In Germany you can buy our games everywhere where you can buy games and books
Terms & Conditions
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between
you, whether personally or on behalf of an entity (“you”) and Schwickert +
Bach + Fischer GbR, doing business as Spielköpfe (“Spielköpfe“, “we”,
“us”, or “our”), concerning your access to and use of
the https://spielkoepfe.de/?lang=en website as well as any other media
form, media channel, mobile website or mobile application related, linked,
or otherwise connected thereto (collectively, the “Site”). We are registered
in Germany and have our registered office at Kuhnkestr. 6, Spielköpfe, Kiel,
Schleswig-Holstein 24118. Our VAT number is DE337393053. You agree
that by accessing the Site, you have read, understood, and agreed to be
bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL
OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on
the Site from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use from time to time. We will alert you
about any changes by updating the “Last updated” date of these Terms of
Use, and you waive any right to receive specific notice of each such
change. Please ensure that you check the applicable Terms every time you
use our Site so that you understand which Terms apply. You will be subject
to, and will be deemed to have been made aware of and to have accepted,
the changes in any revised Terms of Use by your continued use of the Site
after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use this Site. You may not use the Site
in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 13 years of age. All users
who are minors in the jurisdiction in which they reside (generally under the
age of 18) must have the permission of, and be directly supervised by, their
parent or guardian to use the Site. If you are a minor, you must have your
parent or guardian read and agree to these Terms of Use prior to you using
the Site.
These Terms of Use constitute a legally binding agreement made between
you, whether personally or on behalf of an entity (“you”) and Schwickert +
Bach + Fischer GbR, doing business as Spielköpfe (“Spielköpfe“, “we”,
“us”, or “our”), concerning your access to and use of
the https://spielkoepfe.de/?lang=en website as well as any other media
form, media channel, mobile website or mobile application related, linked,
or otherwise connected thereto (collectively, the “Site”). We are registered
in Germany and have our registered office at Kuhnkestr. 6, Spielköpfe, Kiel,
Schleswig-Holstein 24118. Our VAT number is DE337393053. You agree
that by accessing the Site, you have read, understood, and agreed to be
bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL
OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on
the Site from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use from time to time. We will alert you
about any changes by updating the “Last updated” date of these Terms of
Use, and you waive any right to receive specific notice of each such
change. Please ensure that you check the applicable Terms every time you
use our Site so that you understand which Terms apply. You will be subject
to, and will be deemed to have been made aware of and to have accepted,
the changes in any revised Terms of Use by your continued use of the Site
after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use this Site. You may not use the Site
in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 13 years of age. All users
who are minors in the jurisdiction in which they reside (generally under the
age of 18) must have the permission of, and be directly supervised by, their
parent or guardian to use the Site. If you are a minor, you must have your
parent or guardian read and agree to these Terms of Use prior to you using
the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics on the Site (collectively, the
“Content”) and the trademarks, service marks, and logos contained therein
(the “Marks”) are owned or controlled by us or licensed to us, and are
protected by copyright and trademark laws and various other intellectual
property rights and unfair competition laws of the United States,
international copyright laws, and international conventions. The Content
and the Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of Use, no
part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for
any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are granted a limited
license to access and use the Site and to download or print a copy of any
portion of the Content to which you have properly gained access solely for
your personal, non-commercial use. We reserve all rights not expressly
granted to you in and to the Site, the Content and the Marks.
Unless otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics on the Site (collectively, the
“Content”) and the trademarks, service marks, and logos contained therein
(the “Marks”) are owned or controlled by us or licensed to us, and are
protected by copyright and trademark laws and various other intellectual
property rights and unfair competition laws of the United States,
international copyright laws, and international conventions. The Content
and the Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of Use, no
part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for
any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are granted a limited
license to access and use the Site and to download or print a copy of any
portion of the Content to which you have properly gained access solely for
your personal, non-commercial use. We reserve all rights not expressly
granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2) you
will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal capacity and
you agree to comply with these Terms of Use; (4) you are not under the age
of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a
minor, you have received parental permission to use the Site; (6) you will
not access the Site through automated or non-human means, whether
through a bot, script or otherwise; (7) you will not use the Site for any illegal
or unauthorized purpose; and (8) your use of the Site will not violate any
applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Site (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your account
and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
– Visa- Mastercard- American Express- PayPal- Prepayment- Instant
bank transfer
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Site. You further agree
to promptly update account and payment information, including email
address, payment method, and payment card expiration date, so that we
can complete your transactions and contact you as needed. Sales tax will
be added to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in Euros.
