Chromatrix GmbH, Kalkofenstraße 2, 72411 Bodelshausen, Handelsregister Stuttgart HRB 382262, Umsatzsteuer-IdNr. DE208326633, hereinafter referred to as Chromatrix, obliges all users of the games offered on the websites of Chromatrix GmbH to accept the following general terms and conditions.
These GTC are effective as of 25.05.2018.
§ 1 Services
§ 1.1 Conditions of participation
To participate at a game of Chromatrix, each user has to accept the General Terms and Conditions. Chromatrix does not guarantee a worldwide use of the games.
§ 1.2 Liability
Chromatrix is attempting to ensure that services are available. However, some services may not be available on-demand. The occurrence of any disadvantages for a user resulting from server breakdowns, faulty programming etc. does not entitle the user to claim the recovery of his/her account’s status before the occurrence. Chromatrix is not liable in any way for server breakdown, faulty programming etc. See § 8 of this General Terms and Conditions concerning liability terms.
§ 2 Participation
§ 2.1 Registration
By signing up a new Account the user participates on a Chromatrix game and/or board. The user must use a valid e-mail address. To ensure your proper registration and to prevent unauthorized registrations by third parties, you will receive an activation link by e-mail after registration to activate your account. Only after successful registration do we permanently store the data transmitted by you in our system. Chromatrix reserves the right to test this at any time.
The legal basis for the processing of these data is your consent pursuant to Art. 6 para. 1 sentence 1 a) DSGVO.
§ 2.2 Termination by User
The participation may be terminated by the user by deleting the account. The erasure of data information may be delayed for technical reasons. Upon termination, the user’s e-mail address will be permanently deleted.
§ 2.3 Termination by Chromatrix
Chromatrix reserves the right to delete or to block accounts, in a case of violation of these General Terms and Conditions or Game/Board Rules. Chromatrix decides if an account is deleted. There is no legal claim with regards to account termination. Upon termination, the user’s e-mail address will be permanently deleted.
§ 2.4 Database, Operation
No user has any claim to the continued existence of data or the operation of the games of Chromatrix. As far as Chromatrix provides closing the operation of a game or service, user will be noticed via E-Mail sent to the e-mail address of the account. From this day of delivery Chromatrix guarantees a residual term for the operation of the services by twelve months at least. It is the responsibility of the user to ensure that this e-mail address is valid and able to be accessed. There is no legal claim with regards to closing the operation of a game or service.
Under keeping of the terms above mentioned, Chromatrix reserves the right to close operation and services, and to erase all data. By deleting an account all data related to this account, e-mail address, data of avatar, purchased permits for adventures etc., may be deleted irreversibly.
§ 2.5 Refund
The user is not entitled to claim refunds except if the participation was terminated by Chromatrix and the user did not cause the termination through a breach of the General Terms and Conditions, the Game/Board Rules or the applicable law. The user is not entitled to claim refunds if Chromatrix closes the operation and services of the games with respect to terms of § 2.4.
§ 2.6 Miscellaneous
If an account is financed by a user, the user gains only the rights he/she paid for (e.g. usage of an account, permits for adventures, special functions) and is not in the position to make a further claim. All rights stay with Chromatrix.
§ 3 Contents and Responsibility
Chromatrix may provide a platform that allows users to communicate with each other. Users are responsible for the contents of their communication. Pornographic, xenophobic, offensive and illegal content are not permitted and are not within the responsibility of the carrier Chromatrix. It is not allowed to bring in advertisement for other product, third party programs or works protected by copyright or other laws. Violations could lead to a direct deletion or blockage from any and all Chromatrix services.
§ 4 Prohibited Actions
§ 4.1 Manipulative Actions
No user has the right to use any actions, processes, algorithms, programs, mechanism or software in conjunction with any site of the game which could interfere with the function and development of the game. Users are not permitted to take actions, which cause an unacceptable or excessive strain of technical capacities. Users are not permitted to block, overwrite, or modify content which was generated by Chromatrix.
§ 4.2 Prohibited Programs
It is prohibited to use scripts and completely or partially automated programs in conjunction with any site of the game that provide advantages towards other users. The only exemptions from this are programs which have explicitly obtained permission from Chromatrix.
§ 4.3 Modification, Disassembling
It is prohibited to use any processes, algorithms, programs, mechanism, software or any other action to modify, restructure and/or disassembly the game in whole or in parts.
§ 4.4 Other kind of usage
It is prohibited to use the game in whole or in parts (mainly, but not exclusively texts and graphics) in any other kind than they are purposed to be as they are at the sites of Chromatrix.
§ 5 Restrictions
§ 5.1 Limited records for avatars
By signing up a new Account the user gets a limited amount of records for avatars. Avatars are virtual heroes. Once a hero is created the user can not delete him later on anymore.
§ 5.2 Rules
Every single hero of a user can terminate a certain adventure, he got permit to play, only once. An adventure may contain several endings leading to termination. A user can play a certain adventure, he has permit to play, with each of his heros one after the other. Because of technical reasons the user can only play one single adventure at a certain time. Chromatrix reserves the right to change the rules. More rules can be found on the websites of Chromatrix.
