The terms of this agreement ("Terms of Service" or “Terms”) govern the relationship between you and less rain GmbH (hereinafter "Less Rain" or "Us" or "We") regarding your use of Less Rain’s social games and related services, which include Graffiti SWAT, Mee-Mail, Mee-Make and other Less Rain branded websites (the "Service").
In this agreement, "Less Rain" means Less Rain GmbH, Linienstraße 154a, 10115, Berlin.
1.1. Less Rain provides users with an opportunity to play online games and use related services on various platforms on the Internet.
- Less Rain ‘s Code of Conduct
- specifying the rules of conduct in force at the time;
- Less Rain’s Data Protection Policy
1.3. Any terms and conditions prescribed by the user are excluded.
2. Contract Closure, Term
2.2. Any individual over the age of 18 who has full legal capacity may become a user. Minors may only conclude a License Agreement with the consent of a parent or guardian. The user must provide all the data required accurately and in full, and keep it up-to-date at all times. At any time Less Rain is entitled to demand adequate proof of the user’s identity and age of majority or of consent from a parent or guardian, or to make using specific functions contingent upon such proof.
2.3. A License Agreement is concluded for an indefinite period. On observing a 7-day period of notice, both contractual partners are entitled at any time to give routine notice terminating the License Agreement. Partial notice relating to a specific game is also permitted. The user may also terminate the License Agreement by deleting its account or the application.
2.4. The right of both contractual partners to give extraordinary notice for important cause remains unaffected. An important cause shall be deemed the case if the user defaults in payment of any fee and still fails to pay despite being sent a reminder, or culpably commits any breach of duty that is more than merely insubstantial.
2.5. On termination of the License Agreement the user’s account is deleted, thus disabling access to Less Rain’s services. The user is not entitled to have deleted data restored, even on re-registering. The user is not entitled to any refund insofar as it has already made use of the services provided by Less Rain (e.g. coins, virtual goods).
3. Notification regarding Revocation
3.1: Right of Revocation
You may revoke your declaration of contract closure within a period of 14 days in text form (e.g. by post, fax, email) without stating reasons. The period commences on receipt of this information in text form, but on no account prior to contract closure, nor before we have honoured our obligations to furnish information pursuant to Art. 246 Sect. 2 in conjunction with Sect. 1 (1) and (2) German Introductory Act to the Civil Code (EGBGB), and our obligations pursuant Sect. 312g (1) Clause 1 German Civil Code (BGB) in conjunction with Art. 246 Sect. 3 EGBGB. In order to meet the deadline, it is sufficient to send off the revocation notice before the period expires.
The revocation notice must be sent to:
Less Rain GmbH, Linienstraße 154a, 10115, Berlin
Fax: +49-30-28095020 firstname.lastname@example.org
3.2. Consequences of Revocation
In the event of effective notice of revocation, the performance received by each party is to be returned and any benefits derived (e.g. interest) are to be surrendered. If you are unable to return all or any of the performance received, or if you can only return it in an impaired condition, then you must pay us compensation; this may mean that you still have to honour your contractual payment obligations for the period up until revocation takes effect. Obligations to reimburse payments must be met within 30 days. The period begins with the sending off of your revocation, for us with its receipt.
3.3. Special Information
Your right to give notice of revocation expires prematurely if the contract has been fully performed by both sides at your express request prior to your exercising your revocation right.
4. Content & Scope of License Agreement
4.1. Under the License Agreement, the user is authorised to put the games and services provided on the respective platform (also jointly referred to hereinafter as “Less Rain’s Services”) to personal use for a limited period in accordance with the respective terms stipulated. Less Rain’s Services are put at the user’s disposal along with the available functions in each case; no right to have certain functions provided exists. Less Rain is entitled at any time to alter content or functions (e.g. by way of patches, updates or modifications).
4.2. No warranty of any specific availability is given for Less Rain’s Services. In particular, downtimes may be caused by technical problems beyond Less Rain’s control. Maintenance work may impair availability; insofar as is possible, it shall be carried out paying consideration to users. In addition, unannounced maintenance measures may be necessary, such as in the event of unpredictable failures (e.g. due to attacks, viruses). No warranty can be given that the software used by Less Rain is entirely devoid of errors. The user is not entitled to demand that Less Rain’s Services be provided or kept in a given condition.
4.3. Less Rain’s Services may be fee-paying or free of charge. Less Rain shall always draw adequate advance attention to fee-paying services.
4.4. By way of a fee-paying service, Less Rain may offer certain units or virtual currencies (e.g. in the form of coins, Mee-mail cash or points) under a License Agreement or for individual games, which may be used accordingly depending on the agreed terms and the game’s setup. These units or virtual currencies constitute an element of the game and are thus of no monetary value. In particular, alterations to Less Rain’s Services may result in changes in how they may be used. Trading or exchanging the units or virtual currencies into real money is excluded.
4.5. Under a License Agreement or for individual games, Less Rain may also offer individual functions, add-ons, short cuts or virtual goods as a fee-paying service. Some of these paid features may also be used in exchange for units or virtual currency (see 4.4 above); changing them back again is excluded in each case. The user may use a fee-paying feature in accordance with the terms agreed in each case. For the avoidance of doubt, the user is granted a non-exclusive right to use the respective function for a limited period. The limited period is either apparent from the nature of the respective feature, or otherwise ends on termination of the License Agreement.
4.6. Units pursuant to Item 4.4 or features pursuant to Item 4.5 are not transferable and may not be otherwise used elsewhere, unless this is permitted under the rules of the game. Transferral in exchange for financial advantages is inadmissible at all times.
4.7. Whenever units pursuant to Item 4.4 or features pursuant to Item 4.5 are provided by Less Rain free of charge, the user may not derive any rights whatsoever there from. Less Rain may therefore demand back or erase the units or features concerned at any time.
4.8. The user is only granted the right to use Less Rain’s Services personally. Less Rain retains all proprietary and other rights in Less Rain’s Services. The user is not entitled to extend its scope of usage, to assign its license, to grant sub-licenses and/or to alter, pass on or sell Less Rain’s Services or otherwise make them accessible to third parties.
5. User’s Obligations
5.1. The user is under obligation when using Less Rain’s Services to comply with Less Rain’s Code of Conduct. Any instructions and notes (e.g. FAQ) issued by Less Rain are to be heeded by the user as amended at the time. The user is to report to Less Rain immediately if it gains knowledge of any breach of duty by another user or of any violation of Less Rain’s Code of Conduct. If the user commits any breach of duty, Less Rain may take appropriate measures (e.g. issue a warning, block or erase content, disable the user’s access, or give notice pursuant to Item 2 above).
5.2. The user is liable without restriction for its own conduct and its own account. This applies in particular to any contributions posted and any content used by the user (e.g. photos); if in doubt, the user is bound to verify beforehand that they do not violate statutory regulations, or breach public policy or infringe third-party rights (e.g. copyright, data protection rights) anywhere in the world. Less Rain is under no obligation to also check their accuracy or verify their legality. As a matter of principle, Less Rain does not adopt as its own any information posted by users or third parties.
5.3. On posting content with Less Rain, the user assigns to Less Rain in perpetuity all the required rights without any restrictions in terms of territory. Depending on the content, this may include Less Rain’s authority to store, adapt or modify the content and make it perceptible to the public. The user shall only be entitled to demand subsequent erasure of the content it has posted on Less Rain if there are important reasons for doing so.
5.4. The user releases and discharges Less Rain from all and any claims that are asserted on Less Rain by third parties due to any breach of duty or infringement of rights that is committed by the user, unless the user is not responsible for such breach or infringement. Reasonable costs for defending and asserting rights must also be refunded.
6.1. Insofar as a fee is charged for the provision of Less Rain’s Services, the payment in each case is indicated in the game and agreed by and between the contracting parties. The prices given include statutory turnover tax. In addition, Less Rain is entitled to alter pricelists or future prices for Less Rain’s Services at any time.
6.2. For all Less Rain’s Services for which a fee is charged, all the means of payment approved in each case are accepted. Less Rain is entitled to change the means of payment at any time. On effecting payment, the user is under obligation to provide correct details. Less Rain is entitled to verify the details provided by the user, or to have this done by third parties; Less Rain’s Data Protection Policy specifies its use of personal data.
6.3. The user must refund to Less Rain all and any costs and expenditures that are incurred on Less Rain for collecting payments (e.g. bank charges, service fees).
6.4. Payment for the respective period of use is due and payable in advance.
7.Limitation of Liability
7.1. The following provisions on the limitation of Less Rain’s liability apply to all compensation claims and instances of liability for whatsoever legal cause, except for any claims or rights on the part of the user:
- that are based on mortal injury, physical harm or health damage;
- that are based on fraudulent concealment by Less Rain of any defect, or on the lack of any characteristic guaranteed by Less Rain;
- that are based on intent or gross negligence on the part of Less Rain, its statutory representatives or vicarious agents; or
- under product liability law.
Each of the aforementioned exceptions shall be governed exclusively by statutory regulations.
7.2. For Less Rain’s Services that are free of charge, Less Rain’s liability for simple negligence is excluded.
7.3. For Less Rain’s Services for which a fee is charged, Less Rain shall only be liable for negligence where losses or damage are due to a breach of cardinal duty, i.e. a duty having to be performed in order to attain the contractual purpose, or performance of which the user is entitled to rely on. In cases of a breach of cardinal duty, Less Rain’s liability shall be limited to compensation of the typical damage that Less Rain could foresee at the time of contract closure. In terms of amount, liability shall be limited to any payment already made by the user. For Less Rain’s Services for which a fee is charged, Less Rain’s liability for negligence vis-à-vis users is excluded in all other respects.
7.4. In connection with contractual usage under tenancy law and suchlike, Less Rain’s liability irrespective of fault for errors already existing at the time of contract closure is expressly excluded.
8. Final Provisions, Amendments, Governing Law
8.1. Claims and partial claims vis-à-vis Less Rain may not be assigned to third parties. Less Rain remains entitled to assign its rights vis-à-vis the user, in particular for collection purposes.
8.3. Legal relations between the contracting parties shall be governed by German law, excluding CISG.