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Terms And Conditions

As of 12.09.2016

Welcome to the Terms and Conditions of Fitness Race, the mobile game, operated by Celanda GmbH. In the following text we describe the rights entitled to you as well as our own, along with what obligations we have towards you and those you have towards us. The text of the Terms and Conditions also outlines how to deal with errors and what to do when things do not work out the way you or we imagined. If you have read the Terms and Conditions and accepted them, you can then proceed directly to the game. We wish you lots of fun and success. Your Fitness Race Team

1. Validity of the Terms and Conditions, minimum age, changes in the Terms and Conditions

  1. Celanda GmbH, Scanbox # 01906, Ehrenbergstr. 16a, 10245 Berlin, Germany (hereinafter also referred to as: “we” or the “provider”), operates, inter alia, a game called “Fitness Race” (“game”).You can play the game (you: hereinafter also referred to as “user”) as a mobile application (mobile app) after you have registered and logged in.The services and benefits provided in the framework of the game, including displaying your profile page, your participation in forums, social media platforms, displaying user side generated content such as text, photos, graphics or moving images, the provision of in-game messaging systems (“services”) are exclusively provided or made available based on these general Terms and Conditions (“Terms”). These Terms and Conditions are published for the mobile app when loading the app and, moreover, on our website. They can be viewed at all times and can be printed out. In addition – if applicable – the rules and game instructions of the game that we have made available in each downloaded app or on the website and also can be printed out additionally apply to these Terms and Conditions. In case of conflict between these Terms and the rules of the game and game instructions, the Terms shall prevail. Specific terms of use may apply for the game and special variants thereof. If this is the case, as a user, you are informed about these conditions in an appropriate manner before claiming their offer.
  2. You certify that you are at least 13 years old, and, if you are between 13 and 18, that your legal guardian has reviewed these Terms and Conditions and that they will allow you to access our services and/or to use them.
  3. The contract with the License Agreement between the parties is concluded through your acknowledgment of the Terms and Conditions. In using the game with the mobile app, you recognise the Terms and Conditions of the download through the respective app store of the respective app. Opposing or deviating from these general Terms and Conditions on your part have no validity.
  4. We are entitled to change the Terms and Conditions and other conditions (e.g., rules, instructions) with effect for the future. We will make these changes only for important reasons, in particular due to technical developments, extensions of our service offering, existing regulatory gaps, changes in legislation or case law or other just such reasons. If lawmakers pass a law making changes, we will also implement these in the general Terms and Conditions. Furthermore, any changes require your consent. As a user, you agree to be informed via your last known provided email address regarding amendments to the Terms and Conditions by logging in to the relevant games platform, via in-game messages or email. They are considered accepted if you do not object (“objection period”) within four weeks of receipt in writing or in text form (e.g., by email). In this circumstance, we will inform you separately regarding the notice of change. It is recommended you as a user to direct the objection in writing or via email, for purposes of evidence protection. In the latter case it is advisable that you include “Fitness Race”, your username and your real name in the subject line.
  5. If you do not object as a user to the amended Terms within the objection period or you continue using the game despite the notification of change, then the amended and/or supplemented Terms and Conditions are considered to be in force.If you object within the prescribed period as a user, you, just as we, are entitled to duly terminate the License Agreement or the Premium License Agreement according to para. 10 of these Terms and after a possible period of notice to delete the account. Any items and/or other currency units acquired in advance and still in force after the termination period are forfeited. In the notification of the changes, we will particularly inform you about the possibility for an objection and cancellation, the deadline and the legal consequences, in particular regarding a lack of objection.
  6. You can always find the current Terms and Conditions under fitnessrace.de/en/terms-and-conditions/.