§ 5.3 Blocking
Users can be blocked temporarily or continuously at Chromatrix discretion. The blocking could also be for any and/or all services.
§ 6 Data protection
§ 6.1 Storage of personal data
Chromatrix reserves the right to store personal data of users in order to supervise the obedience of users to the General Terms and Conditions, the rules, and the applicable laws. Subject to storage are the registered email address and other data entered by the user. Also stored may be the IP address in connection to time and connection method. In boards the profile data which is entered by the user is stored.
Unless specifically stated, we only store personal data for as long as is necessary to fulfil the purposes pursued. In some cases, the legislator provides for the storage of personal data, for example in tax or commercial law. In these cases, the data will only be stored by us for these legal purposes, but will not be processed in any other way and deleted after expiry of the legal retention period.
§ 6.2 Transmission and usage of data
Chromatrix reserves the right, in compliance with the German Data Protection Act and all other applicable legal statutes, to disclose personal Data for purchase processing and legal authorities, if it is required for, and as far as necessary, the protection of the carriers interests and rights or the protection of the authorities legal duties.
In addition to that, user data can be given away to third parties for promotional issues or be used for own promotional issues.
§ 6.3 Objection
The user can object to the storage of personal data at any time. As the participation of games requires the storage of personal data for technical reasons, the user account will be deleted on receipt of the objection at the earliest possible time, subject to technical availability.
§ 6.4 Data security
We strive for the security of your data within the scope of the applicable data protection laws and technical possibilities. Your personal data will be transmitted encrypted. This applies to your orders and also to the customer login. We use the SSL (Secure Socket Layer) coding system, but point out that data transmission over the Internet (e.g. communication by e-mail) can have security gaps. A complete protection of data against access by third parties is not possible. To secure your data, we maintain technical and organisational security measures in accordance with Art. 32 DSGVO.
§ 7 Rights of the carrier regarding the accounts
§ 7.1 General rights
All accounts, including their avatars (heros), equipment, experience points, skills, manoeuvres etc. are virtual objects of the game. The user does not obtain ownership or any other rights to the account. All rights are reserved by the carrier. No rights, in particular exploitative rights, are assigned to the user.
§ 7.2 Prohibition of exploitation
Without written permission of Chromatrix, it is prohibited to agree with third parties upon the transfer, the utilization or the provision of accounts or access data. In particular, it is prohibited to sell accounts in whole or in parts, or resources, or to make any other profit by leaving accounts or resources to third parties. The same applies to selling access data, rights of utilization as well as any other attempt to evade this regulation.
§ 8 Liability
Chromatrix is not liable for any damages caused by the use of games of Chromatrix, except for damages that were caused willfully or by gross negligence as well as all damages from death or personal injury.
Chromatrix therefore reminds users that excessive participation in computer games involves the risk of serious personal injury.
§ 9 Modification of General Terms and Conditions
Chromatrix reserves the right to modify or extend these General Terms and Conditions at any time.
§ 10 Payment
§ 10.1 Type of payment
All payments are one-time payments to purchase certain services or permits in terms of the rules and the rights of use as mentioned in these General Terms and Conditions.
§ 10.2 Maturity
The payment is mature for the user after the completion of the buying process. The collection of the payment is done by the provider who is authorised for this type of payment.
§ 10.3 Back load
If the payment method (cell phone credit, bank credit) does not contain sufficient funds a return debit note will then ensue. Following this there is automatically an administrative charge of an additional €10.00 per backdated payment if the User does not prove a lesser claim. After a rejected payment from a credit card payment the administrative charge is €40.00 if the User does not prove a lesser claim. Until the full payment of the commitment is received, the user is excluded from the game.
§ 10.4 Reminder
If there is an arrears of payment a reminder will be sent to the e-mail address registered to the user account. It is the responsibility of the user to ensure that this e-mail address is valid and able to be accessed.
§ 10.5 Default
Users are also considered to be in default without a reminder if payment is not received 14 days after the maturity of the payment.
§ 10.6 Collection
In the event of non-payment, a reminder (or in case of delay, the payment case) may be referred to a collection firm with all required data from the user. Costs incurred thereby and thereafter are the responsibility of the user.
§ 11 Revocation / Termination
There is no right of revocation in particular because of § 312b III Nr. 6 BGB.
§ 12 Data protection / Integration of third parties
Chromatrix avails itself of the assistance of third parties because of the completion of payment procedures. Please notice the general terms and conditions of the third parties.
The user is permitted to contest these General Terms and Conditions until 14 days after their publication. Taking part in the game without accepting the General Terms and Conditions is not possible out of technical reasons, as because of that contesting the General Terms and Conditions whilst playing following acceptance of them is the same as a termination and leads to an exclusion from the game. Contesting the General Terms and Conditions could also be declared with a deletion of the account.
§ 13 Applicable law
German law is exclusively applicable for all legal matters with regards to Chromatrix. If several areas of jurisdiction are applicable, the area of jurisdiction is that which governs Chromatrix. In international legal matters the courts at the jurisdiction of Chromatrix are solely responsible.