Terms and Conditions - WeQ STUDIOS

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Terms and Conditions

Whereas, WeQ Global Tech GmbH, Schwedter Str.263, 10119 Berlin, Germany (“WeQ”, “our”, “we” or “us”) is a developer and publisher of games and mobile game applications (“WeQ Apps”).
These Terms and Conditions (“Terms”) and the Privacy Policy available at weqstudios.com shall apply to and govern Your use of

  1. our website weqstudios.com including all pages within this website (“WeQ Website”) and any of the services accessible through the WeQ Website (“WeQ Website Service”)
  2. and
  3. current and future WeQ Apps made available via app stores including the iTunes App Store, Google Play, and Amazon Appstore and other platforms such as Facebook
    WeQ Website, WeQ Website Services, and WeQ Apps are collectively referred to as “WeQ Services”.

1. Agreement to Terms

1.1 By accessing the Website or using any of WeQ Services, You consent to read and understand and agree the Terms electronically. The use of WeQ Services constitutes in the acceptance of the Terms and Privacy Policy and creates a legally binding agreement between You (“User” or “You”) and WeQ (“Agreement”). You agree to be bound by the Terms and Privacy Policy of WeQ for as long as You continue to use the WeQ Services. If You do not agree to be bound by these Terms and our Privacy Policy, do not use the WeQ Services.

1.2 If You are using the WeQ Apps, please bear in mind that app stores and platforms may provide their own terms applicable to Your relationship with respective app stores and platforms.

1.3 Children under the age of 14 are not eligible to our WeQ Services. If you are younger than 18 years it is necessary, that your parent(s) or legal guardian have/has reviewed these Terms and allowed You to use WeQ Services, thus also download and play our WeQ Apps subject to these Terms. We may request parental/legal guardians written consent for WeQ Services if a child is not 14 years or older. Parental/legal guardians consent does only apply to the services for which it was given.

2. Privacy Policy

2.1 In order for You to understand the collection and storage and possible use and disclosure of Your data gained from Your use of the WeQ Services, please read our WeQ Privacy Policy available at https://weqstudios.com/privacy/.

2.2 You understand that by using the WeQ Services, WeQ collects, uses and shares information described in our Privacy Notice. Therefore, by using the WeQ Services You are consenting to the terms of the Privacy Policy. The refusal of the Privacy Policy entails the immediate prohibition from using the WeQ Services.

3. Game Development Partnership Program

3.1 Whereas, WeQ operates as a developer and publisher of games and mobile game applications, which is constantly looking for potential business partners (“Game Provider”) who wish to engage WeQ to develop and program and/or publish games and mobile game applications (“WeQ Game Services”).
If You are a Game Provider, the WeQ Website Service enables You to submit Your game or mobile game application (“Game”) by providing a link leading to a video footage of the Game (“Video”).

3.2 This Terms shall set forth the legal terms pursuant to which Game Provider applies for WeQ Game Services. Now therefore, Game Provider agrees to have read and accepted as follows:
The submission of a Video constitutes in the Game Providers intention to start a business relationship with WeQ. In no way shall WeQ be obliged to review such Video nor shall WeQ be committed to providing its WeQ Game Services to Game Provider after its submission. Following a submission, WeQ may contact Game Provider in order to acquire further business information. Upon further communication, the Parties may agree on WeQ Game Services, which then will be set forth pursuant to mutual binding agreements.

3.3 Game Provider represents and warrants that Game comply with these Terms and all applicable laws and that Game Provider holds all intellectual property rights of any Game version provided as Video to WeQ, including but not limited to (a) rights associated with works of authorship throughout the world, including but not limited to copyrights and moral rights, (b) trademarks, service marks, trade name and logo rights and similar rights, (c) trade secrets and know-how, (d) patent rights, designs, algorithms and other intellectual property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the world and however designated), whether arising by operation of law, contract, license, or otherwise. WeQ reserves the right to request proof that Game Provider owns intellectual property rights of such Game.

