Valid from 01 January 2020
1. subject matter; scope.
1.2 Memento 3D provides the download games, computer games, mobile games, online games and other service offers within the scope of its technical and operational possibilities with an availability of 80% (eighty percent) on an annual average. This does not include periods during which the use of the download games, online games, mobile games and other service offers is interrupted or impaired for compelling technical reasons or due to necessary maintenance work, without Memento 3D being liable for this under the provisions of this agreement. Also not covered are times in which the servers of Memento 3D or of the individual games cannot be reached via the Internet due to technical or other problems that are beyond the sphere of influence of Memento 3D (force majeure, fault of third parties, etc.).
1.3 Memento 3D updates, changes and further develops the computer games, online games, mobile games and other service offers at its own discretion. The User therefore only has the possibility to participate in the respective download games, computer game, online game, mobile game and other service offers in the respective current version. Memento 3D reserves the right to discontinue the operation of a computer game, online game, mobile game or individual services without giving reasons.
1.4 The download games, computer games, online games, mobile games and other services offered by Memento 3D serve the sole purpose of entertainment. Any use for profit or for commercial purposes is prohibited.
1.5 The user himself is responsible for the up-to-dateness and suitability of the software and hardware used by him.
1.7 For individual computer games, download games, online games, mobile games and other services, the user has the possibility to make use of the services of Memento 3D’s contractual partners. In this case a separate agreement shall be concluded between the user and the respective contractual partner of Memento 3D. The user shall be informed of this in a suitable manner before the conclusion of the contract.
1.9 Please be aware that there may be certain adult or mature content available on the Website. A warning will be shown to the User prior to adult content being displayed. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If we learn that anyone under the age of 18 seeks to conduct a transaction through the Services, we will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of the Website may not be available to children under 18 under any circumstances.
2. conclusion of contract
2.1 A prerequisite for the use of the download games, online games, mobile games and other service offers offered by Memento 3D is the download of the software. Some products also require the user to register and, if applicable, to install the respective software or application (app).
2.2 Registration is only permitted to natural persons. Only individual persons are permitted as users (no groups, families, life partners etc.).
2.3 Children and young people under 18 years of age are not prohibited from purchasing, downloading and/or registering in accordance with the German Youth Protection Act.
2.4 Users are not permitted to download the mobile games from the Apple App Store if
– are resident in a country that is subject to a U.S. government embargo or that is classified by the U.S. government as a country that supports terrorism
– are on a list of “prohibited or restricted parties” of the US government.
2.5 When registering for the online games, the user must provide a player name and, as a rule, an e-mail address registered to him or her, in the case of mobile games a player name. The user has no right to be assigned a specific player name. The chosen player name may not infringe the rights of third parties and may not violate existing legal prohibitions or offend common decency. Furthermore, no e-mail or internet address may be chosen as a player name. The user warrants that the information provided by him/her to Memento 3D during registration is true and complete.
2.6 For individual games, registration can also be carried out via Facebook, Google or Twitter login. The data required for registration is taken from the user account of the user.
2.7 The registration is personal. Registration by third parties, in particular third parties who register individual persons commercially with various service providers (registration services or entry services), is not permitted.
2.8 Upon successful registration, the user creates a user account (“User Account”), which the user can administer independently. The user account is not transferable without the express consent of Memento 3D.
2.9 There is no claim to registration and activation.
3. general obligations of the user
3.1 User data
The user undertakes to inform Memento 3D immediately of all future changes to the data provided by him/her within the scope of registration, in particular a change in the e-mail address. The user is obliged to confirm the correctness of his data to Memento 3D upon request.
3.2 Log-in data, identification and passwords
3.2.1 The user is obliged to keep his login data and his identification and password strictly confidential.
3.2.2 The term “log-in data” or “identification and passwords” refers to all letter and/or character and/or number sequences used to authenticate the user and to exclude use by unauthorised third parties. The password should not be identical with the player name and should contain a combination of numbers and letters.
3.2.3 The user is obliged to protect the log-in data and identification and passwords from access by third parties.
3.2.4 In the event that the user has reason to suspect that third parties have obtained or could have obtained the log-in data and identification and passwords without authorisation, he shall inform Memento 3D immediately and change his data or have them changed by Memento 3D. In this case or in the event that Memento 3D has concrete grounds for suspicion of misuse of the data, Memento 3D has the right to temporarily block the user’s access. If such indications exist, Memento 3D will inform the user of this.
