General Terms and Conditions (GTC)
1. Scope of application of the GTC
These General Terms and Conditions (hereinafter referred to as “GTC”) regulate the use of the game “Speedbound” (hereinafter referred to as “Game” or “App”), which is provided by the SpeedboundMBG UG (haftungsbeschränkt) (Speedbound UG (mit beschränkter Haftung), Friedrichstraße 123, 10117 Berlin Germany) (hereinafter referred to as “we”) for the user (hereinafter referred to as “you”) via the marketplace providers App Store and Google Play (hereinafter referred to as “Stores”) as an app for mobile devices.
1.2. Short description of the Game
Speedbound is a competition for car-racing games. The Game can be played with the App either without registration and limited game functions or with registration and full game functions. The distribution of real prize monies is only possible with the Game with registration. The Gameis free of charge in both variations and is financed exclusively by advertising (Google Admob). The App does not contain in-apppurchases or other functions that require you to pay fees.
1.3. Scope of application of our GTC
The legal relationship between us is exclusively governed by these GTC. Your deviating general terms and conditions,if any, shall not be accepted unless we have expressly consented to their applicability. In addition to these GTC, our data protection rules apply.
1.4. Changes of the GTC
We will inform you if these GTC need to be changed or adapted. By doing so, we will inform you about the new version of the GTC and the date of their applicability. You may object to the changed GTC. If you do not object to the changes within six weeks after receipt of the information, the changed GTC shall be deemed as accepted. In the aforementioned information, we will inform you again about your right to object, the deadline for objection, and the legal effects if you do not object. We are only allowed to change the GTC if we have a legitimate interest and we are not allowed to change your and/or our main service obligations. If you object to the changed GTC in time, both parties shall have an extraordinary right to cancel this contract.
1.5. GTC of the Stores
Independent of our GTC, general terms and conditions (including data protection regulations) of the Stores you entered into contractual relations with may apply. Please inform yourself about the regulations of the Stores. The services provided by these stores to you are not services provided by us. We are not responsible for the services of the Stores.
1.6. Use of the App exclusively by consumers
We provide our App exclusively for use by consumers.You are a consumer according to § 13 BGB (German Civil Code), if the purpose of the ordered deliveries or services cannot be predominantly attributed to your commercial or self-employed professional activity. The App may not be used for commercial purposes. The only purpose of the App is entertainment for private purposes.
2. Conclusion of contract
2.1. Conclusion of contract for the Game without registration via a Store
The App is provided free of charge in Stores for download and installation. For this, an account for the applicable app Store is necessary. On the page of the Store on which our App is offered, you will be informed about the applicability of our GTC and you will have the opportunity to read, store, and print the GTC via the following link (Link).
The offer of the App for a download in the Stores is an offer for the conclusion of a contract.The contract between you and us about the cost-free use of the Game is concluded if you download the App on your end device, install the App, and thereby accept our offer.
After the download and the installation of the Game, a basic use of the Game is possible without further registration. However, in this case the gaming possibilities are limited.
2.2. Conclusion of contract for the Game with registration via the App
The contract for the Game with registration shall be concluded directly through the App. The App contains a registration form. The use of the Game with registration is also free of charge.
Only after registration is it possible for you:
– to choose a player’s name;
– to send your race results to the online ranking list;
– to get access to your driver’s box;
– to receive prize monies.
The contract between us and you about the use of the Game with registration is concluded as follows:
The presentation of the possibility to play the Game with registration in the Stores and the App does not constitute a binding offer for the conclusion of a contract. The contract shall not be concluded through the mere download and installation of the App. Only after you have filled out the registration form in the App will this be considered a binding offer for the conclusion of a contract. With the registration you have to provide a player’s name of your own choice, a password, and a valid email address and then click on the button “send”. Further details with regard to the account are regulated in clause 5.
Before sending you may change and review the data in the App at any time, use the browser function “back” to go back and correct your data, or cancel the process entirely. After receiving your registration, we will send you an automatic confirmation of receipt to the email address you provided during registration. In this confirmation we will list your order again. We will either declare the acceptance of your offer with this email or do this in a separate email. Only after your receipt of this declaration of acceptance or with the actual activation of your account (whatever happens first) shall the contract about the use of the Game with registration between you and usbe concluded.