3.4 Game Provider grants WeQ a non-exclusive, worldwide, royalty-free license to use, perform, reproduce, display, transmit, modify, and copy the Video for the purposes set forth in this Terms.

3.5 Game Provider acknowledges that WeQ will not provide WeQ Game Services of Games that are likely to be misinterpreted and contain content that is defamatory, obscene, offensive; includes nudity; includes drugs; supports illegal gambling, sweepstakes, or contests; or contains a code that could damage hardware, software, a person, or an entity and Game Provider will therefore not submit such Game.

3.6 Game Provider shall indemnify and hold harmless WeQ from and against all liabilities, losses, damages, or expenses (including reasonable attorney’s fees, costs, and expenses) arising out of a claim related to the Game Provider’s breach of warranties set out in this section but not limited to this section.

4. About using our WeQ Apps

4.1 Upon downloading to Your device or connecting on Facebook You can play our WeQ Apps. On app stores, platforms and in the support section inside of our WeQ App such as on our WeQ Website You can find further information about the gameplay, functions and features of the WeQ Apps.
You understand that for downloading or connecting to and using our WeQ Apps an internet connection is required and that You are responsible for such internet connection. You are aware that internet service provider may charge You for gaining access to the internet.

4.2 Our WeQ Apps are free to play. Nevertheless, to speed up gameplay and progress in the game of our WeQ Apps You may purchase virtual items (“Virtual Items”) by spending real money. Depending on which app store or platform they are purchased, payment terms may vary. Without prejudice to Section 6 below, Virtual Items cannot be exchanged into real money or refund. It is of Your understanding, that You do not own Virtual Items, but acquire a limited license to use Virtual Items according to the specific WeQ App’s gameplay. Therefore, the right to use any Virtual Item is conditional to these Terms. Prices for Virtual Items include applicable statutory turnover tax.

5. Your Right of Withdrawal

If You are a consumer, (i.e., a person completing the legal transaction for purposes that can be predominantly attributed to neither commercial not their independent professional activity), You are entitled to a right of withdrawal according to the following withdrawal instruction:

– Begin Cancellation Policy –

RIGHT OF WITHDRAWAL

YOU HAVE THE RIGHT TO WITHDRAW FROM THIS AGREEMENT WITHIN FOURTEEN (14) DAYS WITHOUT GIVING ANY REASONS.

THE WITHDRAWAL PERIOD WILL EXPIRE AFTER FOURTEEN (14) DAYS FROM THE DAY OF THE CONCLUSION OF THIS AGREEMENT.

IN ORDER TO EXERCISE THE RIGHT OF WITHDRAWAL, YOU NEED TO INFORM US AT

WEQ GLOBAL TECH GMBH,
SCHWEDTER STR. 263,
10119 BERLIN,
GERMANY
FAX: +49 30 208 984 799, EMAIL: INFO@WEQ.COM

OF YOUR DECISION TO WITHDRAW FROM THIS AGREEMENT BY EXPLICITLY COMMUNICATE SO (FOR EXAMPLE A LETTER SEND BY POST; FAX OR E-MAIL). FOR THIS; YOU MAY USE THE ATTACHED MODEL WITHDRAWAL FORM, WHICH, HOWEVER, IT IS NOT OBLIGATORY.

IT SHALL BE DEEMED SUFFICIENT FOR COMPLIANCE WITH THE WITHDRAWAL DEADLINE, IF YOU SEND YOUR COMMUNICATION CONCERNING YOUR EXERCISE THE RIGHT OF WITHDRAWAL BEFORE THE WITHDRAWAL PERIOD HAS EXPIRED.

CONSEQUENCES OF WITHDRAWAL

IF YOU WITHDRAW FROM THIS AGREEMENT, WE ARE OBLIGED TO REFUND ALL OF THE PAYMENTS THAT WE HAVE RECEIVED FROM YOU, INCLUDING THE COSTS OF DELIVERY ( EXCEPT ADDITIONAL COST RESULTING FROM YOUR DECISION TO USE A DIFFERENT DELIVERY METHOD THAN THE LEAST EXPENSIVE TYPE OF STANDARD DELIVERY OFFERED BY US), WITHOUT ANY UNDUE DELAY AND IN ANY EVENT NO LATER THAN 14 DAYS FROM THE DAY ON WHICH WE ARE INFORMED ABOUT YOUR DECISION TO WITHDRAW FROM THIS AGREEMENT. FOR THIS REFUND, WE WILL USE THE SAME PAYMENT THAT YOU USED FOR THE ORIGINAL TRANSACTION, UNLESS YOU HAVE EXPRESSLY AGREED OTHERWISE; IN ANY EVENT, WE SHALL NOT CHARGE YOU ANY FEES AS A RESULT OF SUCH REIMBURSEMENT.

SPECIAL INFORMATION PLEASE NOTE THAT YOUR RIGHT TO WITHDRAW EXPIRES PRIOR TO THE EXPIRY OF 14 DAYS, IF WE HAVE PROVIDED SERVICES TO YOU IMMEDIATELY UPON THE START OF THIS AGREEMENT AND HAVE INFORMED YOU ABOUT SUCH PRIOR EXPIRY BEFORE PROVIDING SERVICES AND HAVE RECEIVED YOUR CONSENT THERETO.

– End of Cancellation Policy –

According to the legal provisions, WeQ states the following about the sample cancellation form:

Sample Cancellation Form

(Please fill out this form and send it back if You wish to cancel the Agreement.)

– To:

WeQ Global Tech GmbH
Schwedter Str. 263
10119 Berlin
Germany
info@weq.com

– I hereby revoke the Agreement executed by me relating to the purchase of the following products (*)/the following service (*) provided
– Ordered on (*)/received on (*)
– Consumer name(s)
– Consumer address
– Consumer signature (only if notification is on paper)
– Date

(*) Cross out if it does not apply.

6. Ownership and scope of license

6.1 Except for User Content, WeQ owns or has licensed all rights, title and interest in and to the WeQ Services including all WeQ Content, program code, software, graphics, game titles, texts and trademarks.

6.2 Downloading our WeQ App or connecting to our WeQ App on Facebook and accessing our WeQ App is only permitted for Your personal use. Provided that You are in compliance with these Terms, WeQ grants You a non-transferable, non-exclusive, non-sub licensable, revocable limited license to connect to the WeQ App on Facebook and to download our WeQ App to Your device and to play them.

6.3 When You purchase a Virtual Item You do not own such Virtual Item, but You acquire a limited license to use the Virtual Item as a feature inside the WeQ App that You purchased the Virtual Item in. You understand that Virtual Items are no assets that one can own. Thus they cannot be transferred, neither from one WeQ App to another nor from You to another user account nor vice versa. The license granted to You ends when You used up the purchased Virtual Item or this User Agreement expires.

7. Content and Content Rights

WeQ is posting, generating, providing, or otherwise making available text, graphics, images, music, software, audio, documents, company name illustrations, video, works of authorship of any kind (“Content”) through the WeQ Services. Content includes without limitation User Content.

8. User Content

8.1 Our WeQ App may offer You to post, upload, publish or display content and communicate with and/or transmit to other users and WeQ (“User Content”). You represent and warrant that You own all Your User Content or have all rights that are necessary to grant us the license rights in Your User Content under these Terms. You also represent and warrant that neither Your User Content, nor Your use and provisions of Your User Content to be made available through the WeQ App nor any use of Your User Content by us on or through the WeQ App will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

User Content made available via our WeQ Apps shall not:

– Breach applicable law including third party rights;
– contain any unsolicited or unauthorized commercial communication such as spam, advertising, promotional material;
– be likely to be misinterpreted and do contain content that is defamatory, violent, obscene, offensive, racist, unethical, discriminating, harmful to minors, includes nudity or implied nudity, insult, threaten, provoke, or harass others including other users as well as WeQ and its employees and partners.
– link or refer to any source outside the WeQ App that is in breach of the aforementioned.

8.2 By making User Content available via our WeQ App, You grant WeQ a permanent non-exclusive, worldwide, royalty-free, sub-licensable right to use, reproduce, display, transmit, modify, copy, and distribute the User Content inside the WeQ App and to publish Your User Content in all media and to adapt it for this purpose.

8.3 As the provider of technical means to make User Content available, WeQ is neither obliged not able to review all User Content. We are not responsible for any User Content. Sole responsible for User Content is such person, who makes User Content available through the WeQ App. If You provide User Content, You shall indemnify and hold harmless WeQ from and against all and any liabilities, losses, damages or expenses (including reasonable attorney’s fees, costs and expenses) arising out of a claim related to Your breach of Sec. 9, unless not caused by Your fault.

8.4 WeQ reserves the right, but is not obligated to, delete, move or edit User Content that WeQ, in its sole discretion, deems to be in violation with the guidelines set forth herein or any other applicable content guidelines or deem to be otherwise unacceptable.

9. User conduct of WeQ Apps

9.1 The WeQ Apps are for Your non-commercial, personal use only and must not be used for business purposes. You represent that You are accessing our WeQ Apps as a private person. The commercial use of our Apps is not allowed. You shall download and connect to and use our WeQ App only according to these Terms, any app store and platforms terms and applicable law. Except for making a reasonable number of copies for backup or archival purposes, You may not copy the App. Unless expressly permitted in these Terms, You may not distribute, transfer, sublicense, lease, lend or rent the App to a third party. We reserve the rights in and to the App not expressly granted to You under these Terms.

9.2 If provision of information of data is required by applicable law or for our services, You must provide all of these accurately and in full, and keep them up to date at all times. Please refer to the Privacy Policy for details of the full purpose and scope of data collection and processing and use of data by WeQ, and Your rights in this respect.

9.3 You agree not to download and use our WeQ Apps and acquire Virtual Items from app stores and platforms other that we make our WeQ App available on, and not to use our WeQ Apps on devices and platforms other than we provide relevant Game for.

9.4 You are prohibited from interfering with our WeQ Apps and gameplay inside our WeQ Apps regardless of whether or not this includes manipulation of the software, front – or back-end or networks. In particular and without limitation You shall not:

– create, offer or use cheats, hacks, exploits or any other unauthorized application, tool or command that modifies the WeQ App or gameplay or circumvents technical protection measures in a way not intended by WeQ;
– make the functionality of the WeQ App available to multiple users through any means;
– disassemble or reverse engineer, decompile any of the software used to provide the WeQ App;
– offer, create or use any malware including but not limited to Internet worms, computer viruses, Trojan horses, hoaxes, dialers;
– sell and transfer a WeQ App account;
– provide, offer or acquire our WeQ Apps or Virtual Items by means other than explicitly facilitated by WeQ;
– spy on WeQ, its WeQ Apps or any other services or users or collect data unauthorized.

10. Availability and Update of the WeQ App

10.1 WeQ may add new or remove existing features and Content of the WeQ App. Thereby, WeQ will take into consideration Your interest. You understand that WeQ is not obliged to continue providing either support or updates of the WeQ App.

10.2 In addition, we may impose limits on certain features and aspects of the WeQ Services or restrict Your access to parts or all of the Services without notice or liability and for any reason. WeQ reserves the right to terminate Your use of the WeQ Services if You misuse the Services in any way, or act in an inappropriate, unlawful or illegal manner, in our sole and absolute discretion.

10.3 To ensure security of the system, by reasons of stability and capability and only in due consideration of User interest, WeQ may automatically update WeQ Apps, also on the User’s mobile device, if the device’s settings allow for it.