You agree to pay all charges at the prices then in effect for your purchases
and any applicable shipping fees, and you authorize us to charge your
chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing, even if we
have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may,
in our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or
under the same customer account, the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers, or distributors.
7. RETURN POLICY
Please review our Return Policy posted on the Site prior to making any
purchases.
8. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in connection
with any commercial endeavors except those that are specifically endorsed
or approved by us.
As a user of the Site, you agree not to:
We make every effort to display as accurately as possible the colors,
features, specifications, and details of the products available on the Site.
However, we do not guarantee that the colors, features, specifications, and
details of the products will be accurate, complete, reliable, current, or free of
other errors, and your electronic display may not accurately reflect the
actual colors and details of the products. All products are subject to
availability, and we cannot guarantee that items will be in stock. We reserve
the right to discontinue any products at any time for any reason. Prices for
all products are subject to change.
features, specifications, and details of the products available on the Site.
However, we do not guarantee that the colors, features, specifications, and
details of the products will be accurate, complete, reliable, current, or free of
other errors, and your electronic display may not accurately reflect the
actual colors and details of the products. All products are subject to
availability, and we cannot guarantee that items will be in stock. We reserve
the right to discontinue any products at any time for any reason. Prices for
all products are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
– Visa- Mastercard- American Express- PayPal- Prepayment- Instant
bank transfer
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Site. You further agree
to promptly update account and payment information, including email
address, payment method, and payment card expiration date, so that we
can complete your transactions and contact you as needed. Sales tax will
be added to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in Euros.
You agree to pay all charges at the prices then in effect for your purchases
and any applicable shipping fees, and you authorize us to charge your
chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing, even if we
have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may,
in our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or
under the same customer account, the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers, or distributors.
7. RETURN POLICY
Please review our Return Policy posted on the Site prior to making any
purchases.
8. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in connection
with any commercial endeavors except those that are specifically endorsed
or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
Circumvent, disable, or otherwise interfere with security-related
features of the Site, including features that prevent or restrict the use
or copying of any Content or enforce limitations on the use of the Site
and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Site.
Use any information obtained from the Site in order to harass, abuse,
or harm another person.
Make improper use of our support services or submit false reports of
abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or
regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the
Site or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any
Content.
Attempt to impersonate another user or person or use the username
of another user.
Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the
networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or
restrict access to the Site, or any portion of the Site.
directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
Circumvent, disable, or otherwise interfere with security-related
features of the Site, including features that prevent or restrict the use
or copying of any Content or enforce limitations on the use of the Site
and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Site.
Use any information obtained from the Site in order to harass, abuse,
or harm another person.
Make improper use of our support services or submit false reports of
abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or
regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the
Site or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any
Content.
Attempt to impersonate another user or person or use the username
of another user.
Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the
networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or
restrict access to the Site, or any portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in
any way making up a part of the Site.
Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Site, or using or launching
any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the
Site.
Make any unauthorized use of the Site, including collecting
usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use
the Site and/or the Content for any revenue-generating endeavor or
commercial enterprise.
Use the Site to advertise or offer to sell goods and services.
PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in
any way making up a part of the Site.
Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Site, or using or launching
any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the
Site.
Make any unauthorized use of the Site, including collecting
usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use
the Site and/or the Content for any revenue-generating endeavor or
commercial enterprise.
Use the Site to advertise or offer to sell goods and services.
9. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide
you with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the Site,
including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material
(collectively, “Contributions”). Contributions may be viewable by other users
of the Site and through third-party websites. As such, any Contributions you
transmit may be treated in accordance with the Site Privacy Policy. When
you create or make available any Contributions, you thereby represent and
warrant that:
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize
us, the Site, and other users of the Site to use your Contributions in
any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any
manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
10. CONTRIBUTION LICENSE
You and Site agree that we may access, store, process, and use any
information and personal data that you provide following the terms of the
Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree
that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided
by you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from any
and all responsibility and to refrain from any legal action against us
regarding your Contributions.
Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence
against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or
rule.
Your Contributions do not violate the privacy or publicity rights of any
third party.
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being
of minors;
Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable law
or regulation.
Any use of the Site or the Marketplace Offerings in violation of the foregoing
violates these Terms of Use and may result in, among other things,
termination or suspension of your rights to use the Site and the Marketplace
Offerings.
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence
against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or
rule.
Your Contributions do not violate the privacy or publicity rights of any
third party.
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being
of minors;
Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable law
or regulation.
Any use of the Site or the Marketplace Offerings in violation of the foregoing
violates these Terms of Use and may result in, among other things,
termination or suspension of your rights to use the Site and the Marketplace
Offerings.
10. CONTRIBUTION LICENSE
You and Site agree that we may access, store, process, and use any
information and personal data that you provide following the terms of the
Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree
that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided
by you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from any
and all responsibility and to refrain from any legal action against us
regarding your Contributions.
11. MOBILE APPLICATION LICENSE
Use License
If you access the Marketplace Offerings via a mobile application, then we
grant you a revocable, non-exclusive, non-transferable, limited right to
install and use the mobile application on wireless electronic devices owned
or controlled by you, and to access and use the mobile application on such
devices strictly in accordance with the terms and conditions of this mobile
application license contained in these Terms of Use. You shall not: (1)
except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the
application; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the application; (3) violate
any applicable laws, rules, or regulations in connection with your access or
use of the application; (4) remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark) posted by us or the
licensors of the application; (5) use the application for any revenue
generating endeavor, commercial enterprise, or other purpose for which it is
not designed or intended; (6) make the application available over a network
or other environment permitting access or use by multiple devices or users
at the same time; (7) use the application for creating a product, service, or
software that is, directly or indirectly, competitive with or in any way a
substitute for the application; (8) use the application to send automated
queries to any website or to send any unsolicited commercial e-mail; or (9)
use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the
application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from
either the Apple Store or Google Play (each an “App Distributor”) to access
the Marketplace Offerings: (1) the license granted to you for our mobile
application is limited to a non-transferable license to use the application on
a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the
applicable App Distributor’s terms of service; (2) we are responsible for
providing any maintenance and support services with respect to the mobile
application as specified in the terms and conditions of this mobile
application license contained in these Terms of Use or as otherwise
required under applicable law, and you acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and
support services with respect to the mobile application; (3) in the event of
any failure of the mobile application to conform to any applicable warranty,
you may notify the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price, if
any, paid for the mobile application, and to the maximum extent permitted
If you access the Marketplace Offerings via a mobile application, then we
grant you a revocable, non-exclusive, non-transferable, limited right to
install and use the mobile application on wireless electronic devices owned
or controlled by you, and to access and use the mobile application on such
devices strictly in accordance with the terms and conditions of this mobile
application license contained in these Terms of Use. You shall not: (1)
except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the
application; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the application; (3) violate
any applicable laws, rules, or regulations in connection with your access or
use of the application; (4) remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark) posted by us or the
licensors of the application; (5) use the application for any revenue
generating endeavor, commercial enterprise, or other purpose for which it is
not designed or intended; (6) make the application available over a network
or other environment permitting access or use by multiple devices or users
at the same time; (7) use the application for creating a product, service, or
software that is, directly or indirectly, competitive with or in any way a
substitute for the application; (8) use the application to send automated
queries to any website or to send any unsolicited commercial e-mail; or (9)
use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the
application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from
either the Apple Store or Google Play (each an “App Distributor”) to access
the Marketplace Offerings: (1) the license granted to you for our mobile
application is limited to a non-transferable license to use the application on
a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the
applicable App Distributor’s terms of service; (2) we are responsible for
providing any maintenance and support services with respect to the mobile
application as specified in the terms and conditions of this mobile
application license contained in these Terms of Use or as otherwise
required under applicable law, and you acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and
support services with respect to the mobile application; (3) in the event of
any failure of the mobile application to conform to any applicable warranty,
you may notify the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price, if
any, paid for the mobile application, and to the maximum extent permitted
by applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the mobile application; (4) you represent and
warrant that (i) you are not located in a country that is subject to a U.S.