You are not entitled to registration or activation and participation in the Game with registration. We are entitled to decline the acceptance of your registration without giving a reason.
2.3. Contract partner
We are your contract partner with respect to the use of the Game and the App. This means that you need to contact us with respect to questions regarding use, complaints, or claims.
2.4. Contract terms of the Stores
The respective Stores will not be your contract partner with respect to the use of the Game. However, the general terms and conditions of the Stores can be applicable to you in addition to our GTC.
The Stores are not responsible for providing maintenance and support with respect to the Game. Any claims of yours with respect to our services, in particular, but not limited to warranties for defects or other impairments of performance (e.g., compensation of damages or losses) have to be asserted against us as your contract partner and not against the Stores. The regulations of our GTC apply to those claims.
In the case that the Game or the grant of rights should violate the rights of third parties, we and not the Store providing the Game shall be responsible for any legal defense or prosecution of claims.
With respect to the aforementioned regulations, the Stores are third-party beneficiaries on the basis of a real contract made for the benefit of third parties. This means that the stores may assert these rights based on our GTC against you.
2.5. Export restrictions
We furthermore ask you to be aware of the following limitation for a download from a Store:
Export control laws of the Federal Republic of Germany, the United States of America, and other states may apply to the delivery of the App and the corresponding content, including technologies and software. A download of the Game is not permitted if you are a resident of a country that excludes such service according to such export control laws, in particular a country subject to a US embargo or if you are a person who is on an American, European, or national list of prohibited parties (e.g., Entity List, Denied Persons List, Specifically Designated Nationals, and Blocked Persons). In these cases, we are not obligated to deliver to you.
2.6. Legal age
It is a personal requirement for the conclusion of a contract with us that you are at least 18 years old. The use by minors is only allowed under the supervision of a legal representative. Such legal representative has to conclude the contract for you. We are entitled, but not obligated, to request written proof of your legal age or the approval of your legal representatives.
2.7. Contract language
The contract is concluded in the English language.
3. Rights of Use
3.1. Ownership of rights
We are the owners of all copyrights, usage rights, trademarks, and other protective rights to the App. These rights are protected against third parties. These concern in particular, but are not limited to, the App software, texts, pictures, graphics, characters, logos, music, films, software codes, trademarks, other signs, names, and so on.
3.2. Grant of a non-exclusive right of use
With conclusion of the contract, we grant you a non-exclusive, worldwide, perpetual, not transferable and not sub-licensable right of use exclusively for the private use of the App on your end device according to the provisions agreed upon herein.
You may use the App and all content and parts only for participation in the Game and for the time period of our contractual relationship.
Unless we have expressly agreed in advance and in writing or a use is exceptionally allowed by law without our approval, you may not add, copy, distribute, make publicly available, or exploit the App, its content, and its parts (e.g., copy, store, make publicly available via the Internet or other networks, add elements, change, delete, or modify elements in the App or extract elements or use elements outside the App otherwise). Furthermore, you may not without our prior explicit written approval decompile, disassemble, or reverse engineer the App. This does not apply if the decompilation is allowed according to § 69e UrhG by law.
Furthermore, it is prohibited to use the protected names and other signs (e.g., the trademark “Speedbound”) outside the Game, in particular in business communication, without our explicit, prior, and written approval.
3.3. Prohibition of unlawful technical means
You may not use any technical means that give you an advantage while playing the App (e.g., so‑called “bots” or “hacks”). Furthermore, you may not use technical means that give you an advantage by systematically or automaticallycontrolling the App or the cars during the Game. The same applies to the systematic use of program mistakes for your own benefit. We are entitled to use appropriate technical means and programs in order to identify and prevent unlawful actions in the Game or influences on the Game. Examples of unlawful technical means are in particular:
- a) Memory Hacking –variables that, for instance, save the race time, will be overwritten in the Random-AccessMemory (RAM).
- b) Speed Hacking –the hacker manipulates the “Game Loop Speed” –he runs the Game in slowmotion and is able to steer the car, for instance, precisely on the ideal racing line.
- c) Wall Hacking –the gamer drives his character/car through all obstacles and may thereby shorten the way to the goal.
