General Terms and Conditions of Use

1. General Terms and Conditions – Scope of Application

• 1.1 The following General Terms and Conditions of Use (“Conditions”) apply to the use of our Services and to all contracts entered into on Buildom between us as the Service Provider and you as the User. The version which is valid at the time of registration or Purchase is decisive.

  These Conditions do not apply to the purchase of activations and Paid Services, which must be acquired via third-party providers (e.g. Paddle). If the User accepts such offers from third parties, the contract is concluded exclusively between the User and the third-party provider, please note the terms and conditions of the respective third-party provider.

• 1.2 The Service Provider offers the use of the Services exclusively and solely to individual consumers aged 16 or older.

  The Service Provider reserves the right to block Users who do not comply with the above restriction and to delete their registered accounts.

2. Object of the Contract

• 2.1 The User can use the Services on Buildom either free of charge (“Free Service”) or after purchasing chargeable activation (“Paid Service”).

  Purchase of Paid Service is not available through the Service Provider and is exclusively offered by third parties (e.g. Paddle). The contract is entered into exclusively between the User and the third party. In this case, the terms of the conditions of the third-party provider shall solely apply.

  After purchasing the Paid Services, the Service Provider will grant the User access to the paid features, subject to these Conditions.

• 2.2 The essential characteristics of the Services we offer, the validity period of limited offers and the prices for the use of Paid Services can be found in the product and service descriptions on Buildom. As far as purchases can only be obtained through third parties, only the information there is valid.

  The Service Provider reserves the right to provide some or all of the Paid Services free of charge for a limited period of time.

• 2.3 The Services are exclusively available on Buildom, in the most up-to-date version and can be used with common browsers (please refer to service description) and accessed via the Internet. It is the User’s responsibility to use suitable and up-to-date software and hardware for accessing the Services via internet.

• 2.4 The Services are exclusively provided for the User’s entertainment. The game rules published on Buildom apply. Any use for commercial purposes is - subject to an explicit permission by the Service Provider – strictly prohibited.

3. Conclusion of Contract

• 3.1 For access to the Service (regardless of whether Free or Paid service) the registration of the User on Buildom is required.

  The registration can be done by entering the registration data on Buildom or by using corresponding functions of social networks, Facebook-Connect or Google-Sign in. The prerequisite for registration via a social network is prior registration with the social network by the User in accordance with the respective terms and conditions.

• 3.2 Our product and service descriptions on the Internet do not constitute an offer, but a non-binding request to the User to make a contractual offer.

• 3.3 By registering with Buildom, the User declares that he/she wishes to use the Services in accordance with these Conditions.

  The Service Provider will immediately confirm receipt of the contractual offer by sending a verification code upon registration on Buildom. Only after entering the verification code, the Service Provider can activate the account. If the registration is effected via Facebook-Connect or Google-Sign, this verification process may be omitted.

  After activation of the account, the User will then receive a confirmation by e-mail, including these Conditions of Use and our Privacy Policy.

• 3.4 The confirmation of receipt does not constitute a declaration of acceptance. The Service Provider is entitled to accept the contractual offer contained in the electronic order within three working days of its receipt, but no later than five days after submitting your offer. The acceptance can take place by confirmation in writing, by activation of the account of the User or, in case of purchase of Paid Services, by granting access to the Paid Services, after confirmation of payment.

  With the acceptance by the Service Provider, an agreement between the User and the Service Provider is concluded, always subject to these Conditions.

• 3.5 Upon registration, the User must provide a player name (a.k.a. nickname) that identifies his/her account. The User is not entitled to a specific nickname, especially if it has already been assigned to another User.

  The nickname may neither be the first name or last name of the User nor an e-mail address or URL. The nickname must not violate the rights of third parties or in any other way violate legal regulations or morality. The Service Provider reserves the right to delete accounts whose nickname violates this.

  The nickname is published and can be viewed by other Users via game statistics or replays.