government embargo, or that has been designated by the U.S. government
as a “terrorist supporting” country and (ii) you are not listed on any U.S.
government list of prohibited or restricted parties; (5) you must comply with
applicable third-party terms of agreement when using the mobile
application, e.g., if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the mobile
application; and (6) you acknowledge and agree that the App Distributors
are third-party beneficiaries of the terms and conditions in this mobile
application license contained in these Terms of Use, and that each App
Distributor will have the right (and will be deemed to have accepted the
right) to enforce the terms and conditions in this mobile application license
contained in these Terms of Use against you as a third-party beneficiary
thereof.
whatsoever with respect to the mobile application; (4) you represent and
warrant that (i) you are not located in a country that is subject to a U.S.
government embargo, or that has been designated by the U.S. government
as a “terrorist supporting” country and (ii) you are not listed on any U.S.
government list of prohibited or restricted parties; (5) you must comply with
applicable third-party terms of agreement when using the mobile
application, e.g., if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the mobile
application; and (6) you acknowledge and agree that the App Distributors
are third-party beneficiaries of the terms and conditions in this mobile
application license contained in these Terms of Use, and that each App
Distributor will have the right (and will be deemed to have accepted the
right) to enforce the terms and conditions in this mobile application license
contained in these Terms of Use against you as a third-party beneficiary
thereof.
12. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site or the Marketplace
Offerings (“Submissions”) provided by you to us are non-confidential and
shall become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby
waive all moral rights to any such Submissions, and you hereby warrant
that any such Submissions are original with you or that you have the right to
submit such Submissions. You agree there shall be no recourse against us
for any alleged or actual infringement or misappropriation of any proprietary
right in your Submissions.
13. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site or the Marketplace
Offerings) links to other websites (“Third-Party Websites”) as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to
or originating from third parties (“Third-Party Content”). Such Third-Party
Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third Party Websites accessed through the Site or
any Third-Party Content posted on, available through, or installed from the
Site, including the content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in the Third-Party
Websites or the Third-Party Content. Inclusion of, linking to, or permitting
the use or installation of any Third-Party Websites or any Third-
PartyContent does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or
install any Third-Party Content, you do so at your own risk, and you should
be aware these Terms of Use no longer govern. You should review the
applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Site or relating to
any applications you use or install from the Site. Any purchases you make
through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third
party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us harmless
from any harm caused by your purchase of such products or services.
Additionally, you shall hold us harmless from any losses sustained by you
or harm caused to you relating to or resulting in any way from any Third-
Party Content or any contact with Third-Party Websites.
be aware these Terms of Use no longer govern. You should review the
applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Site or relating to
any applications you use or install from the Site. Any purchases you make
through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third
party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us harmless
from any harm caused by your purchase of such products or services.
Additionally, you shall hold us harmless from any losses sustained by you
or harm caused to you relating to or resulting in any way from any Third-
Party Content or any contact with Third-Party Websites.
14. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for
violations of these Terms of Use; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Terms of Use,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the Site
or otherwise disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the Site in
a manner designed to protect our rights and property and to facilitate the
proper functioning of the Site and the Marketplace Offerings.
15. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: https://spielkoepfe.de/privacy-policy/?lang=en. By using the Site
or the Marketplace Offerings, you agree to be bound by our Privacy Policy,
which is incorporated into these Terms of Use. Please be advised the Site
and the Marketplace Offerings are hosted in Germany. If you access the
Site or the Marketplace Offerings from any other region of the world with
laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in Germany, then through your
continued use of the Site, you are transferring your data to Germany, and
you expressly consent to have your data transferred to and processed in
Germany. Further, we do not knowingly accept, request, or solicit
information from children or knowingly market to children. Therefore, in
accordance with the U.S. Children’s Online Privacy Protection Act, if we
receive actual knowledge that anyone under the age of 13 has provided
personal information to us without the requisite and verifiable parental
consent, we will delete that information from the Site as quickly as is
reasonably practical.
reasonably practical.
16. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the
Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS
OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE
OR PARTICIPATION IN THE SITE AND THE MARKETPLACE
OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting
on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site
at any time or for any reason at our sole discretion without notice. However,
we have no obligation to update any information on our Site. We also
reserve the right to modify or discontinue all or part of the Marketplace
Offerings without notice at any time. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of
the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be
available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Site or the
Marketplace Offerings at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Site or the
Marketplace Offerings during any downtime or discontinuance of the Site or
the Marketplace Offerings. Nothing in these Terms of Use will be construed
to obligate us to maintain and support the Site or the Marketplace Offerings
or to supply any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These conditions are governed by and interpreted following the laws of
Germany, and the use of the United Nations Convention of Contracts for
the International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally possess
the protection provided to you by obligatory provisions of the law in your
country to residence. Schwickert + Bach + Fischer GbR and yourself both
agree to submit to the non-exclusive jurisdiction of the courts of Schleswig-
Holstein, Kiel, which means that you may make a claim to defend your
consumer protection rights in regards to these Conditions of Use in
Germany, or in the EU country in which you reside.
These conditions are governed by and interpreted following the laws of
Germany, and the use of the United Nations Convention of Contracts for
the International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally possess
the protection provided to you by obligatory provisions of the law in your
country to residence. Schwickert + Bach + Fischer GbR and yourself both
agree to submit to the non-exclusive jurisdiction of the courts of Schleswig-
Holstein, Kiel, which means that you may make a claim to defend your
consumer protection rights in regards to these Conditions of Use in
Germany, or in the EU country in which you reside.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Terms of Use (each “Dispute” and collectively, the
“Disputes”) brought by either you or us (individually, a “Party” and
collectively, the “Parties”), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to this
contract shall be determined by one arbitrator who will be chosen in
accordance with the Arbitration and Internal Rules of the European Court of
Arbitration being part of the European Centre of Arbitration having its seat
in Strasbourg, and which are in force at the time the application for
arbitration is filed, and of which adoption of this clause constitutes
acceptance. The seat of arbitration shall be Kiel, Germany. The language of
the proceedings shall be English. Applicable rules of substantive law shall
be the law of Germany.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of
the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or unauthorized
use; and (c) any claim for injunctive relief. If this provision is found to be illegal
or unenforceable, then neither Party will elect to arbitrate any Dispute
20. CORRECTIONS
There may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the Marketplace Offerings,
including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Site at any time, without prior
notice.
21. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES
LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE
DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the Marketplace Offerings,
including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Site at any time, without prior
notice.
21. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES
LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE
DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO
ANY CAUSE OF ACTION ARISING . CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any
third party due to or arising out of: (1) use of the Site; (2) breach of these
Terms of Use; (3) any breach of your representations and warranties set
forth in these Terms of Use; (4) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (5) any overt
harmful act toward any other user of the Site with whom you connected via
the Site. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of
managing the performance of the Site, as well as data relating to your use
of the Site. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any activity
you have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.
solely responsible for all data that you transmit or that relates to any activity
you have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Site, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SITE. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require
an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic
means.
SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Site, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SITE. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require
an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic
means.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
27. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the
Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Terms of Use shall not operate as a waiver of
such right or provision. These Terms of Use operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations to
others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Terms of
Use is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Terms of Use and
does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms of Use or use of the
Site. You agree that these Terms of Use will not be construed against us by
virtue of having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Terms of Use and the lack
of signing by the parties hereto to execute these Terms of Use.
28. CONTACT US
In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
Schwickert + Bach + Fischer GbRKuhnkestr. 6SpielköpfeKiel,
Schleswig-Holstein 24118GermanyPhone: 0049 157
39122727hallo@spielkoepfe.de
virtue of having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Terms of Use and the lack
of signing by the parties hereto to execute these Terms of Use.
28. CONTACT US
In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
Schwickert + Bach + Fischer GbRKuhnkestr. 6SpielköpfeKiel,
Schleswig-Holstein 24118GermanyPhone: 0049 157
39122727hallo@spielkoepfe.de
These terms of use were created using Termly’s Terms and Conditions
Generator.