 

2. Contract conclusion, Open License Agreement

  1. As a user, you can conclude an agreement with us for the free use of the game on mobile apps (“License Agreement”). You have no claim to a License Agreement or a right to use the services or premium services. Either party may terminate the License Agreement at any time without providing reasons and the services can be stopped at any time without providing reasons.
  2. The License Agreement for the free use of services comes about through the access of data from the registration form sent to us in the game app of “Fitness Race” and the activation of the account through us and your acceptance of these Terms under Section 1.3. This License Agreement is provided free of charge and costs you no license fee.
  3. We offer paid services for a fee (“premium services”) through the designated free License Agreement in 2.2. As a user, you have a choice to take these services or not. Before use, you will be reminded of your payment obligation through clear labeling and must explicitly confirm the claim. Further details and information on the premium services, in particular to agreement, to the description of each premium services, for remuneration and for revocation are governed by paragraph 8 of “premium service agreement” and paragraph 9 Withdrawal/Revocation.
  4. The License Agreement is concluded with Celanda GmbH, Scanbox # 01906, Ehrenbergstr. 16a, 10245 Berlin, Germany as a contractual partner. More information about us, especially our contact information (phone number, email), company registration number and name of the authorised representatives can be found under “Imprint” on our website.
  5. Thereby, as a user you have the option, to use the services of our cooperation partners (Apple, Amazon, Google). In these cases, a separate contract between you and our partner is concluded which are subject to special conditions, which are then communicated to you by the cooperation partners prior to the conclusion of the contract.

 

3. Mobile app for the game

  1. The game is a mobile app offered by various vendors (“Stores”), (e.g., Apple iTunes and/or App Store, and Google Play Store and/or Google, Amazon and/or the Amazon App Shop) and is available for free download. As a user, you can play the game via mobile app by downloading the respective mobile app from a store onto your device.
  2. The License Agreement for free use of the mobile app is obtained by downloading the mobile app on your device and the acceptance of these Conditions under 1.3.
  3. Above and beyond the goods specified in 3.2 of the open License Agreement, as a user you can also purchase premium services in each store using our mobile app. You are notified about your payment obligation through clear labelling and gain the use of chargeable services explicitly by clicking the button “Buy”, “Purchase”, or “Pay now”.
  4. Regarding the use of fee-based premium services, in addition to our Terms and Conditions, the Terms of the stores also apply. Further details and information on premium services, in particular with respect to the contract, to the description of each premium services and to remuneration, are set out in Section 8 of “premium service agreement” and for revocation regarding your withdrawal, in para. 9.
  5. The contract for the free use of a mobile app or the paid use of premium services occurs through Celanda GmbH, Scanbox #01906, Ehrenbergstr. 16a, 10245 Berlin, Germany as a contractual partner, not the respective stores. We alone and not stores are responsible for the licensed apps and their contents. Please direct complaints or questions about the mobile app to us.
  6. For questions and/or claims with respect to purchases and payments via our partner stores (e.g., iTunes and/or App Store, Google Play Store and/or Google or Amazon and/or Amazon App Store), please turn exclusively to the respective store and their support teams.
  7. For more information about us, in particular the contact details (email), company registration number and name of the authorised representatives, can be found under “Imprint” on our website.
  8. You agree as a user that you will not use the mobile app in any way that is contrary to the use and license conditions or other agreements between you and the stores or is injurious them.
  9. All claims from you regarding malfunctions of the app, particularly but not exclusively for warranties or other service disruption rights, are not to be made to the stores, but rather against us as contractual partner. The provisions of these Terms and Conditions apply. Arrangements to guarantee rights can be found under para. 15 and our scope of liability under para. 16 of these Terms.
  10. In the event that the mobile app and/or the License Agreement with you as a user should infringe on third-party rights, we alone are responsible, and not the stores through which the mobile app has been downloaded, for the defense and the settlement of copyright claims.
  11. Before the intended download of the mobile app via a store, the following restriction must be observed:A download of the mobile app is not permitted if you’re a resident in a country that is subject to an embargo by the United States of America (USA) or which is classified as a terrorism supporting country by the United States of America (USA). When you download mobile app through the store, you therefore declare and warrant as a user that
    1. You’re not resident in a country which is subject to US embargo, or that is designated by the USA as a country that “supports terrorism”; and
    2. You are not on any list of “prohibited or restricted parties” of the USA

 

