Terms

These terms and conditions (“Terms of Use”) govern your access to and use of the software products, in particular games and Internet sites, and related services (collectively, the “Service”) and all related relationships between you and QuadroBytes GmbH, a German company (business ID DE 334305157) located at Prötzeler Chaussee 8, 15344 Strausberg, Germany (hereinafter “QuadroBytes”, “Us” or “We”). The use of the Service is also subject to the QuadroBytes Privacy Policy which is incorporated into this Agreement by reference of Directive.

This agreement is between you and the QuadroBytes entity. Only the version of the Terms of Use valid at the time of the conclusion of the contract shall apply. Unless expressly agreed to in writing by an authorised representative of QuadroBytes, any deviating terms and conditions provided by you will not be recognised. 

Before you can access or begin using the QuadroBytes Service, you must agree to these Terms of Use and the Privacy Policy. This applies equally to access to QuadroBytes Internet pages and to access and use of QuadroBytes games.
If you wish to use our Service, you may be required to open an account (“Account”) within the Service. By registering your account and all other uses of the Service, you confirm that you are at least 18 years of age or the legal age of majority in your jurisdiction and that you have read and agree to these Terms of Use. 
If you are not of age, your legal guardian must read and agree to these terms and conditions. 
If you access the Service via a social network, such as Facebook, it is also subject to Terms of Use, which you should follow. 
By using, installing, or otherwise accessing the Service, you agree to these Terms of Use. If you do not agree to these Terms of Use or agree to them in a modified form, access to the Service is prohibited.
QuadroBytes may make changes to these Terms of Use at any time. The adapted terms and conditions will be announced within the QuadroBytes Service (e.g. via the website) in good time in advance, stating the date on which the adapted Terms of Use come into effect. If you do not object within 30 days of publication, this will be deemed to be acceptance of the Agreement, provided you continue to use the Service. Your continued use of the QuadroBytes Service after the new terms and conditions take effect constitutes your acceptance of the changes. If the adjustment is unreasonable for you, this does not apply. QuadroBytes will explicitly indicate your right to object and the consequences of failure to object in the adjustment notification.
Please inform us of your objection by e-mail to info@quadrobytes.de. QuadroBytes may be required by your objection to the Terms of Use, Privacy Policy, or other QuadroBytes policy to terminate this agreement with you so that you may no longer use the QuadroBytes Service. You are obliged to refrain from using the Service at the time the adapted conditions take effect.

Notwithstanding the foregoing, QuadroBytes may modify these Terms of Use if 

• the adaptation is exclusively beneficial to you
• the adaptation is purely technical or due to a system process and has no significant impact on you
• QuadroBytes is obliged to adapt due to mandatory legal requirements, e.g. due to a change in the applicable legal situation
• QuadroBytes introduces additional services that do not result in a detrimental change in the user relationship for you. 

QuadroBytes will also display such adjustments.

1. Licence

1.1. Restricted granting of licences

By granting your consent in accordance with the foregoing criteria and your continued compliance with these Terms of Use and all other relevant QuadroBytes policies, QuadroBytes grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to use the Service. This use must be non-commercial and for your entertainment within the following terms. The use of the Service for any other purpose is not permitted.

The following restrictions apply to the use of the Service:

• Parents and guardians are fully responsible for any unauthorised use of the Service by children. You are also responsible for any use of your credit card or other payment system (such as PayPal) by children. It is recommended that you familiarize yourself with the parental control functions of the devices if you leave this to your children.
• You are prohibited from selling, renting or otherwise sharing your account, or creating an account with a false identity, false information or for anyone other than yourself
• The Service may not be used if one of your accounts has been blocked by QuadroBytes 
• You may only use your account for non-commercial purposes. Using the Service for any form of advertising or for the distribution of unauthorised purposes is prohibited. This includes the sending of chain letters, junk or spam e-mails or repetitive or misleading messages. Messages in the Services should only be used for the purpose of personal communication.