3.2.5 The user is under no circumstances entitled to use the login data of another user.
3.3 Using the Memento 3D Internet pages and content
3.3.1 The Memento 3D Internet sites, download games and mobile games contain content of all kinds that are protected by trademark, copyright and other rights in favour of Memento 3D or in favour of third parties. Unless expressly permitted within the framework of these general terms and conditions of use, the user is not entitled to edit, reproduce, distribute, publicly reproduce, advertise or use the Memento 3D Internet pages, download games, mobile games or content made available through them or individual parts thereof beyond the contractually agreed purpose. Only technically required reproduction for browsing purposes and permanent reproduction for private use are permitted. Copyright notices and brand names may not be changed, suppressed or removed.
3.3.2 The term “content” refers to all data, images, text, graphics, pieces of music, sounds, sound sequences, videos, programs and software codes, and other information that is provided by Memento 3D. The term “content” also includes in particular all service offers made available for download.
3.3.3 The user undertakes to refrain from all measures that endanger or interfere with the functioning of the Memento 3D Internet pages, individual services and/or services offered thereon, the download games, online games or mobile games, as well as not to access data to which the user is not entitled. The retrieval of the contents made available may only take place in a way that does not impair the use of the Memento 3D Internet pages and contents by the other users. The sending of data or software that could influence the hardware or software of recipients is not permitted.
3.3.4 Any use of the Memento 3D Internet pages download games or mobile games for commercial, in particular advertising purposes, requires the express prior written consent of Memento 3D.
3.3.5 The user has no claim to the publication of contents on the Memento 3D Internet pages, in the download games, online games, mobile games or other services.
3.3.6 It is not permitted to use the Memento 3D Internet pages by means of anonymisation services that suppress the true IP address of the user.
3.4 Use of client software and download software
4. special conditions for the use of online and mobile games
4.1 The user may only participate in each game round (e.g. Space, Mars, World etc.) of an online game or mobile game with one user account, unless the respective game rules provide for exceptions. The use of several User Accounts by one user is not permitted. Such multi-user accounts can be deleted or blocked by Memento 3D at its reasonable discretion.
4.2 The user is prohibited from any form of manipulative intervention in the online game or the mobile game. In particular, the user shall not be entitled to use measures, mechanisms or software that could disturb the function and the course of the game. The User may not take any measures that could result in an unreasonable or excessive load on the technical capacities. The user is not permitted to block, overwrite or modify content generated by the game management or to interfere with the game in any other way.
4.3 The user may under no circumstances
a) Create or use cheats, mods and/or hacks, as well as use any other software produced by third parties that changes the gaming experience of online and mobile games,
b) Use software that enables “data mining” or otherwise intercepts or collects information related to online or mobile games,
(c) use virtual objects used in the online games or mobile games, use them outside the online games or mobile games, buy or sell or exchange them for “real” money
d) Sell, buy or exchange user accounts.
This shall include any circumvention, similar practice or practice having an effect equivalent to the foregoing prohibitions.
4.4 Furthermore, the user is prohibited from accessing the online game (including all individual Internet pages) with programs other than the Internet browser or the client program provided. This refers in particular to so-called bots and other tools that are intended to replace or supplement the web interface. Also prohibited are scripts and completely or partially automated programs that give the user an advantage over his fellow players. This also includes auto-refresh functions and other integrated mechanisms of the Internet browser, provided that these are automated processes.
4.5 The use of advertising suppressing measures is prohibited. It is irrelevant here whether advertising is specifically suppressed or whether it cannot be displayed in general, e.g. by so-called pop-up blockers, text-based browsers or similar.
4.6 An automated opening of the User Account, regardless of whether the start page is displayed or not, is not permitted.
4.7 All rights to the virtual objects used and provided in the online games or mobile games shall be the exclusive property of Memento 3D or the contractual partner authorised by Memento 3D. The user shall only receive a non-exclusive right of use to the virtual objects, limited to the term of the usage agreement.
(a) Giving away coins
Giving away coins to friends is possible via the “Coin Transfer Module”. This tool can be accessed via the jobs offered in the respective software. However, it is forbidden to make these gifts in exchange for real money. If this is violated, Memento 3D can block an account at any time at its reasonable discretion.