4. User account

  1. As a user, with the License Agreement you also receive a user account (“Account”). In this account, you can change your data and manage the game.
  2. An account can be created either on the games portal by us or on the game website, or via the mobile app downloaded on your device. An account cannot be transferred without our express permission, whether subject to a charge or free of charge, because the right to use is personal to you exclusively.
  3. As a user, you can only have one account per game world (one area of the game). You can log yourself into your account on the app you’ve downloaded, or if you like, on the respective website of the game. Multiple accounts (“multi-accounts”) within a game world (whether via downloaded mobile app or the websites of the game) are prohibited and can result in an immediate blocking or extraordinary termination of the License Agreement. Claims by you against us do not exist in this case, or are excluded.
  4. As a user, you agree to keep your account login data, passwords and access (“access data”) secret and to inform us immediately if you suspect or become aware that a third party has gained knowledge of your login data. In this case, you’ll change your data or have it changed by us. In such a case, we also have the right to terminate your access temporarily. As a user, you will again be permitted to use your account as soon as the suspicion of misuse of access by you or third parties has been resolved according to our due discretion, following a review of the situation.
  5. If a third party uses your account as a result of your negligence of your access data, you’ll be treated as if you personally had actively passed on the access information.
  6. Should we suspect that third-parties had the access data, we are entitled, but not obliged, to change the access data or to block the account, without prior notice. We will immediately inform you and, upon request, will provide you with new access data. Further claims by you as a result of the temporary closure of your account or change your login information are excluded.
  7. We can delete inactive accounts in accordance with the respective rules. The License Agreement then ends with the deletion automatically.

 

5. Username, Player (Avatar), Social Media

  1. You choose a user a player name as a pseudonym to participate in the game (“User Name”). You have no right to be allocated a specific user name. Your player character (avatar, character) takes part in the game with this user name.
  2. We are entitled to change or delete your chosen user name, either for technical and ethical or legal reasons, without your prior approval.
  3. In the context of the game, it is possible for you to invite friends via social networks like Facebook, Twitter or other social media platforms to take part in the game and/or be invited by friends to participate. When using other social media platforms, their Terms of Use and in particular the legislative requirements on the minimum age apply.

 

6. Necessary technical equipment

The use of the game is only possible via software that is locally installed on your computer, tablet, smartphone or other device, along with an Internet connection. The cost of this software (e.g., a current version of the mobile operating system) and their use as well as the costs of their Internet connection is borne by you. It is your own responsibility to keep your device in a state that allows the use of the games. We provide no support for this.

 

7. The content and scope of performance

  1. We provide the game and other services within the framework of our technical and operational capabilities. The services of the games are open to users who have a License Agreement and thus have an account (paragraphs 4.1. to 4.4.).
  2. All games services, premium services, items or currencies offered by us will be revised and updated at our discretion in order to keep them attractive for the largest possible user circle. For all users participating in the game, it is necessary that all users use the same version of a game, service, premium service, item or currency. Therefore, it is only possible for you to participate in each game service, premium service, item, or currency exclusively in the current version.
  3. We reserve the right to cease operation of the game or parts thereof without giving reasons.
  4. In the event that, should there be technical problems or a malfunction of the offer due to the intervention of third parties or due to similar events, should you receive a false offer (e.g., incorrect or faulty pricing of Premium Services), we specifically reserve the right to dispute the contract and the services guaranteed you, claim the amount provided, and especially recover granted premium points. The same rights apply to you as a user.

 