• 3.6 As far as this is necessary for the conclusion and/or the execution of the contract, the Service Provider reserves the right to demand a suitable proof of identity from the User in compliance with data protection regulations.

• 3.7 A transfer of the account or the transfer of the access data to third parties is - subject to the approval of the Service Provider - strictly prohibited.

4. Revocation

• 4.1 Right of Revocation

Complete and return this form if you wish to withdraw from the contract.

To:

Martin Kleinhans  
Prälat-Michael-Höck-Strasse 15  
85354 Freising  

E-mail: info@buildom.de

– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________


– Ordered on (*) / Received on (*): _____________________________________

– Name of consumer(s):       _____________________________________

– Address of consumer(s):  _____________________________________

______________________________
– Signature of consumer(s) 

_______________________
– Date, Place

(*) Delete as appropriate.

• 4.2 Notwithstanding the above, the User’s statutory right of revocation expires when (i) the Service Provider has begun to execute the contract; and (ii) the User has expressly consented to the performance of contract; and (iii) the User has acknowledged the loss of his/her right of revocation by agreeing to performance of contract.

5. Term and Termination

• 5.1 Unless otherwise expressly agreed, the contract for the use of the Services is concluded for an indefinite period.

• 5.2 The contract can be terminated by both parties at any time without notice period, unless the User has purchased Paid Services or the parties agreed to a fix term.

  In case of a fix term early termination without cause is not allowed.

  If the User has purchased Paid Services, a termination without cause by the Service Provider is only possible with a notice period of one month. Termination without cause by the User remains possible at any time without notice.

  In case of termination the Service Provider is not obliged to reimburse to User any monies with regard to the purchased Paid Services, which are already compensated by the provision of the Paid Services during the notice period.

• 5.3 The abovementioned does not affect the Service Provider’s rights to terminate the contract for cause in case of User’s default. The User is in default, if he/she

  • (i) materially breaches the provisions of these Conditions and the breaches are not only minor violations, or (ii) repeatedly breaches despite warning, unless the User is not accountable for the breaches; or

  • (i) is in delay of any payments due under the provision of these Conditions for Paid Services or any parts thereof, and (ii) does not pay upon warning notice or uses Paid Services, which are only offered against payment of a fee, without payment of such a fee unauthorized.

• 5.4 The termination requires written or electronic form (e-mail sufficient), unless such can be undertaken by deletion of the account.

6. User’s obligation

• 6.1 The User is obliged to provide truthful and complete information during the registration. If his/her data is changed, the User must inform the Service Provider immediately or, if possible, correct his/her profile data.

• 6.2 The password chosen by the User during the registration process must be kept secret by the User and not disclosed to any third party. The Service Provider will not in any case ask the User for the password at any time outside the registration and login process on Buildom. The password must be chosen by the User with sufficient security and should consist of at least eight characters with a combination of numbers, letters and special characters.

  If in Service Provider’s reasonable discretion, it is suspected that the password may have been passed and/or leaked to third parties, the Service Provider is free to request the User to assign a new password and/or to block the account until then.

• 6.3 By registering for Buildom the User confirms to be at least 16 years old at the time of registration.

• 6.4 It is strictly prohibited, and the User shall not

  • publish, disseminate or otherwise use any racist, offensive, pornographic, violent or otherwise illegal content via the communication services offered on Buildom (including links to such content);

  • without the consent of the copyright holder(s)make publicly accessible any content protected by copyright, trademark, patent or other intellectual property rights via Buildom and the services offered there, advertise such content or otherwise use it in an infringing form on or via Buildom.

• 6.5 It is further prohibited, and the User shall not use the Services for commercial purposes or in any manner that violates applicable completion laws,

  • in particular, it is prohibited to harass other users or third parties via the Services in an unreasonable manner, especially by sending unsolicited electronic advertising mail;

  • further prohibited is the sending of chain letters, the organisation, advertising or other promotion of structural distribution measures such as multi-level marketing and/or network marketing (even if such measures are legally permissible).

• 6.6 The Service Provider reserves the right to remove and delete any content that violates these Conditions or the game rules of Buildom.

• 6.7 The User shall indemnify the Service Provider, its employees, representatives, agents and affiliates against any claims by third parties (including reasonable legal fees) which they may assert against the Service Provider due to infringement of their rights, in particular copyright, licence, competition or other property rights, personal rights and/or other rights resulting from content posted by the User or other use of the Services by the User.

  For the purpose of legal defence, the responsible User shall provide the Service Provider with all necessary documents and records, as long as the User does not thereby commit a legal violation, in particular a violation of data protection law.

• 6.8 The User is prohibited from using the Services in connection with measures, software, scripts, cheats, hacks or similar mechanisms if these have not been expressly approved for use by the Service Provider.

  In particular, the User is prohibited from using such mechanisms or any malicious software to interfere with the functionality of the Services, including but not limited to

  • by deliberately overloading the technical capacities,
  • to influence the course of the game in an inadmissible manner,
  • to gain access to Paid Services without purchasing an activation,
  • to gain access to data which the User is not entitled to access.

7. Service Provider’s liability

8. Applicable law / Place of Jurisdiction

• 8.1 The legal relationships between the Service Provider and the User as well as these Conditions shall be governed by the laws of the Federal Republic of Germany to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods.

• 8.2 Exclusive place of jurisdiction for all disputes arising directly or indirectly from the business relationship shall be the place of business of the Service Provider if (i) the User is a merchant, a legal entity under public law, or (ii) a special fund under public law or has no general place of jurisdiction in the Federal Republic of Germany, or (iii) the User has moved his/her residence or habitual abode abroad after conclusion of the contract (iv) or his/her residence or habitual abode is not known at the time the action is filed.

• 8.3 If the User is a consumer, the provisions of Clauses 8.1 and 8.2 shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the User’s habitual residence is not thereby withdrawn.

9. Miscellaneous

• 9.1 The User has no right to offset unless the counterclaims originate from the same contractual relationship or they are undisputed or have been confirmed by a legally binding court decision.

• 9.2 The User can only exercise a right of retention if the counterclaim is based on the same contractual relationship.

Further user information

Registration

By entering your e-mail address and a sufficiently secure password, you initiate registration by clicking on the “register for free” button.

After registration, you must first confirm your details by entering a validation code sent to your e-mail address.

Alternatively, if you have a Facebook or Google account, you can initiate registration by clicking the “Google” or “Facebook” buttons. You may also be asked to enter your e-mail address if Google or Facebook did not provide it.

When registering, you will also need to provide a player name (nickname) that identifies your account. The nickname must not be your first or last name, e-mail address or URL.

Upon completion of the registration, you submit an offer to conclude a (free) contract of use.

Acceptance

We accept this offer with the activation of your account.

Paid Services

We will provide you with the Paid Services as specified in the game description if you have purchased the corresponding activation via third parties. The terms and conditions of the respective third-party provider apply exclusively to the purchase of the activation. Please inform yourself about the order process on the pages of the third-party provider. It is not possible to purchase these activation codes via our Services.

Storage of the contract text

We save your contract data and send them to you after receipt of your registration by e-mail in text form.

Input Errors

During the registration process and before sending the data you have entered you have the opportunity to correct them in the input form.

After activation of your account you can update your data at any time.

Contract Language

Contracts with us are concluded in German or English.

Codes of Conduct

We are only subject to applicable laws. No codes of conduct apply.

Alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG:

The EU Commission has provided a platform for online dispute resolution. This platform is available at the following link: https://ec.europa.eu/consumers/odr

The Service Provider is not obligated to and nor does it intend to participate in this or any other process for Online Dispute Resolution.

This document was last updated on November 07, 2020