual Currency does not reflect any stored value). We may cancel any Virtual Currency or Virtual Goods sold, transferred, or exchanged in violation of these Terms of Service and terminate your account on the Platform.
Pricing and availability of Virtual Currency and Virtual Goods are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Virtual Currency and Virtual Goods. You agree that all sales by us to you of Virtual Currency and Virtual Goods are final and that we will not permit exchanges or refunds for any unused Virtual Currency or Virtual Goods once the transaction has been made.
You are solely responsible for any federal, state, provincial and/or local taxes, and any other legal or regulatory consequences associated with the purchase of Virtual Currency, Virtual Goods and/or the receipt of any cash prize. If you legally reside in the European Union, we will provide you with a VAT invoice when we are required to do so by law. These invoices may be electronic in format.
If you legally reside in the European Union you have certain rights to withdraw from online purchases. However, you acknowledge and agree that purchases of Virtual Currency involve immediate download of such content and, once downloaded your right of withdrawal ends.
We reserve the right to control, regulate, change, or remove any Virtual Currency or Virtual Goods at any time without any liability to you.
6. QUEST RIGHTS AND POSSIBLE DISPUTES
If you win a prize in the Game, you acknowledge and agree that Quest (and its employees, contractors, agents, representatives, licensees, successors, and assigns), shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media, in perpetuity and throughout the world, your entry, name, portrait, picture, voice, likeness, image, statements about the prize and the Platform, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.
Quest is not responsible for any dispute between any users of the Platform or Game, including, but not limited to, disputes over prices, Third Party Content, Virtual Currency or Virtual Goods.
In the event that you have a dispute (or are somehow connected with any dispute) with one or more users of the Platform and/or the Game, you release Quest (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7. PRIVACY
Your privacy is very important to us. It is important for you to understand how we collect and use personal information. Your privacy rights are set forth in our Privacy Policy and incorporated in these Terms by reference. Through your use of the Service, you are consenting to the collection and use of this information as set forth in the Privacy Policy. We reserve the right, as we reasonably believe is necessary, to access, preserve, and disclose any information to (i) satisfy any applicable law, legal process, or governmental request, (ii) enforce these Terms and investigate potential violations, (iii) detect, prevent, or otherwise address potential fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of Quest, its users and the public. Quest does not disclose personally identifying information to third parties except in accordance with our
Privacy Policy.
The personal information you provide to us will be used (and disclosed) in the manner specified in our Privacy Policy (at www.xxxx.net)
8. THIRD PARTY MATERIAL ON PLATFORM
You acknowledge and agree that Quest:
has no authority or control over (and shall not be responsible or liable to you in respect of) any Third Party Content;
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the Platform or in the Game at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Platform or in the Game, except as required by law.
9. FEEDBACK
We value and welcome feedback on our Platform and the Game. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform, the Game or any products or services we offer, without any payment to you.
You waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
10. THIRD-PARTY LINKS
Third-party links on the Platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content, products or services of third-parties, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third party.
11. OUR RIGHTS
All right, title, and interest in and to the Service are and will remain the exclusive property of Quest. The Service is protected by copyright, trademark, and other applicable laws of Germany as well as foreign countries. Quest reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
12. APPLE AND GOOGLE PLAY
Where you have downloaded the APP from the Apple Store, you acknowledge and agree that:
Where you have downloaded the APP from the Google Play Store, you acknowledge and agree that:
13. TERM AND TERMINATION
The Terms will continue to apply until terminated by either you or Quest as set forth below. You may end your agreement with Quest at any time for any reason by discontinuing your use of the Service.
Quest may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, suspend or terminate your access to or cease providing you with all or part of the Service at any time for any reason. Including (i) changing the availability of, restricting access to, or imposing limited on any or all features or services on, or link to, this Service; (ii) removing, adding, modifying or otherwise changing fees or charges arising out of use of this Service or any features of this Service; and (iii) removing, adding, modifying or otherwise changing any Content of this Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so.