8. Premium service agreement

  1. The contract for premium services (“Premium Licensing Agreement”) occurs via the mobile app, if you click on the “Buy” or “Order now with an obligation to pay” button after selecting the premium service. According to the rules of our partner stores (e.g., iTunes and/or App Store, Google Play Store and/or Google or Amazon and/or Amazon App Store) when completing the purchase process, you declare your acceptance of the offer. Where possible, you’ll also be informed about your purchase with an in-game message.
  2. The premium services particularly include, but not exclusively, the provision of virtual currency (e.g., Premium Points, Gold, precious stones, coins), the use of game benefits in the form of virtual goods (“Items”).
  3. The content, functions and preconditions of the Premium Services at the time of order apply, as presented in the respective app stores and as accordingly communicated to you in the respective order confirmation on our websites and in mobile apps.
  4. Generally speaking, you can use User Items during a certain period of time. You can also lose items during the game, for instance, if they are consumed in the context of the gameplay, are destroyed or if other users take them away.
  5. If you do not connect the game with an account on your device that is either linked with your account on a social network or otherwise with your personal data, in the event of loss or damage of your device, we have no way of restoring your purchases from another device. This is especially true in the event that you are using an invalid email address or you have lost access to the email address used. Therefore, when making the purchase, you personally assume the overall risk in terms of loss of virtual goods or virtual money (items, currency units) on a device that is not connected in this manner described.
  6. Premium services are only purchased by each separate purchase. A permanent or recurring obligation to purchase premium services does not exist.
  7. Currency units (in-app currency, items) must be purchased from us or from our partner stores (e.g., iTunes and/or App Store, Google Play Store and/or Google or Amazon and/or Amazon App Store).
  8. Some of the charges which apply with different payment provider fees or costs are not included in the prices. If you should expect to incur additional fees or costs through the payment provider chosen by you, we will point this out to you, should we have knowledge of the fees or costs and if this is technically possible. We have no control over the fees and costs charged by payment providers. Only the payment provider can provide you with definitive information on applicable fees and costs. In this case, the general payment provider terms apply, over which we have no control.
  9. With respect to the mobile app, the respective store prices (e.g., iTunes App Store, Google Play Store or Amazon App Store) shall be displayed and are received in the order confirmation for each order. This also applies to premium services, such as Items or other currency units, which are ordered and purchased through the stores. The prices include any applicable legal sales taxes. For mobile apps, payments are handled through the respective stores. For this purpose, the stores’ Terms of Use and Payment supplement these Terms and Conditions. In the case of conflict between the Terms of stores and these terms, the stores’ Terms of Use and Payment shall prevail. This is especially true for you in terms of your entitled consumer rights, such as the right of withdrawal, for example.
  10. If currency, e.g., Premium Points or coins, are simulated in the game, these are strictly premium services and not real money. A reconversion of the Premium Services (including currencies) in real money is excluded. You are liable under these Terms and Conditions or the Terms and Conditions of our partner stores for purchases by persons close to you (e.g., partners, children) using your credentials, such as, for instance, in the event your login was not properly secured, for instance for the use of parental controls.
  11. Supply items or currency units are necessarily consumed first while playing. Only when no supply items or currency units are present or the amount is not sufficient for the further participation in the game and/or to use a particular function, can you then purchase further items or other currency units.
  12. The performance fees are due in advance when acquiring a premium usage. As a user, you have no right to a specific payment method.
  13. You are responsible to us for cancellations or chargebacks, e.g., due to insufficient funds. You then bear the costs and the resultant handling charge of EUR 10.00 (for example, the payment service provider fees). We are entitled to collect these amounts together with the original fees from your account. You have the right to prove that damage has not been incurred, or not in the amount demanded.
  14. In case of delayed payment, regardless of your continuing obligation to pay, we are entitled to suspend our services and to block the account. A service fee does not apply in this period. Furthermore, we are entitled in any case to apply the applicable legal interest rate above the applicable base rate, currently in the amount of 5 percentage points.
  15. In the context of adapting and updating the game as outlined in paragraphs 7.2 and 7.3 of these Terms, we will offer new premium services, items or currency, or may change existing ones or discontinue others, for future participation in the game. In the event of such a change or adjustment, we will allow you to implement and use premium services that have been acquired, as well as items or currencies, within a previously announced timeframe. As a user, we can offer you an alternative to convert acquired premium services, items and currencies for a credit that can be used elsewhere. In the event of discontinuation of a particular game you have the right to use the acquired premium services, items and currency until the actual discontinuation and convert them to a credit that can be used in another game, as long as we are operating another suitable game at that particular time. Further claims by you are excluded.We are entitled to change the prices for Premium Services at our own discretion.