Registration and account information

Some QuadroBytes applications may require the creation of an account to use the Service. Depending on the login method, this may require the specification of a password, a login e-mail address or a user name (“login information”). You may not share this login information with others, nor allow access to the account in any other way. In addition, all actions that endanger the account security are to be refrained from. As soon as you become aware of a security threat to your account or have sufficient suspicion of such a threat, QuadroBytes must be informed immediately. You must also change your registration information as soon as possible.
You are solely responsible for maintaining the confidentiality of your credentials and for all uses thereof until QuadroBytes is informed. This also applies to purchases, even if they have not been authorised by you. Until QuadroBytes is informed, you are responsible for all actions taken through your account.Also, regardless of credentials, some applications of the QuadroBytes Service may require you to enter a user name that is intended to identify the user in the Service to other users. QuadroBytes reserves the right to remove or change any username, or to require such change. This applies in particular if claims of third parties are asserted due to the violation of his rights or if the user name is considered inappropriate. This evaluation is based on the measurement of QuadroBytes.

Only one account per game may be used on a supported device.

Licence restrictions

Use of the QuadroBytes Service in violation of these licence restrictions is strictly prohibited. Violations of this license restriction may lead directly to the revocation of your limited licence and may expose you to claims of infringement.

You agree and assure that under no circumstances:

• Take actions that violate these Terms of Use.
• Abusing QuadroBytes Customer Service.
• Use or distribute unauthorised software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software programs or applications, exploits, emulators, cheats, or other hacking, modifying, or fraudulent software or tools that alter or interfere with the QuadroBytes Service and QuadroBytes gaming experience in any way.
• Make or cause to be made any modifications to any portion of the QuadroBytes Service or any QuadroBytes game without QuadroBytes’ prior written permission.
• Interfere with the normal course of the Service, impair or otherwise negatively affect the user experience of others. This includes not disturbing or interrupting other users or players in the normal use of the QuadroBytes Service. This includes interrupting the normal course of the game, chats or dialogues, for example by using vulgar or harassing language, insulting behaviour, excessive shouting (all in capital letters), spamming, flooding or multiple pressing of the return key.
• Perform any form of manipulation of rankings, exploit errors in the Service to your advantage or to the detriment of others (e.g., glitchting and bug abuse), or take any other action that intentionally misuses or violates the design of the Service.
• Use any software or programs that interfere with the QuadroBytes Service or another person’s computer or property in any wayse damage, disrupt, overload, interrupt or assist in the disruption or overload (e.g., denial of service attacks, spamming, hacking or uploading of computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
• Attempting to access the QuadroBytes Service through means other than those offered by QuadroBytes, or gaining access to the accounts of others, or computers, servers or networks connected to the QuadroBytes Service, or modifying or circumventing security measures and technologies, or encouraging others to do so
• Publish or distribute through the Service any content, for example text, images, video or other representations and sounds, that is offensive, harassing, propagandistic, glorifies violence, is inhuman, invasive of privacy, abusive, threatening, obscene, degrading, defamatory, racist, sexist, pornographic, religious or otherwise objectionable or unlawful.
• Post content on the QuadroBytes Service that violates any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any third party, including QuadroBytes employees.
• Harass, insult, harass, threaten, embarrass, or otherwise treat other users, groups, or QuadroBytes employees in an unwelcome manner or advocate or incite such acts.
• The making of copies, reverse engineering or attempted extraction, decompilation, decoding or other use of the source code or other data from QuadroBytes Services is only permitted with the express written authorisation of QuadroBytes, to the extent permitted by copyright and related intellectual property rights.
• Attempt to solicit, collect, solicit, obtain by other means, or disclose any personal information, including other users’ credentials, personally identifiable information, identification documents, or financial information about the QuadroBytes Games Service.
• A QuadroBytes game is used as a basis or component of betting, gambling or similar activities.

QuadroBytes is entitled to take appropriate measures in the event of a violation of the Terms of Use, which may lead to the termination of the contract of use and the prohibition of use of the Service.

1.2 Termination of Service

QuadroBytes may terminate, limit, suspend or modify your access to and use of the QuadroBytes Service, or any portion of it, if QuadroBytes has reasonable grounds to suspect that you have violated this agreement or otherwise culpably misused or abused the Service in an unlawful or improper manner. Termination in case of violation and the related actions, such as deletion of an account, may result in the loss of your username and persona, as well as loss of the benefits, privileges and goods acquired or purchased in the course of use. QuadroBytes is not obligated in this connection to refund, compensation for performance or to pay any other compensation. Without limiting other rights, QuadroBytes may, without limitation, temporarily or permanently restrict, suspend, or prohibit access to the Service or accounts, or any portion of them, depending on the nature of the violation or reasonable suspicion, and may take legal or technical action to prevent users from accessing the Service if there is reasonable suspicion that their actions may create a threat, give rise to legal liability, or otherwise violate the intellectual property rights of others or are inconsistent with the QuadroBytes terms and conditions.