14. DISCLAIMER OF WARRANTIES
We endeavor to provide the best service we can, but your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis, without express or implied warranty or condition of any kind. TO THE EXTENT PERMITTED BY LAW, QUEST DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Quest makes no representations or warranties of any kind with respect to the Service, and disclaims all responsibility and liability arising out of or in any way connected with the following:
No advice or information, whether oral or written, obtained from Quest or through the Service, will create any warranty not expressly made herein.
15. LIMITATIONS OF LIABILITY
To the maximum extent permitted by applicable law, Quest shall not be liable for any consequential, incidental, indirect, punitive, or special damages of any kind, or any damages whatsoever, or loss of profits or revenues, whether incurred directly or indirectly, or any loss or data, use, goodwill, or other intangible losses, resulting from:
16. INDEMNIFICATION
You agree to indemnify and hold the Quest Representatives harmless, inckuding suppliers and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your use or misuse of the Service or anyone using Quest through your account, or any alleged violation by you, or anyone using Quest through your Quest Account, of these Terms of Use, including, without limitation, the Code of Conduct or any use of the Content other than as expressly authorized in these Terms of Use.
In particular, you agree to indemnify Quest Representatives, suppliers and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any information your obtain through the Service.
17. APPLICABLE LAW AND JURISDICTION
These Terms and all matters relating to it shall be governed by, and construed in accordance with the laws of Germany. Any action or proceeding arising out of or relating to this Contract or the Services shall be brought and maintained exclusively by the German courts.
18. ENTIRE AGREEMENT
These Terms, including our Privacy Policy are the entire and exclusive agreement between Quest and you regarding the Service, and these Terms supersede and replace any prior agreements between Quest and you regarding the Service.
19. WAIVER AND SEVERABILITY
The failure of Quest to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
QUESTIONS & CONTACT
The Service is operated and provided by Quest . If you have any questions or comments regarding these Terms, please contact us at hello@creativegames.app.
These Terms of Service (“Terms”) govern your access to and use of the services, including the websites and mobile applications (collectively, the “Service”) provided by Quest ( “Quest” or “our” or “us” or “we”), and any content, information, or other material (collectively, “User Content”) that you post to the Service. Please read these Terms and our Privacy Policy carefully. If you do not agree to any of these Terms, please do not use the Service.
1. ACCESS AND USE OF THE PLATFORM
The Service enables its users (“Users” or “you”) to play games, be presented in highscores rankings and list of winners and share User Content including comments and other media. Users can share the User Content they create using features of the Service. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof.
Quest application is available free of charge and there are no payments related to the use of the service.
Your access to and use of the Service is conditioned on your acceptance of these Terms. When you access or use the Service, you represent and warrant that you have read and understood these Terms and our Privacy Policy, and acknowledge that they are a binding legal agreement between you and Quest. These Terms govern your non-commercial use of the Service, because the Terms expressly prohibit commercial use. If you want to inquire about commercial use of the Service, please contact us at hello@creativegames.app.
We reserve the right to modify, suspend, or terminate the Service or your access to the Service at any time, for any reason, and without notice or liability to you. We reserve the right to refuse access to the Service to anyone for any reason at anytime. We shall not be liable to you or any third party should we exercise such right, in whole or in part.
You understand and acknowledge that the Service is provided “AS IS.” We assume no responsibility for the creation, delivery, or deletion of User Content, or for the failure to store any User Content or settings on the Service. You understand and acknowledge that temporary interruptions of the Service may occur. You also understand and acknowledge that we have no control over third party services accessible through our Service and therefore, we cannot control disruptions on, interactions with, or the performance of these other services.
We may also in the future offer new services and/or features through the Platform (including the release of new tools and resources). Any new features or tools which are added to the Platform shall also be subject to these Terms of Service.
You must accept these Terms before accessing the Platform. By accessing the Platform you agree to be bound by, and are deemed to be a party to, these Terms. If you do not agree to these Terms or are not an Eligible Player (as defined below), you must not access the Platform.
These Terms include any additional terms and conditions and policies (including our Privacy Policy and the Official Rules for each game) that can be viewed by you on or through the Platform, incorporated herein by reference.
We reserve the right to make changes to these Terms at any time, effective upon the posting of modified terms on the Platform. It is your responsibility to check the Terms periodically for changes. Your continued access of the Platform following the posting of any changes constitutes you agreeing to be bound by, and to be a party to, the modified terms.
By agreeing to these Terms, you represent that:
a) you are at least the age of majority in your country, state and/or province of residence; or
b) if you are not the age of majority in your country, state and/or province of residence or are otherwise under the age of 13 (a Minor), your parent or guardian has given express consent to Quests to allow you to access the Platform and play the Game; and
c) the laws and regulations of your country, state or province of residence do not prohibit you from accessing the Platform and/or playing the Game, (Eligible Player). You may not access the Platform unless you are an Eligible Player.
It is your sole responsibility to determine your eligibility to access the Platform, play the Game and/or claim a prize via the Game. You acknowledge and agree that Quests shall not be liable in respect of, and you shall hold Quests harmless against, any loss, cost, liability, damage or claim (of any kind whatsoever) in connection with your access to or use of the Platform and/or the Game (including any attempt to claim a prize) where you (or the Minor you have provided authorization in respect of) do not meet the eligibility requirements in these Terms.
2. RESTRICTIONS ON ACCESS AND USE
We reserve the right to refuse access to the Platform and/or the Game to anyone for any reason at any time.
All right, title, and interest in and to the Service are and will remain the exclusive property of Quest. The Service is protected by copyright, trademark, and other applicable laws of Germany as well as foreign countries. Quest reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
3. ACCESSING AND PLAYING THE GAME
The rules for playing a Game are set out in the Official Rules for the relevant Game, and otherwise shall be as specified in these Terms of Service. Any Game must be played strictly in accordance with, and shall be subject to, the relevant Official Rules.
The Game may provide Eligible Prize Winners (as defined below) with the opportunity to win cash prizes. Such opportunities shall be detailed in the Official Rules and specific rules of each Game, which you should read carefull (e.g. how the price is split etc.).
You acknowledge and agree that the availability of prizes within the Game is at the complete discretion of Quest. You should not play the Game in reliance on winning a cash prize.
You will not be eligible to receive any prize in the Game:
- unless you are an Eligible Player and the laws and regulations of your state or province of residence do not prohibit you (by virtue of your age or otherwise) from winning and collecting a cash prize of the nature and amount made available via the Game;
- if you are found to have breached these Terms of Service at any time in connection with the Game.
Quest shall make the final determination on the eligibility of any users of the Platform to receive a prize. Any Eligible Player who meets the eligibility requirements in this clause (as determined by Quest in its sole discretion) shall be an Eligible Prize Winner for the purposes of these Terms of Service.
If a prize-winner is not an Eligible Prize Winner or is otherwise incapable of receiving his or her prize, Quest is not liable to re-issue the prize or assign a new winner.
You acknowledge and agree that, if you receive a prize and Quest subsequently determines that you were not an Eligible Prize Winner at the time of receiving the prize, Quest may (in its sole discretion) require you to repay such prize.
4. SAFETY WHILE PLAYING THE GAME
You acknowledge and agree that you are playing the Game at your own risk and assume full responsibility for your own safety (and the safety of any Minors you have authorized) when you play the Game. In this regard you must:
- avoid all dangerous areas, private property and comply with all signs, warnings and notifications relating to any location while using the Application, regardless of where any in-game map marker (Marker) is located, and never attempt to reach a Marker that is located in an improper or dangerous location;
- use the Platform and play the Game in a safe manner, never using the Platform or playing the Game while driving a motor vehicle, riding a bicycle or otherwise navigating roadways;
- not enter onto private property without permission, not impersonate any other person or misrepresent your affiliation, title, or authority, and not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind;
- not play the Game if you have any health issues that may be activated or made worse by playing the Game; or
- maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Platform.
5. IN-GAME GOLD
The Platform permits the purchase of in-Game Gold (Virtual Currency) and use of that Virtual Currency to purchase virtual items or services that we expressly make available for use in the Game (Virtual Goods). The purchase of Virtual Currency and Virtual Goods is limited to Eligible Players only. If you are responsible for a Minor who you have provided authorization, you acknowledge that the Minor has your consent to exercise this right independently and you should consult the Apple or Google Play settings to ensure that in-APP purchases are restricted and also monitor their accounts for unexpected activity, including the purchase of Virtual Currency or Virtual Goods.
Virtual Currency and Virtual Goods may only be purchased from Quest. Virtual Currency may only be accessed and used to purchase Virtual Goods (and is not valid for any other uses) and can never be sold or transferred or exchanged for “real” money, “real” goods, or “real” services from us or anyone else. You acknowledge that Virtual Currency and Virtual Goods have no monetary value and do not constitute actual currency or property of any type (and any balance of Virtual Goods or Virtual Currency does not reflect any stored value). We may cancel any Virtual Currency or Virtual Goods sold, transferred, or exchanged in violation of these Terms of Service and terminate your account on the Platform.
Pricing and availability of Virtual Currency and Virtual Goods are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Virtual Currency and Virtual Goods. You agree that all sales by us to you of Virtual Currency and Virtual Goods are final and that we will not permit exchanges or refunds for any unused Virtual Currency or Virtual Goods once the transaction has been made.
You are solely responsible for any federal, state, provincial and/or local taxes, and any other legal or regulatory consequences associated with the purchase of Virtual Currency, Virtual Goods and/or the receipt of any cash prize. If you legally reside in the European Union, we will provide you with a VAT invoice when we are required to do so by law. These invoices may be electronic in format.
If you legally reside in the European Union you have certain rights to withdraw from online purchases. However, you acknowledge and agree that purchases of Virtual Currency involve immediate download of such content and, once downloaded your right of withdrawal ends.
We reserve the right to control, regulate, change, or remove any Virtual Currency or Virtual Goods at any time without any liability to you.
6. QUEST RIGHTS AND POSSIBLE DISPUTES
If you win a prize in the Game, you acknowledge and agree that Quest (and its employees, contractors, agents, representatives, licensees, successors, and assigns), shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media, in perpetuity and throughout the world, your entry, name, portrait, picture, voice, likeness, image, statements about the prize and the Platform, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.
Quest is not responsible for any dispute between any users of the Platform or Game, including, but not limited to, disputes over prices, Third Party Content, Virtual Currency or Virtual Goods.
In the event that you have a dispute (or are somehow connected with any dispute) with one or more users of the Platform and/or the Game, you release Quest (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7. PRIVACY
Your privacy is very important to us. It is important for you to understand how we collect and use personal information. Your privacy rights are set forth in our Privacy Policy and incorporated in these Terms by reference. Through your use of the Service, you are consenting to the collection and use of this information as set forth in the Privacy Policy. We reserve the right, as we reasonably believe is necessary, to access, preserve, and disclose any information to (i) satisfy any applicable law, legal process, or governmental request, (ii) enforce these Terms and investigate potential violations, (iii) detect, prevent, or otherwise address potential fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of Quest, its users and the public. Quest does not disclose personally identifying information to third parties except in accordance with our
Privacy Policy.
The personal information you provide to us will be used (and disclosed) in the manner specified in our Privacy Policy (at www.xxxx.net)
8. THIRD PARTY MATERIAL ON PLATFORM
You acknowledge and agree that Quest:
has no authority or control over (and shall not be responsible or liable to you in respect of) any Third Party Content;
- will not provide any benefits (including any prizes or giveaways) contained in or referred to in any Third Party Content.
- is not responsible for any offensive, pornographic, defamatory, obscene or inaccurate Third Party Content or for any malicious software that may be associated with any Third Party Content.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the Platform or in the Game at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Platform or in the Game, except as required by law.
9. FEEDBACK
We value and welcome feedback on our Platform and the Game. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform, the Game or any products or services we offer, without any payment to you.
You waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
10. THIRD-PARTY LINKS
Third-party links on the Platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content, products or services of third-parties, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third party.