 

9. Withdrawal, cancellation with respect to premium services

Cancellation policy



Withdrawal



You have the right to withdraw from this contract within fourteen days of conclusion without the need for explanation.

The withdrawal period is fourteen days from the contract conclusion date.

To exercise your right of withdrawal, you have to inform us (celanda GmbH, Scanbox # 01906, Ehrenbergstr. 16a, 10245 Berlin, Germany; Tel.: +49 700 2352 6320; Email support@celanda.de) by means of a clear statement (e.g., with mailed letter, email) about your decision to withdraw from this contract. You can use this sample withdrawal form, which however is not required.

Sending notification stating that you wish to exercise your right of withdrawal within the cancellation period is sufficient to meet the cancellation deadline.

Consequences of withdrawal



If you cancel this agreement, we have to immediately refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than that offered by us, cheapest standard rate), at the latest within fourteen days from the date on which the notification has been received regarding your cancellation of this contract with us. We will use the same method of payment that you used in the original transaction, unless otherwise expressly agreed upon; you shall not be charged any fees for this reimbursement.

End of the Cancellation Policy.

Special note regarding the premature expiration of the right of withdrawal:



Your right of withdrawal expires prematurely if the implementation of the agreement started before the end of the withdrawal period after you, as a user, expressly provided your consent for it and have noted that as a result, you consequently forfeit the right of withdrawal with the start of the execution of the contract.

You agree that all sales of virtual money and virtual goods by us to you are valid and we do not issue refunds for transactions once they are completed. As a consumer resident in the European Union you have certain rights to withdraw from distance purchases in that you recant your contractual declaration (see the above Cancellation policy regarding your Withdrawal).

By acquiring a license for the use of virtual goods or virtual money with us, however, you agree and declare that you agree that the provision of our order-related services begins immediately with the completion of a sale, and your right of withdrawal (right to cancel your contractual declaration, right of withdrawal) is therefore already extinguished at this particular moment.

The “purchase” is then considered complete once it has been validated by our servers (detectably implemented) and the ordered virtual goods or the virtual money has been successfully credited to your account on our servers.

 

10. Contract Term and Termination

  1. The License Agreement and/or the premium service level agreement between you and us will be concluded for an indefinite period unless otherwise specified in the concrete offer from us. Different provisions may apply to the provision of premium services.
  2. If the License Agreement has not been chosen for a defined term, it can be canceled at anytime without having to provide a reason.
  3. The Premium agreement can be terminated with notice by both us and by you within a period of three (3) months. Ordinary termination requires no explanation.
  4. Both our and your rights to terminate the License Agreement or the Premium License Agreement at any moment for an important reason remain unaffected by the above provisions.
  5. We are particularly but not exclusively entitled to terminate the License Agreement or the premium service level agreement for cause if
    1. You fall in arrears with the payment of charges for an amount of at least 2 euros and despite a reminder notice still do not pay,
    2. If you do not balance your account, which according to para. 13.8 is in the negative, in spite of a request from us with a time limit for payment,
    3. You culpably transgress the game rules, laws or these Terms and Conditions, in spite of being warned,
    4. You commit offenses and/or
    5. a breach of paras. 11 or 12.3 exists and despite a request and expiry of a stated period of notice is not corrected or repeated despite warning.
  6. If not provided in the game, the possibility of termination (e.g., delete function), a termination must be made (by letter, email) in written form. When issuing extraordinary notice, specifying the grounds for termination is required.
  7. For technical reasons, the final deletion of your account and your user data only takes place with a delay of several days.
  8. In the case of ordinary termination by you or a notice for good cause you issued by us, you cannot reclaim the charges you have paid, with effective date of termination. As a user, you have the opportunity to use premium points and purchased items up until the effective date of termination; thereafter, you shall have no claims for reimbursement against us, especially not in the event of any unused premium services. There are then no longer claims to provision of premium services. Further, we are authorized to demand the sum of all charges that you still would have had to pay (especially for already ordered premium services). Your right to prove that no damages or significantly lower damages exist or have occurred remains unaffected.