QuadroBytes reserves the right to terminate any account without purchased or purchased goods that has been inactive for more than 360 days with timely notice. 

QuadroBytes may terminate the provision or support of the Service, or any part thereof, at any time upon thirty days’ notice to the user. The right of use shall end with the discontinuation. QuadroBytes shall not be obligated in this connection, subject to any statutory rights of reimbursement, to make refunds, compensation for services rendered or to pay any other compensation. This does not apply to credit balances and virtual currencies that have not yet been utilised at the time of discontinuation.

Upon termination of your account, you may no longer be able to access some content of the Service. This applies in particular to account-related content and information. A recovery after deletion is not possible.

The account as part of the QuadroBytes Service can be terminated by you at any time without giving reasons within the QuadroBytes games as well as by mail to info@quadrobytes.de be terminated.

2. Ownership of rights

2.1. Rights to the Service

QuadroBytes owns and retains all rights, including all rights, title and interest in and to the QuadroBytes Service, including but not limited to code, concepts, illustrations, graphics, animations, video, audio, chat, dialogue, profile information and game recordings and related intellectual property rights. This applies in particular to all copyrights and industrial property rights as well as other property and protection rights or proprietary rights. 

2.2 Rights to accounts

QuadroBytes grants you only the rights to accounts as defined by these Terms of Use, and you have no ownership or other rights to the accounts you create in any part of the QuadroBytes Service.

2.3. Virtual proprietary

In order to provide the services according to the Terms of Use, QuadroBytes owns all rights and content to the Service. Notwithstanding anything to the contrary, you acknowledge that you have no or limited rights (such as rights to use the virtual items and goods you have purchased) or titles in or relating to any content that appears on or in connection with the Service. This applies in particular to free virtual objects and goods (cf. section 4.1). This also applies to all other properties and features associated with an account or stored in the Service, with the exception of user-generated content (cf. section 3.).

3. User generated content

3.1. Submission of user generated content

User Generated Content (“UGC”) includes account personal, forum and chat posts, profile content, images, sounds, videos and other content (see Section 2.1) contributed to the QuadroBytes Service by users. By providing UGC on the QuadroBytes Service, you represent and warrant that the provision is accurate, not secret or misleading, does not violate any law or regulation, contract or third party rights, and that you have the consent of any third party whose personal information or proprietary rights are affected by the UGC you provide. Furthermore, you assure that the UGC is free of malicious and spy software as well as all other damaging code. According to the Privacy policy You agree that QuadroBytes may process any personal data contained in such content. QuadroBytes may at any time, in its sole discretion, inspect, monitor, prohibit, edit, remove or disable your UGC for any reason.

3.2. Review of UGC

QuadroBytes assumes no responsibility or liability for UGC, for their removal, for not removing them, or for their contents. The UGCs are not reviewed prior to publication or necessarily monitored afterwards. The use of services related to UGC is at your own risk. By using the Service, you agree that QuadroBytes and its designees may, in their sole discretion, monitor and/or record your interactions and communications within the Service and use technology such as automatic UGC violation analysis. With the decision to monitor the Service at its sole discretion, QuadroBytes assumes no responsibility for the UGC and is under no obligation to modify or remove inappropriate UGC. QuadroBytes has the right, but not the obligation, to edit or remove UGC if it violates these Terms of Use.

3.3. Use of the UGC by other users of the Service

You are solely responsible for your UGC that you publish on the QuadroBytes Service. QuadroBytes has the right, but not the obligation, at its sole discretion, to reject, refuse to publish or delete your UGC to the extent that such violates these Terms of Use.
The QuadroBytes Service may provide public chats, forums or blogs where you can contribute UGC and view and respond to other users’ UGC, depending on the features of the Service. It cannot be guaranteed that other users of the Service will not use and/or exploit your UGC information for their own purposes.
QuadroBytes cannot guarantee that other members will not use the ideas and information you share. You should therefore ensure that you do not publish any secret, sensitive information or information that you do not wish others to use. QuadroBytes is not responsible for the indemnification of your ideas and information.