- d) Time Hacking – every few seconds, the hacker resets the system time of his computer/smartphone by several seconds or lets the system time run backwards.
- e) DLL Injection Hacking –the hacker recompiles the App on a smartphone and manipulates the sourcecode (functions only on Jailbreaked iOS Phones or Rooted Android Smartphones).
Specific terms fordistribution through Google Play:
The user may include, but is not limited to, a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features. Users in a family group may purchase a single copy of the product and share it with other family members in their family group, unless otherwise prohibited, as for in-app and subscription products.
We have entered into a developer distribution agreement with Google (Google developer distribution agreement). In this agreement, your non-exclusive, worldwide, and perpetual license to perform, display, and use the App is also regulated (including the use within family groups or family members). In the case of a contradiction between the grants of rights in these GTC and the Grant of Rights in the Google Play developer distribution agreement between us and Google, the Google Play developer distribution agreement shall prevail.
3.5. Information that you make available to us
As far as you make any information about you (in particular, your player’s name) available to us during the game, you grant us free of charge the non-exclusive, worldwide right to use this information in connection with the Game (including the right of reproduction and making available to the public). Your rights resulting from the Data Protection Declaration remain unaffected.
3.6. End of right of use
Your non-exclusive right of use terminates with the termination of the contractual relationship with you according to clause 11. Any further use of the App by you is thereafter prohibited.
Specific terms for distribution through Google Play:
Removing the App from the Google Play Store and the end of the distribution via Google Play does not (a) affect the rights of use to the App previously purchased or downloaded, (b) lead to removal of your products from devices or from any part of Google Play where previously purchased or downloaded applications are stored on your behalf, (c) change our obligation to deliver or support products or services that have been previously purchased or downloaded by you. An exception is applicable for so-called “legal take downs”.“Legal take downs” are removals due to (a) an allegation of infringement, or actual infringement, of any third-party intellectual property right, (b) an allegation of, or actual violation of, third-party rights, or (c) an allegation or determination that the App does not comply with applicable law. In this case Google will not provide such product via Google Play anymore.
4. Delivery, technical requirements, further development, deletion
4.1. Delivery, technical requirements
The App is offered in the Stores for a cost-free download.
The use of the Game is only possible with the installed App on a smartphone with the operating system Android (currently at leastversion …………….) or iOS (currently at leastversion ………………)and an existing internet access. You are responsible for the suitability, actuality, and safety of the hardware and software used by you for the download. Your connection to the internet and the necessary system requirements are not services provided by us and not subject to these GTC. We provide no support for these services. In addition to this, the technical requirements for the download and the use of the App are subject to the general terms and conditions of the respective App Stores and the requirements mentioned there.
The reaction time of the App can differ depending on the mobile end device and data connection (e.g., mobile or LAN or W-LAN).
We may actualize the App through updates in order to ensurethe secure and disruption-free use of the App and your end device. We may also actualize the App through updates in order to change the user interface, layouts and/or content, remove mistakes or defects during the use of the App, and to secure its compliance with legal regulations. Changes of the fundamental functions of the App will not be made. In the case that further updates need to be installed, we will inform you in advance about such updates and ask for your approval before their installation. The participation in the Game is only possible with the most recent version of the App due to technical reasons in order to ensure that all users have the same prerequisites and chances in the competition.
4.3. Deletion, new installation of App
The settings made by you in the App may be bound to the respective mobile end device used and may not be transferrable. If you delete the App and thereafter newly install the App on an end device or if you change the end device by deletion and thereafter new installation, your Game results and prize monies remain unaffected.
5. Account, player’s name, password
5.1. User account (“Account”)
You have to register (see above clause 2.2.) in order to use all Game possibilities. With registration you receive a user account (“Account”). In this account you may change and administer your data.
5.2. Player’s name
As user, you select a player’s name as a pseudonym for your participation in the Game. You are not entitled to receive a specific player’s name. You are solely responsible for ensuring that the use of your player’s name does not infringe any name, trademark, or other protected intellectual property rights of third parties and that your player’s name does not contain any pornographic, insulting, or libelous or other criminal content or content that constitutes discrimination because of race, ethnic origin, gender, religion, ideology, disability, age, or sexual identity according to the §§ 1, 3 General Act on Equal Treatment(AGG). We are entitled to change or delete without your consent a player’s name selected by you for technical reasons or if you violate the aforementioned provisions. When selecting the player’s name, you must observe the requirements described in that process (e.g., with respect to length or characters contained).
During the registration process you will be asked to select a password. The technical requirements for this will be explained when entering the password. When selecting the password, the described requirements (e.g., with respect to length and characters contained) need to be observed.
5.4. Protection of your access data
Your access data (player’s name and password) for the App are exclusively for yourpersonal use and are not transferrable. In particular, it is prohibited that you allow another user to use your account or for you to use the account of another user, either for or without compensation. As a user of our App you may only own a single account. It is prohibited for you to use multiple accounts within the App. You must keep your access data confidential. Should you become aware that your access has been unlawfully misused, you must inform us immediately and change your password immediately in order to prevent Game access to unauthorized persons.
Specific terms for distribution through Google Play:
An exception applies if you downloaded the App via Google Play and you make shared use of accounts within a family group or family members according to the Google regulations (see above clause 3.4.).
5.5. Indemnification of liability by you
In the case that you violate these obligations, with negligence and/or intent, you are obligated to hold us harmless and indemnify us from any third-party claims asserted against us in connection with the use of your account and to indemnify us for all damages and expenses we incur in connection with the use of your account.
5.6. Blocking your account
We are entitled to temporarily block your access to your account – in whole or in part – if we receive knowledge or have a sufficient suspicion of a violation against legal provisions or these GTC, in particular because of an unlawful passing on of access data, false statements during registration, allowing third persons to use your account, or using the accounts of other users. To the extent possible, you will be heard, or otherwise informed immediately. We reserve the right to block your access permanently if it is not reasonable for us under consideration of all aspects and after weighing your and our mutual interests to give you further access. Apart from that, the right to terminate the contract for an important reason remains unaffected.
6. Rules of the Game
The most important rules of the Game are listed here.
TheSpeedboundApp / the carrace game can be played immediately without registration at Speedbound.
Only the cost-free registration enables every user to send their racing times to the online ranking list and to get access to their driver’s box.
Online ranking list
Every race is attached to an online ranking list.
Distribution of prize monies
Every race lasts one month. At the end of the month real prize monies will be distributed to the best players – according to their placement on the online ranking list.
One race per month
At the beginning of each month a new race with a new racecar and a new racecourse will be provided for download. The race of the proceeding month will be deleted and will not be available any more for playing. All races begin/end on the last day of a month at 12:00 noon(MEZ).
The race will be played in rallye/single player mode. One driver, one racecar alone on the racecourse racing against time. Every player can play the race as often as they want until the end of the month in order to improve their placement on the online ranking list.
Every player can see their previous placements and their account balance with prize monies previously won in their driver’s box.
Distribution of their prize monies
Every player can ask for distribution of their prize monies at any time(required minimum prize money balance 1.00 EUR, see clause 7.3.).
7. Prizes and shipping costs, payment modalities
7.1. Cost-free use of the App
The game is free of charge for you with or without registration and is financed exclusively by advertising income (Google Admob). The App does not contain in-app purchases or other functions you would have to pay for.
7.2. Fees for connection
The App is delivered through communication networks (such as the internet) via download by you from the servers of the Stores. Any connection costs for the use of the digital communication networks for ordering and downloading have to be paid by you. The costs for the mobile download and the mobile use of the App depend on the fees of your provider.
7.3. Minimum prize money balance for the distribution of prize monies
Due to high transaction and bank wire costs, depending on the country of origin, any prize monies can only be distributed to you if you have a prize money balance of at least 1.00 EUR. Therefore, you acquire the right to receive your prize monies only in the event that you have a prize money balance of at least 1.00 EUR (condition precedent).
7.4. Distribution via PayPal
8. Instruction about right of cancellation
8.1. Instruction about right of cancellation
When concluding distance contracts, consumers generally have a statutory right of cancellation. We will inform you about this right according to the statutory form.