 

11. Security, manipulating the software, fraudulent acts

  1. You are not authorised as a user to use mechanisms, software, programs or other routines that could disrupt our systems. The user may not take any action that might lead to an undue overloading of the systems. The use of special software, in particular for the systematic or automatic control of games or individual game functions for the reproduction or evaluation of the games is not permitted.
  2. It is forbidden to exploit bugs or errors in the programming of games and during the game, which can be of an advantage for the user, for his own and/or for other purposes. If you discover bugs (program errors), you must submit this to us immediately. If you have improperly benefitted from these errors, these are to be – in as far as possible – reimbursed. If bugs and/or errors have been exploited intentionally or made public on the Internet or on mobile applications, this can lead to immediate termination of the License Agreement and to account deletion.
  3. Using software that allows gathering of information or otherwise enables “data mining” in connection with information related to the game is prohibited.
  4. It is prohibited to use items or currency units outside the games to buy, sell, or swap for real money.

 

12. Your obligations as user

  1. As a user you confirm that data provided during the registration and the details given to us are true and complete in the context of the use of premium services. You agree to notify us immediately of any changes to your data and to confirm the accuracy of the data upon request.
  2. You agree to abide by the provisions of these Terms, to observe the rules of the game and our arrangements, and to comply with our staff and agents. This includes the administrators and moderators instructions (“community managers”, “supporters”) in forums for the game.
  3. As a user, you will refrain from anything that threatens or interferes with the operation and functioning of the game and the fruitful cooperation of other users. Hereby it is especially prohibited:
    1. to use the account of another user,
    2. to choose a username that infringes upon the rights of third parties (in particular copyright, moral rights, trademark rights, corporate rights, etc.) or violates public morals, e.g., injures religious feelings of third parties, is racist or discriminatory,
    3. to select an email or Internet address as a user name and/or to simulate email/web addresses and to point or refer to websites, forums or platforms (e.g., social media platforms.) that are illegal and/or in violation of the law, or to propagate them,
    4. to conduct identity theft,
    5. to use, implement or publish bullying, threatening, harassing, insulting or defamatory contents or similar material linking it to another website, regardless of who is affected by this content,
    6. to produce discriminatory content (e.g., hate speech against persons and/or groups, in particular on grounds of race, ethnic origin, religion, disability, gender, age, sexual orientation), including that which is political, immoral, pornographic, morally reprehensible, offensive, violent, violence glorifying, sexist, espousing right or left-wing extremism or against laws, particularly child protection laws, using offensive content, setting up, publishing or linking corresponding material to a third-party website or advertising, offering or propagating such content or offensive products illegally, in particular against child protection laws,
    7. to violate any laws or instigate violations of the law or to link to corresponding posts,
    8. to publish, reproduce, make publicly available or distribute protected content, especially in violation of intellectual property rights (e.g., copyright, trademark, patent, design or utility model law)
    9. to advertise, offer or sell goods or services,
    10. to engage in or promote practices considered to be unfair competition, including progressive customer acquisition practices (such as chain letter, snowball or pyramid schemes),
    11. to solicit users to provide personal information for commercial or unlawful purposes or to provide and/or transmit access data,
    12. to organize commercial activities and/or third party sales, or to advertise or link to this, for example, advertisements, sweepstakes, contests, lotteries, barters, pyramid schemes,
    13. to reproduce a picture of another person or make them publicly available, without the written consent of the person concerned (rights to one’s own image)
    14. to publish personal data and confidential information without being entitled to do so,
    15. to use Fitness Race and the services offered and other services for personal profit or commercial use,
    16. to publish or disseminate content, to cause damage to networks, servers, or other infrastructure that interferes with the operation or accesses such (e.g., use of worms, Trojans, viruses, spyware, password phishing, etc.).
  4. Intentional false entries, the use or placing of inappropriate content or violations under paragraphs 11 and 12.3, or the abuse of data entitle us to immediate termination. We additionally reserve the right to further legal action.
  5. Should you become aware that content other users have placed online is untrue and/or violate the rights of third parties or are otherwise inadmissible or that person listed as the sender and/or the “avatar” or the user name is in fact not the author/dispatcher who has placed the contents, and that such was done to deceive other users and players, then the following applies: Given that we have the right to delete such content, among other things, you should communicate this to us at abuse@fitness-race.com indicating the content or location of it.
  6. We are entitled to the deletion of user generated content. This is especially true for content that violates the TaC and/or laws.