3.4. QuadroBytes rights of use to your UGC

By providing UGC, you hereby grant QuadroBytes a non-exclusive, perpetual, transferable,  royalty-free, worldwide sublicensable license, both to your UGC and in connection with our provision of the Service, to modify or create derivative works from your UGC  for use, recording, storage, reproduction, adaptation, repair, sale, distribution, creation of derivative works, public performance, public display, or other transmission, including for marketing and promotion of the Service, and to transmit UGC or any portion thereof in any manner, form, or media or forum now known or hereafter developed, without notice, payment or grant of any kind to you or any third party. QuadroBytes does not claim ownership of your UGC and does not limit your rights of use and exploitation of your UGC.  You grant QuadroBytes the right to use your name, likeness and any other information relating to the UGC without any obligation to you. QuadroBytes has the right, but not the obligation, to verify, monitor and enforce the intellectual property rights of your UGC.

3.5. User communications

You are responsible for all communications and all information and media exchange in connection with your use of the QuadroBytes Service and agree to cooperate fully in the investigation of suspicious, illegal, fraudulent and abusive activities. This may include access to encrypted parts of your account. In the event that you have a dispute with any other user of the QuadroBytes Service, you agree to indemnify and hold us harmless from and against any and all claims, demands, and damages of any kind relating thereto. QuadroBytes has the right to participate in the exchange between parties without incurring any obligation to do so.

4. Payment and terms of payment

4.1. Acquisition and purchase of digital goods and services

The QuadroBytes Service allows you to access digital or unlockable content by purchasing or acquiring real money goods. Upon activation of such content, you are granted a personal, time-limited, non-transferable, non-exclusive, revocable license to access and select permissions expressly provided to you by QuadroBytes. Such content and services include virtual points, coins or currencies (“Virtual Currency”), the in-game items acquired with them (together with Virtual Currencies “Virtual Items”) and other goods or services such as subscriptions, unlocking keys or codes, serial codes or online authentication (“Goods”).
The virtual goods may only be purchased through the Service offered by QuadroBytes and its partners.
Virtual goods in the QuadroBytes Service are generally non-refundable and in particular, unused virtual currency is not refundable. Once you have redeemed virtual currency into an authorisation, that authorisation cannot be returned, exchanged or refunded. QuadroBytes reserves the right to manage, regulate, control, modify or remove virtual goods at any time without prior notice. QuadroBytes is not obligated to compensate you or third parties, unless the rights of use are purchased by you. After the purchase of virtual items, these are provided in games by QuadroBytes immediately after the purchase is accepted.

The virtual items have no value outside the scope of our service. The Virtual Items may only be sold, traded, transferred or exchanged for cash through the channels expressly designated by QuadroBytes. If this is not expressly permitted, the exchange, sale or other transfer of the Virtual Items and any attempt to do so is prohibited.

4.2. Levy of taxes and payment of fees

You agree to pay all fees and resulting taxes resulting from use of the QuadroBytes account registered to you. QuadroBytes reserves the right to adjust the prices of individual goods and services within the relevant QuadroBytes Services at any time in the QuadroBytes is under no circumstances obligated to replace the product due to a price adjustment. This does not apply if QuadroBytes closes a user account without sufficient reason and virtual items have already been purchased through that account.

5. Updates and extensions

The individual QuadroBytes Services are subject to continuous development. With respect to any QuadroBytes Services installed on your endpoints, QuadroBytes is entitled to request that updates be performed. You acknowledge and agree that QuadroBytes may update services, or any portion of a service, at any time without notice. In order to ensure the functionality of individual components of the Services, it may be necessary for you to perform any updates provided by third parties (list of opt-out partners: quadrobytes.com/opt-out partners).

6. Warranty

QuadroBytes is liable for material defects and defects of title in accordance with the applicable statutory provisions. 
QuadroBytes does not warrant that the services provided will always be uninterrupted or error-free, that you will be able to access the Service at any time or place, that the Service will be free of viruses or other similar harmful components, or that defects will be corrected generally.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, the exclusions listed above do not apply to you.