Distance contracts with consumers are all contracts according to § 312 e BGB (German Civil Code) using exclusively distant communication means (such as email, telephone, fax, regular mail, online shop) for contract negotiations and the conclusion of the contract, unless such conclusion of contract is not made within the framework of a distribution or service system set up for distance contracts.
Instructions on the preliminary termination of the right of cancellation are given in subclause 8.2. A sample form for a cancellation is provided in subsection 8.3.
– Beginning of the instructions on the right of cancellation –
Right of cancellation
You have the right to cancel your order without giving any reason within 14 days.
The cancellation period is 14 days from the day of the conclusion of the contract.
In order to exercise your right of cancellation, you must inform us
Speedbound MBG UG (haftungsbeschränkt)
10117, Berlin, Deutschland
Tel: +49 (0) 306 05 296
with a clear declaration (e.g., by regular mail, fax, or email) about your decision to cancel the contract. You may use the attached sample form of revocation; however, such use is not required.
To meet the cancellation deadline, it is sufficient that you inform us that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we will reimburse you for all payments received from you, including shipping costs (except any additional costs that are the result of your request to us to use a shipping method other than the cheaper shipping method we offer), immediately and not later than 14 days from the day on which we received your information about the cancellation of this contract. For such reimbursement we will use the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise. In no case will we charge any fees as a result of such reimbursement.
– End of the instructions on the right of cancellation –
8.2. Additional instructions for the preliminary termination of the right of cancellation
The right of cancellation terminates with respect to a contract for the delivery of digital content not fixed on a tangible data carrier if the entrepreneur has begun with the execution of the contract after the consumer
- a) expressly consented to having the entrepreneur begin with the execution of the contract before the cancellation period begins, and
- b) the consumer confirmed that he is aware that he loses his right of cancellation because of his consent to beginning the execution of the contract.
8.3. Sample form for the cancellation right
We inform you about the sample form for the cancellation right according to the statutory regulations as follows:
|Sample form forcancellation|
|(If you want to cancel this contract, please fill out this form and send it back to us).|
– To Speedbound MBG UG (haftungsbeschränkt), Friedrichstraße 123, 10117, Berlin, Deutschland, Tel: +49 (0) 306 05 296, E-Mail: email@example.com
– I/We hereby cancel the contract
– on the sale of the following goods (*)
– on the rendering of the following services (*)
concluded by me/us.
– Ordered on (*)
– Received on (*)
– Name of the customer
– Address of the customer
– Signature of the customer (only if information is provided on paper)
9.1. Suitability, availability
We inform you that it is not possible to develop software that will work perfectly in all means of application. We warrant that the software is suitable for the intended use according to our published program description. We are not liable for any connectivity mistakes of third-party communication services.
We are obligated to provide an availability of the game content of the App of at least 90% on an annual average. Excluded from the obligatory availability are technical or other interruptions that are not under our influence or disruptions due to necessary maintenance.
We are not liable for any non-availability of our servers or for connection problems of mobile devices that result from the choice of your respective location (e.g., playing the Game in a subway tunnel, or in a “digital desert”, e.g., in an area with bad or no network connection, and so on).
The provisions regarding our liability in clause 10 remain unaffected.
9.2. Data backups
We are obligated to provide reasonable measures for data backups. Generally, the user data administration will be done once a day both locally and cloud-based. This means that not all data might be entirely restored in the case of data loss.
9.3. Statutory warranties
We are liable for any defects according to the statutory provisions, in particular §§ 434 ff. BGB/German Civil Code. With respect to entrepreneurs, the statute of limitations for statutory warranty with respect to goods delivered by us is 12 months.
9.4. No further warranties
We undertake no further warranties. In particular, we do not warrant that the software will satisfy the special needs of the user. The user bears sole responsibility for the selection, installation, and use and for the intended results.
9.5. No additional warranties
We only undertake additional warranties with respect to the goods delivered by us if we expressly say so in the confirmation of the acceptance.
10.1. General limitations of liability
Claims by you for damages are excluded. This does not apply to claims for damages by you resulting from death or injuries to the body or health, or if we violated material obligations (cardinal obligations) or the liability for other damages resulting from an intentional or gross negligent violation of obligations by us, our legal representatives, or our performing agents. Material obligations are obligations, the performance of which is of material importance to the achievement of the purpose of the contract.