 

13. Granting of rights, mobile app software, players (avatars)

  1. Mobile apps and games require the installation of software on your device (“Mobile App Software”). As a user you acknowledge that all rights to the mobile app software belong to us and possibly our licensors. We make this mobile app software available to you and grant you hereto the simple rights for private use on your device. Furthermore, the mobile app software must not be reproduced or made publicly available on the Internet or over a network or stored on media. It must also not be commercially used or exploited. Moreover, editing it, making the source code readable and the reconstruction of it (“reverse engineering”) is prohibited. The instigation of third parties or abetting such acts is prohibited. These rights granted may be revoked at any time without providing any reasons for doing so. In this case, as a user you must delete the mobile app software on your device. The authorisation to use the granted rights expires at the latest with expiry of your License Agreement.
  2. With respect to the mobile app, the terms of the “Stores” and the rights granted therein also apply in addition to those outlined in para. 13.1 of these Terms. Accordingly, you as a user are granted the simple rights for private use on any device that you own and control with respect to the downloaded mobile app or the mobile app software.
  3. If, as part of the game or in forums operated by us, you make information via text, photos, graphics, videos, links, music, etc. (“Content”) available, you thereby gratuitously grant us the simple, spatially unrestricted right to reproduce such and also to make such available which is related to the game and on the forums and social media platforms. You are responsible for this information yourself, as we have no control over such content. Therefore, We do not make these contents our own and we do not check the content, either. Should we nevertheless become aware of illegal content or content according to section 12.3, this content will be removed immediately.
  4. With respect to content created by you (see above para. 13.3) and their transfer via our Services, you agree
    1. to waive any rights to the content created by you,
    2. that we are not obligated to protect any rights to the content that you create and sending to us and/or make publicly available about us. But you grant us the right and authorisation to assert any of your entitled rights, if we wish, including taking legal measures, at our expense, in your name.
  5. You play the game with the user name game figure created by you, your “avatar” and “character”. You have no rights to your game figure, no copyright or other similar rights. In case of cancellation of your account – whether as a result of termination or immediate termination due to legal and/or breach of contract – your user name and your “avatar” is also deleted.
  6. If content is designated with proprietary notes (such as copyright notes or marks and names, etc.), these proprietary notes must be used and reproduced in the event of reproduction or distribution, within the permitted usage.
  7. As a user, you exclude us from all claims, including claims for damages asserted by other users or third parties against us because of a violation of their rights by your behavior and/or by the placing of your content or data. Thereby, you shall also reimburse us for incurred reasonable costs, in particular the costs incurred by us through the legal defense, where required. All other rights, including damage claims by us, remain unaffected. Your above obligations do not apply if you are not responsible for the infringement. If third-party rights are violated by your use of the game and services, you will immediately stop the behavior causing the breach of contract and/or illegal use, upon our request.

 

14. Accessibility, Risk

  1. We ensure the accessibility of the game in the context of technical feasibility. This excludes times of the regular maintenance of the games, and times when the game is inaccessible, due to force majeure, intervention by third parties or other problems that are not in our sphere of influence or that of our agents.
  2. You use the Internet at your own risk. We are responsible for the unavailability of the games only insofar as there is intent or gross negligence or due to injury to life, limb or health (see paras. 16.1. – 16.4.). We are not liable for a technical failure of the Internet and/or access to the Internet. We have no influence on the transmission of data over the Internet. We therefore assume no guarantee that interactive processes will reach you, updated and accurate, nor that the data exchange takes place at a particular data rate.