The transfer of coins from one account to another is only allowed via the ” Coin Transfer Module” (see point a). Deliberately losing coins (e.g. deliberately losing poker hands at the table) to send coins to a friend (or to yourself in another account) is a violation of these Terms of Service. If this is violated, Memento 3D may at any time, at its reasonable discretion, block an account.
c) Coins Farming / Scripting
The use of scripts or manual processes to improperly earn coins is not permitted. If this is violated, Memento 3D can block the respective user account at any time.
5. Special conditions for the use of communication facilities (in particular discussion forum, chat, comment function)
5.1 Memento 3D can provide the user with various communication possibilities for his own content and contributions on the Memento 3D Internet pages and in the games as well as in the social networks (in particular discussion forums, chats, blogs, guest books and the like as well as comment function, together the “communication possibilities”), which the user may use within the scope of the actual availability. In this respect, Memento 3D provides only the technical possibilities for the exchange of information. However, there is no claim to the provision of the communication possibilities.
5.2 The user shall assume sole responsibility for the contents and contributions he/she brings in. He undertakes to indemnify Memento 3D from justified claims of third parties that are based on a culpable breach of his obligations. Memento 3D expressly does not adopt the contents posted by users as its own. However, the user grants Memento 3D the permanent, irrevocable and non-exclusive right to use the contents and contributions posted by him.
5.3 The user is prohibited from publishing or distributing content within the scope of the communication possibilities, which
b) violate trademarks, patents, utility or design patents, copyrights, trade secrets or other rights of third parties;
c) be obscene, racist, glorify violence, pornographic, harmful to young people or otherwise endanger or impair the development of children and young people;
d) are insulting, harassing or defamatory in nature;
e) contain chain letters or pyramid schemes;
f) falsely create the impression that Memento 3D provides or supports such services;
g) contain personal data of third parties without their express consent;
h) are of a commercial, in particular advertising nature.
5.4 The naming of internet pages, companies or product names is only permitted if it is not primarily for the purpose of advertising.
5.5 All users of the communication facilities are obliged to choose an acceptable choice of words. Abusive criticism or attacks on persons in a disparaging manner are to be avoided.
6. Consequences of a breach of duty
6.1 Memento 3D shall not be liable for damages resulting from a breach of duty for which the user is responsible.
a) Deletion of content,
b) Warning of a user,
c) Temporary or permanent blocking of a user for individual or all online games, mobile games and contents of the Memento 3D Internet pages,
d) Exclusion of a user, also from individual game functions (e.g. chat),
f) termination of the contract of use without notice.
6.3 If a user has been blocked or excluded, this user may not re-register with a service provided by Memento 3D without the prior consent of Memento 3D.
7. user charges
7.1 The user fees for the download, computer, online and mobile games offered by Memento 3D are explicitly shown on the respective sales portals or online shops before the conclusion of a user agreement and must be confirmed by the user before purchase. Furthermore, Memento 3D may also make games and services available to the user free of charge. The User may also acquire virtual currency (e.g. Thaler, Gold), individual virtual features and other services (together the “Paid Features”) within the scope of the online games and mobile games against payment. The price for the type of virtual goods desired will appear in euros, US dollars or in another currency applicable to the User’s region. The use of crypto-currency is also offered within the scope of the purchase and/or the so-called in-game purchases.
7.2 The User shall be informed separately about the type of paid features, in particular the function of the respective feature, the duration of the paid feature, the fee to be paid and the available payment method in connection with the online game or mobile game.
7.3 The User submits his offer to purchase the paid features by selecting the desired items and the desired payment method offered in the respective online game or mobile game, clicking on the “Buy Now” button and thus completing the ordering process.
7.4 The payment options vary depending on the online game, mobile game, participating country and payment options available and technically feasible on the market. Memento 3D reserves the right to change payment options at any time.
7.6 After completion of the payment process or after receipt of money on the account deposited by Memento 3D in the case of a bank transfer, Memento 3D will credit the paid features to the user account. The credit note shall at the same time represent Memento 3D’s acceptance of the contract for the acquisition of the paid features.
7.7 In the mobile games, on the portals of individual sales partners and in online games and mobile games that are integrated into social networks, the conclusion of the contract may deviate from the procedure described here. The user will be informed separately about the procedure for the concrete conclusion of the contract.
7.8 The user assures that all information provided within the scope of a payment transaction (in particular bank details, credit card number, wallet ID, etc.) is complete and correct.
7.9 Memento 3D reserves the right to change fees for paid features. This includes the right of Memento 3D to reduce or increase fees for individual features in the event of future acquisition of paid features.