10.4 You understand that maintenance may affect availability of our WeQ Services. Such downtimes may also be caused by technical problems beyond WeQ’s control.

10.5 For the avoidance of doubt, WeQ does not warrant that the WeQ Services will meet Your requirements or be available on an uninterrupted, secure, or error free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

11. Limitation of liability

11.1 To the maximum extent permitted by applicable law, nothing in this Terms shall determine WeQ liable for any direct, indirect, incidental, special, consequential or punitive damages.

With exception of the aforesaid, WeQ shall pay obligatory compensation:

(i) to the full amount only of wilful acts of damage or absence of a service WeQ has guaranteed;
(ii) limited to the amount of foreseeable damages in cases of gross negligence;
(iii) in all other cases only for breach of a duty which is essential for achieving the purpose of the Agreement and on the fulfilment of which You can regularly rely on (“Cardinal Obligation”), to the extent of foreseeable damages.
(iv) for liability under the German Product Liability Act (Produkthaftungsgesetz) and for injury to life, limb and health from WeQ’s negligence or malice.

11.2 Without prejudice to the foregoing, and only where applicable law allows such limitation, WeQ shall only be liable for WeQ’s slight negligence, if this causes a breach of a Cardinal Obligation under this Agreement. In this case, WeQ’s liability shall be limited to predictable damages and losses that usually occur in these cases. Any further liability of WeQ is excluded.

11.3 A limitation period of one year applies for all damage claims of either Party against the other Party.

11.4 Our liability, limitation or exclusion of liability to the aforementioned extent shall also apply to damages caused through breaches of our employees’, workers’ staff’s, representatives’ and auxiliary persons’ obligations.

12. Changes to Terms or Services, Contract duration and Termination

12.1 From time to time, we may amend these Terms, at our sole discretion. If we do so, we will notify You about amendments no later than four weeks before such changes take effect by posting of such modified Terms to the WeQ Website or, in case You are using our WeQ Apps, through direct notification inside the WeQ App. You have the right to object to such changes within four weeks of such notice. If You continue using the WeQ Services after the objection deadline, You hereby provide Your consent to the changes. If You object, we may terminate the Agreement according with this Section of these Terms.

12.2 Either party may terminate the Agreement upon 14 days prior notice (written or electronic communication). The Agreement may also be terminated by You with immediate effect by deleting the WeQ App from Your device or removing the WeQ App from Your Facebook apps.

12.3 This Agreement shall continue for an undefined period and may be terminated by either party for cause without giving notice. Reasons for such termination for cause include the material breach of the Terms. Your access to our WeQ Service may be suspended by us, if we reasonably believe that You are in material breach of these Terms. Your breach of Sec. 9 or 10 shall be considered a material breach.

12.4 Upon expiry, you will no longer be able to access the WeQ App that was subject matter of the Agreement and Your in-game progress and any other game related data will be deleted. By re-download the WeQ App or accessing again to the WeQ App on Facebook, we will enter into a new Agreement with You. Game related data, however, cannot be restored.

13. Final Provisions

13.1 You shall not assign or transfer any rights or obligations under the Agreement to a third party without WeQ’s prior written consent. WeQ may assign or transfer all or a part of its rights or obligations pursuant to this Agreement to a third party without Your consent.

13.2 An invalid, unenforceable or unintentionally omitted provision shall not affect the validity of the remaining provisions.

13.3 The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or meaning of this Agreement or any portion hereof.

13.4 Supplementary terms and conditions or revisions to the Terms are recognized only with the explicit prior consent of both Parties in text form.

13.5 The Parties shall submit all their disputes arising out or in connection with this Agreement to the exclusive jurisdiction of the courts of Berlin, Germany.

13.6 The Agreement and their interpretation shall be governed by and shall be construed in accordance with the laws of Germany, with the exception of the UN Convention on Contracts for the International Sale of Goods dated 11/4/1980.

Berlin, May 2019