 

15. Warranty for defects

  1. With the License Agreement, we grant you as a user the ability to use the game in its current version. You are aware that the game as offered by us – like any software – can never be completely free of errors.
  2. Deficiencies identified by you must be reported immediately after the discovery. As proof, you should formulate a written document (e.g., letter or email) and send it to us. Before reporting a possible error, you should first review all support pages and FAQ pages and also any announcements in the forums and/or social media platforms. To the extent possible, you are obligated to contribute to the elimination of deficiencies in the game.
  3. Excluded from the warranty are defects caused by external influences (e.g., such as third party intervention), your own human errors or force majeure.

 

16. Limitation of Liability

Basically, any liability on our part is excluded and only takes place according to the following rules:

  1. We are liable for damages and compensation for wasted expenditure (“compensation”) for breach of contractual or non-contractual obligations
    1. in the case of intent or gross negligence,
    2. negligent or deliberate injury to life, limb or health,
    3. negligent or intentional violation of contractual obligations,
    4. due to the assumption of a guarantee,
    5. legal basis of mandatory, for example, liability.
  2. Compensation for the breach of contract, which are those that only enable the fulfilment of the proper execution of the contract which endangers the fulfilment of the contract and on whose compliance you regularly rely as a user (cardinal obligations), is limited to the typical, foreseeable damage, unless intent or gross negligence or liability for injury to life, limb or health or the assumption of a guarantee or product liability occurs.
  3. The foregoing limitations in clauses 16.1 and 16.2 shall also apply with regard to the personal liability of our employees, shareholders, legal and/or other representatives, organs and their members, community managers, moderators, supporters and other assistants.
  4. We explicitly dissociate ourselves from the content of all pages on which direct or indirect references (so-called “links”) are made to our offer. We assume no liability for this content and these sites. The providers of the pages in question are responsible for the contents of these sites. A liability by us – in any form – for rights violations and/or the like through content on this site, we cannot accept and is therefore excluded.

 

17. Health risks/prevention/control

  1. No medical and/or health advice of any kind is connected with the game, the License Agreement, the premium services and the content of these Terms and Conditions (“Terms of Use”). As a user, it should be possible for you to have fun and experience enjoyment when playing the game, tracking the distance traveled by you in the steps of your workouts or in your daily life.
  2. Prior to participating in the game, it is incumbent upon you to undergo a medical examination or to seek medical advice to rule out health risks.
  3. We cannot assume liability for any injury or negative consequences, as we have no influence on your health status and your constitution.
  4. To this extent, the limitation of liability under paragraph 16 does not apply because its accuracy is impossible in terms of damage to health, since it is solely your responsibility to take care of your health and to submit to medical treatment or medical examinations, before participating in the game.

 

18. Data protection

The privacy policy contains Information about the type, scope, location and purpose of the collection, processing and use in terms of the contract and the personal data necessary for the execution of orders, and for sending the newsletter by us, as well as your right to information and the right to rectification, blocking and deletion. You can find it here.

 

19. Dispute Settlement

Since February 2016, the European Union has had an online platform that serves to settle disputes between consumers and merchants in connection with online purchase agreements. The platform can be accessed at:



http://ec.europa.eu/consumers/odr/



You can get in touch with us via email at support@fitness-race.com.

 

20. Final provisions – Place of Performance/Choice of Law/Jurisdiction

  1. The place of performance is our company headquarters located in Berlin.
  2. The law of the Federal Republic of Germany, excluding the UN Sales Convention and the exclusion of conflict of laws, shall apply. Mandatory rules of the country in which you (consumers) reside, in which you are not a businessman, where you have your habitual residence, remain unaffected.
  3. For disputes with you, your legal jurisdiction applies if you have a general jurisdiction in the Federal Republic of Germany, if for a consumer it is the principle domicile if we do not seek to make claims for debt payment claims. For disputes arising from legal transactions with merchants, legal persons of public law or public special assets, the exclusive jurisdiction is Berlin, for all cases.
  4. For problems of interpretation, the German text of these Conditions shall apply, if you are reading the Terms and Conditions in a language other than German. Translation into other languages is merely for your convenience.
  5. If one or more provisions of these Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions.