Terms and Conditions/Rules

§1 Scope and conditions for participation

1. The game is operated by (hereinafter "operator"):

Municipal Museum Schloss Rheydt
Schlossstr. 508
41238 Mönchengladbach

2. The following general terms and conditions ("terms and conditions") govern the use of the "RheinMaaster" game and the game content. The game is offered by the operator via the platforms iTunes and Google Play Store as an app for mobile devices.

The app allows connection to the game server (Server4You). In order to participate in the game, a (permanent) Internet connection is required and registration is mandatory.

3. The use of the game is free of charge and is subject to the acceptance of these terms and conditions.

4. By participating in the game, the terms and conditions are recognised.

5. The game is being developed. Participation is only possible at the latest level of development.

6. Current terms and conditions/rules replace older ones.

7. It is not possible for the operator to directly control all content. They assume no responsibility for the content, accuracy or form of participant contributions.

8. Each participant as the author is responsible for his/her own contribution and must comply with the existing statutory provisions on his/her own responsibility. It is therefore expressly prohibited to write illegal, offensive or punishable contributions. The provisions of criminal law, protection of minors, trademark law, copyright and fair competition must be observed.

9. Any form of advertising is prohibited. This is true for both commercial and non-commercial purposes. Such posts will be removed. The operator reserves the right to charge authors for the costs of cleaning up the contents of advertising articles.

§2 Conclusion of the contract and content

1. The participant must log in to the app with their own social login. If they do this, the contract comes into force. The use of any identity other than your own is prohibited.

2. The disclosure of your own name is not required in order to participate. Voluntary information about your own identity must correspond to the truth and must not contradict defined rules for content under §1 para. 8.

3. The provision of the app is not binding on the operator.

4. There is no right to participate. The operator has the right to exclude users without giving reasons.

6. Upon termination of the participant account, the entries submitted by the participant and the points earned will be deleted.

7. Content provided by the user may be used, reproduced and published by the operator in the context of the description and distribution of the RheinMaaster app.

§3 Obligations of the participant

1. The user confirms that they are at least 14 years old. If they are not yet of legal age, they confirm that effective consent is given by their legal representative.

2. Registration must be made in person and is personal. It cannot be transferred to other people. Automated or third-party registrations are prohibited.

3. The identity has to be protected. A transfer of own account access is prohibited, as well as the use of account access by third parties. In case of suspected misuse of the login account, the operator must be informed. The operator is entitled to block the account in case of suspected abuse or even delete it.

4. Participants may only register for the purpose of participating in the game. You are not allowed to use the app commercially or for non-gaming purposes.

5. Any manipulative interference with the game is prohibited.

6. The participant accepts the rules of the game.

§4 Obligations of the operator

1. The operator allows the registered participants to participate in the game for free.

2. The operator owes no accessibility and assumes no liability for connection errors.

3. The operator undertakes to counteract data loss and takes precautionary measures. They cannot be held responsible for data loss.

4. The operator undertakes measures to protect the software from malware. They are not liable for any consequences of criminal or wilful takeover by third parties.

§5 Game features

1. The creation of an account and participation in the game is free. Attendees will gain progress as the game progresses, resulting in "badges" or "stages of development". The progress is generated by the activities in the game and the awarding of points by other participants. A claim to a "minimum progress" does not exist and cannot be controlled by the operator.

2. Most actions require the activation of the location service of the mobile device.

3. The game features will be further developed. There is no right to the maintenance of functionalities.

§6. Right of revocation

Since the use of the complete offer is free, there is no reason to exercise a revocation. Deleting a participant account also deletes the generated content.

§7 Rules of the game

1. The "RheinMaaster" game has the purpose of entertaining the participants. It may also be used for non-commercial educational purposes or group work in the environment of clubs, schools, museums or educational institutions.

2. Participants use the app to depict or record cultural, historical, geographical or other regional identity-creating features. Knowledge is exchanged about these peculiarities, as well as their connection with other content within the app or other media. Links to commercial offers are to be omitted.