11. OUR RIGHTS
All right, title, and interest in and to the Service are and will remain the exclusive property of Quest. The Service is protected by copyright, trademark, and other applicable laws of Germany as well as foreign countries. Quest reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
12. APPLE AND GOOGLE PLAY
Where you have downloaded the APP from the Apple Store, you acknowledge and agree that:
- your rights to install and use the APP and make any in-app purchases through the APP are subject to these Terms and the relevant terms in the Apple Store terms of service;
- Apple is not responsible for the APP in any way, including for any maintenance or support of the APP;
- to the maximum extent permitted by law, Apple has no warranty obligations with respect to the APP;
- Quest (and not Apple) is responsible for addressing any claims by you or a third party in connection with the APP (including any claims by a third party that the APP breaches that persons intellectual property rights); and
- although these Terms are entered into between you and Quest, Apple, as a third party beneficiary under these Terms, will have the right to enforce these Terms against you.
Where you have downloaded the APP from the Google Play Store, you acknowledge and agree that:
- your rights to install and use the APP and make any in-app purchases through the APP are subject to these Terms and the relevant terms in the Google Play Store terms of service;
- Google is not responsible for the APP in any way, including any maintenance or support of the APP; and
- Quest (and not Google) is responsible for addressing any claims by you or a third party in connection with the APP (including any claims by a third party that the APP breaches that persons intellectual property rights).
13. TERM AND TERMINATION
The Terms will continue to apply until terminated by either you or Quest as set forth below. You may end your agreement with Quest at any time for any reason by discontinuing your use of the Service.
Quest may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, suspend or terminate your access to or cease providing you with all or part of the Service at any time for any reason. Including (i) changing the availability of, restricting access to, or imposing limited on any or all features or services on, or link to, this Service; (ii) removing, adding, modifying or otherwise changing fees or charges arising out of use of this Service or any features of this Service; and (iii) removing, adding, modifying or otherwise changing any Content of this Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so.
14. DISCLAIMER OF WARRANTIES
We endeavor to provide the best service we can, but your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis, without express or implied warranty or condition of any kind. TO THE EXTENT PERMITTED BY LAW, QUEST DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Quest makes no representations or warranties of any kind with respect to the Service, and disclaims all responsibility and liability arising out of or in any way connected with the following:
- Completeness, accuracy, availability, timeliness, security or reliability of the Service or any User Content
- Any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any User Content
- Deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service
- Whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis
No advice or information, whether oral or written, obtained from Quest or through the Service, will create any warranty not expressly made herein.
15. LIMITATIONS OF LIABILITY
To the maximum extent permitted by applicable law, Quest shall not be liable for any consequential, incidental, indirect, punitive, or special damages of any kind, or any damages whatsoever, or loss of profits or revenues, whether incurred directly or indirectly, or any loss or data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of, or inability to access or use, the service:
- Any conduct or user content or any third party on the service, including without limitation, any defamatory, offensive, or illegal conduct or other users or third parties;
- Any content obtained from the service; or
- Unauthorized access, use, or alteration of your user content.
16. INDEMNIFICATION
You agree to indemnify and hold the Quest Representatives harmless, inckuding suppliers and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your use or misuse of the Service or anyone using Quest through your account, or any alleged violation by you, or anyone using Quest through your Quest Account, of these Terms of Use, including, without limitation, the Code of Conduct or any use of the Content other than as expressly authorized in these Terms of Use.
In particular, you agree to indemnify Quest Representatives, suppliers and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any information your obtain through the Service.
17. APPLICABLE LAW AND JURISDICTION
These Terms and all matters relating to it shall be governed by, and construed in accordance with the laws of Germany. Any action or proceeding arising out of or relating to this Contract or the Services shall be brought and maintained exclusively by the German courts.
18. ENTIRE AGREEMENT
These Terms, including our Privacy Policy are the entire and exclusive agreement between Quest and you regarding the Service, and these Terms supersede and replace any prior agreements between Quest and you regarding the Service.
19. WAIVER AND SEVERABILITY
The failure of Quest to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
QUESTIONS & CONTACT
The Service is operated and provided by Quest . If you have any questions or comments regarding these Terms, please contact us at hello@creativegames.app.