7.10 In the event of default the statutory interest shall accrue. Furthermore, Memento 3D shall be entitled to block the user account, to demand compensation for further damage and to discontinue the services.
7.11 If Memento 3D should incur chargeback or cancellation fees due to a fault of the user (this also includes insufficient account cover), the user shall bear the costs incurred thereby.
8. Limitation of liability
8.2 The liability of Memento 3D, regardless of the legal grounds, whether it be a contractual breach of duty or tort, shall be conclusively determined according to the following provisions:
8.2.1 Insofar as Memento 3D renders the respective liability-triggering service free of charge, Memento 3D shall only be liable for intent and gross negligence.
8.2.2 In the case of services against payment, Memento 3D shall be liable without limitation for intent and gross negligence as well as in the case of personal injury, for slight negligence, however, only in the case of breach of essential contractual obligations, in the case of default and impossibility for which Memento 3D is responsible. The liability in the event of a breach of such an essential contractual obligation shall be limited to the damage typical for the contract, the occurrence of which Memento 3D had to expect at the conclusion of the contract on the basis of the circumstances known at that time.
“Essential contractual obligations” in the aforementioned sense are those obligations which make the proper execution of the contract and the achievement of its purpose possible in the first place and on whose compliance the user may rely.
8.2.3 Memento 3D shall not assume any liability for disturbances within the line network that are not the fault of Memento 3D.
8.2.4 Memento 3D shall only be liable for the loss of data in accordance with the preceding paragraphs if such a loss could not have been avoided by the user through appropriate data backup measures.
8.2.5 The aforementioned limitations of liability shall not apply in the case of Memento 3D assuming explicit guarantees, in the case of fraudulent intent, and for damages resulting from injury to life, body or health. Liability under the Product Liability Act remains unaffected.
9. Contract period; deletion of user accounts
9.1 Unless otherwise expressly provided for the respective download game, computer game, online game, mobile game or the respective service offer, the contract for the use of the Memento 3D Internet portal and the download games, computer games, online games, mobile games and other service offers is concluded for an indefinite period of time. It shall begin with the download of the software and/or the approval or activation by Memento 3D.
9.2 The agreement can be terminated by either party at any time with immediate effect, unless a limited term has been agreed.
9.3 Each party shall have the right to terminate the agreement for good cause without observing a period of notice. Good cause shall be deemed to exist in particular if
a) the user is in default with the payment of the fees and does not pay despite reminders,
b) there is behaviour that significantly impairs the gaming experience of other players,
c) Cheats, mods and/or “hacks” are used as well as any other form of software, tools or scripts that alter the gaming experience or the gaming mechanism of online or mobile games,
d) Third parties play on the user account of the user, unless the rules of the game provide for exceptions,
e) the user plays on the user account of a third party or uses several user accounts for an online game, unless the rules of the game provide for exceptions,
f) the user uses virtual objects used in the online games or mobile games, outside the online games or mobile games, to buy or sell or exchange them for “real” money
g) the user has sold, bought or exchanged a user account, or
h) the user culpably violates legal regulations which serve to protect other players or Memento 3D,
9.4 Any termination must be made in writing. Notices of termination by e-mail must be in writing.
9.5 In case of prolonged inactivity, Memento 3D is entitled to delete the user account after prior notice and at the earliest after 3 months of inactivity. Furthermore, Memento 3D is entitled at its own discretion to delete user accounts at the end of the contract.
10.1 Die EU-Kommission stellt eine Plattform zur Online-Streitbeilegung zwischen Verbrauchern und Online-Händlern (OS-Plattform) bereit. Die OS-Plattform ist unter dem folgenden Link zugänglich: http://www.ec.europa.eu/consumers/odr.
10.2 Wir sind über die OS-Plattform erreichbar. Eine Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle beabsichtigen wir jedoch nicht und sind nicht dazu verpflichtet. Wir werden uns im Fall der Kontaktaufnahme direkt bei unseren Nutzern melden.
11. applicable law
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the user has his residence remain unaffected by this choice of law.
12.2 Mememto 3D may transfer its rights and obligations under this agreement to affiliated companies within the meaning of §§ 15 ff. AktG.
12.3 The user shall only be entitled to set-off if his counterclaim has been legally established or acknowledged by Memento 3D or is undisputed or arises from this synallagmatic legal relationship. The user may only exercise a right of retention insofar as it concerns claims arising from this agreement.