3. Each participant ensures that no third party rights are infringed (copyright, personal rights) and that all legal requirements are met. The participant indemnifies the operator against third party claims, if the participant is responsible for the violation.

4. Disclosure of identity is not required, however, and if it is for the purpose of exchange outside the app, the operator assumes no liability.

5. Errors or omissions in the program do not justify misuse or use for non-gaming purposes.

6. The operator is not liable for inappropriate or improper contents for the purpose of the game. Checking takes place at random. Participants can report content to the operator for review. There is neither a right to removal nor a right to the continued existence of content.

7. The participant is prohibited from taking measures that result in data volume beyond the direct purpose of the game and the intended quantities.

§8 Virtual domestic authority

1. The "RheinMaaster" game falls under the virtual domestic authority of the operator. This includes the right to define and further develop the game itself, the conditions of participation, the conditions of the provision of the game.

2. If a participant violates the rules, the operator has the right to exclude this participant from the game and to delete their account and the contents linked to it.

§9 Copyright and property rights

1. All copyrights, usage rights and other intellectual property rights in relation to the "RheinMaaster" game lie with the operator or are protected in favour of third parties. The user may use the content and functions provided to them only in the context of participation in the game and for the duration of the contractual relationship.

Without the express permission of the operator, no participant has the right to use the contents of the game in any media or digital form outside the defined game. All parts of the software are the property of the operator or are protected. The defined exceptions to open source licenses can be found here_______________. here.

2. The name "RheinMaaster", the logo and the design are the property of the operator. No use by third parties is permitted.

§10 Contract term and termination

1. The contract of use between the operator and the participant is concluded for an indefinite period in accordance with the provisions under §2.

2. The participant can cancel the contract at any time without notice and without giving reasons by deleting their account in the app and removing the app from their devices. All their posts and content will be deleted.

3. The operator can terminate the contractual relationship at any time and without stating reasons.

§11 Sanctions and game exclusion

The operator has the right to exclude a participant from the game if

  • they violate § 2A section 1, § 3 section 1, 2 or 3, (unauthorised use of an account).

  • they violate § 3 section 4. (commercial or promotional use)

  • they violate § 2 section 1 (use of the identity of third parties)

  • they violate § 3 section 5 (manipulative interference by software and mechanisms).

  • they violate the rules of the game laid out in § 7

  • they violate the copyright and other proprietary rights of third parties deposited in § 9.

§ 12 Limitation of Liability and Indemnity

1. The operator provides the "RheinMaaster" game and the opportunity to participate free of charge and therefore liable according to the statutory requirements only for intent and gross negligence.
2. The operator is not liable for unauthorised access, knowledge, distribution or misuse of the voluntarily shared personal data by third parties ("hackers") and is also not liable for information provided by users.
3. The operator is not liable for data loss (content, experience) and is also unable to recover deleted accounts.
4. The operator does not guarantee technical accuracy.
5. In the event of infringement of third party rights, intellectual property rights and other personal rights, the participant releases the operator as well as the affiliated companies, employees and executives from claims of third parties. Reasonable legal fees are included in this. This applies as far as the participant is responsible for the violation.

§ 13 Data protection

The operator complies with the applicable data protection regulations. The privacy policy for the app can be found here. The privacy policy for the website can be found here..

§14 Final provisions

1. All rules deviating from these provisions must be in writing.
2. Changes to the terms and conditions will be announced in the game.
3. Should individual provisions be or become ineffective, the validity of the remaining provisions shall not be affected. An ineffective provision is replaced by mutual agreement by the contracting parties by such a provision, which comes closest to the meaning and purpose of the ineffective provision in a legally compliant manner.
This also applies to regulatory gaps.
4. The law of the Federal Republic of Germany applies.
5. At https://ec.europa.eu/consumers/odr/main/ the European Commission provides an online dispute resolution platform. Consumers can use this platform for the settlement of their disputes. The operator is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
Version 21.01.19
End of the Terms and Conditions
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