10.2. Material obligations
In the case of the violation of material obligations, we are only liable for damages that are typical for the contract and foreseeable, provided that these damages were the result of simple negligence, unless these damages result fromdeath or from injuries to the body or health.
10.3. Representatives and agents
The limitations in clauses 10.1. and 10.2. also apply to our legal representatives and agents if claims are asserted directly against them.
10.4. Exceptions to the limitations of liability
The liability limitations provided in 10.1. and 10.2. do not apply if we concealed the defect fraudulently or if we undertook a warranty for the nature of the good. The same applies if we entered into an agreement with you regarding the nature of the good. The regulations regarding the product liability law remain unaffected.
11. Term, termination of contract
11.1. No fixed term
The contract between us has no fixed term.
11.2. Ordinary termination by you
You may terminate this contract any time without reason. The deletion of the App from your end device shall be deemed a termination notice. With respect to a Game with registration, the deletion of your account shall be deemed notice of termination. You may also terminate the contract with us by sending an email to us, e.g., to firstname.lastname@example.org
11.3. Ordinary termination by us
We may terminate the contract with you at any time without reason with a termination notice of two weeks.
11.4. Extraordinary termination
The right to an extraordinary termination of this contract for an important reason remains unaffected for both parties. A material reason for termination of this contract by us exists in particular, if:
- you – under violation of clause 5.4. – register several accounts, allow third parties to use your account, or use the account of a third party,
- you – in violation of clause 3.2. – violate copyrights or other intellectual property rights of us or third parties or if you exceed your rights of use,
- you use unlawful means according to clause 3.3. or violate the rules of the Game specified in clause 6.
Should we discover a violation that entitles us to terminate the contract for an important reason, we will send you a prior warning and ask you to remedy the violation. In the case of a serious violation, a prior warning is not necessary if it is not reasonable for us to adhere to the contract.
11.4. Legal effects of a termination
Any prize money balance due at the time of the termination of the contract will be distributed to you. In the case of a termination all stored information about your account and your game activities will be deleted, unless any legal provisions require us to keep it, block it, or store it for a longer period of time. More information on data processing can be found in our data protection declaration.
12. Data protection
We collect and store your data that are necessary for the execution of the business. We process personal data according to the applicable data protection laws.
The App contains advertising, which regularly takes place through advertising banners and other advertising displays/pop-ups. In general, these are clickable. If you click on these and there is an existing internet access, a website of the third-party advertiser will be opened.
More information is provided in our data protection declaration. We will give you information about the data stored on request at any time.
13. Miscellaneous provisions
13.1. Applicable law
This contract is governed by German law; UN sales law (CISG) is excluded. The applicability of mandatory legal provisions with respect to limitations on the choice of law and the applicability of mandatory provisions, in particular of the state in which you as a consumer have your ordinary residence, remain unaffected.
13.2. Choice of forum
If you are a merchant, a legal entity of public law, or a special fund under public law, choice of law for all disputes resulting from this contractual relationship between you and us is Berlin.
13.3. Invalidity of provisions
Should elements of this contract be invalid, the other parts of the contract shall remain binding. The invalid aspects shall be replaced by the legal provisions, if existing. Should this lead to an intolerable result for a contract party, the contract shall be invalid as a whole.
13.4. Online dispute resolution
Dispute resolution: The EU Commission has created an internet platform for the online resolution of disputes. This platform can be used for out of court resolution of disputes with respect to contractual obligations resulting from online sales contracts. Further information is available under the following link: http://ec.europa.eu/consumers/odr. We are not willing or obligated to participate in such a dispute resolution procedure on such a consumer dispute resolution platform.
13.5. Downloading, printing, and storage of the GTC
You can download and print the GTC at any time from our website … (Link) as PDF files. In order to display the file, you need a relevant program, e.g., adobe acrobat reader, which can be downloaded for free from the adobe website. In order to save the GTC, you can click with the right mouse button on the following link and then on the item “Zielspeichernunter…“ ”Save target as …“: (Link).Furthermore, you can save and print the GTC with the relevant functions of your PDF viewer program. Finally, you can get access to these GTC at any time via Google Play (Link) and App Store (Link).