7. Liability and indemnity

For QuadroBytes Services, QuadroBytes’ liability is limited to intent and gross negligence. In cases of slight negligence, however, QuadroBytes shall only be liable for culpable breach of material contractual obligations. In this case the liability is limited to the replacement of the contract-typical foreseeable damage. Indirect damages will not be compensated.
These restrictions also apply when claims are made against QuadroBytes’ legal representatives. These restrictions do not apply in the event of injury to life, limb or health. 
Regulations of the product liability law remain unaffected by this.

You agree to indemnify and hold QuadroBytes harmless from any claim, demand, loss, or other damages made by any third party against QuadroBytes arising out of your use of any QuadroBytes Service or violation of these Terms of Use. This does not apply if the violation of rights on your part is not based on negligent or intentional action.

8. Legal disputes and applicable law

In the event of a dispute between you and QuadroBytes, we strongly recommend that you first contact us through our Support(support@quadrobytes.de) or Legal Department(legal@quadrobytes.de) for a quick resolution.

You agree that regardless of your residence, all claims and disputes you have with QuadroBytes shall be subject to the exclusive jurisdiction of the courts of Frankfurt Oder, Germany. This shall not apply if mandatory conflict of laws provisions provide otherwise. The law of the Federal Republic of Germany shall apply.

9. Final provisions

9.1. Assignment of Service

QuadroBytes may assign individual partial services in whole or in part at any time. This does not require your consent. QuadroBytes informs in time about a possible cession of a service. Transfer or assign any rights or obligations under these Terms of Use or the Privacy Policy without QuadroBytes’ prior written consent.

9.2. Additional and supplementary provisions

QuadroBytes is free to issue additional terms and conditions with respect to specific sub-services such as contests, blogs, or any other features. The right to use these services on your part is subject to these specific terms and conditions and the corresponding Terms of Use.

9.3. Service-related communications

Publications on the part of QuadroBytes are primarily www.quadrobytes.comis carried out. To the extent possible and relevant to the particular communication, communications by e-mail or any other means of communication provided by you may be published.
Notices on your part must always be sent in writing by e-mail to support@quadrobytes.de or by post to QuadroBytes GmbH, Prötzeler-Chaussee 8, 15344 Strausberg.

9.4. Overall agreement

This Agreement, together with all other applicable QuadroBytes terms and conditions (e.g., supplemental terms and conditions and documents expressly referenced herein), constitutes the entire agreement between you and QuadroBytes. This takes precedence over all previous communications.

9.5. No waiver default

The failure of QuadroBytes to exercise any right under this Agreement or to control strict performance thereof shall not constitute a waiver of that right or any other right. QuadroBytes’ representations, warranties, waivers, consents or other actions or omissions are also without prejudice to QuadroBytes’ ability to modify these Terms of Use. Likewise, they are not legally binding unless expressly stated in these Terms of Use or set forth in a document signed by you and an authorised QuadroBytes representative.

9.6. Equitable remedy

QuadroBytes reserves the right to seek injunctive relief or other equitable relief from you in the event of any violation of these Terms of Use and the rights and obligations granted to you herein. This also applies if a violation on your part is to be expected.

You irrevocably waive the following rights:

• To assert a claim for injunction or other equitable relief
• To prescribe or restrict the operation of a QuadroBytes Service
• Use QuadroBytes Services for advertising purposes
• Exploit content and materials provided by QuadroBytes Services

In addition, you agree to limit any claims to claims for financial damages (see section 7 for limitations).

9.7. Force majeure

In the event of force majeure, QuadroBytes shall not be liable for delays or failures due to causes beyond QuadroBytes’ control or fault (e.g., fire, flood, strikes, war, terrorism, sabotage, or acts of civil or military authorities).

9.8 Severability clause

You and QuadroBytes agree that if any part of these Terms of Service or the QuadroBytes Privacy Policy is found to be illegal or invalid, in whole or in part, by any court of competent jurisdiction, that Service will be deemed invalid or unenforceable to the extent of such invalidity or unenforceability, without affecting the validity or enforceability of any other part of the Terms, which shall remain in full force and effect.