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Terms and conditions

1. Scope

  1. These terms and conditions apply to all services on the website www.phenomedia.com as well as the shop system www.einfach-spielen.de, especially but without exclusion of further services, for such services making necessary payments of the user. By using and / or downloading and / or installing the above content the user agrees to the terms and conditions as defined herein.
  2. Aberrations of these terms and conditions or other terms and conditions only apply as agreed, if they have been explicitly approved in written form by phenomedia. The mere failure of objection by phenomedia against changed terms and conditions in particular does not lead to their agreement.
  3. phenomedia is entitled to change the existing terms and conditions as set out in this document at any time. phenomedia will inform the user on time about the changes concerning the terms and conditions applying to him or her.
  4. phenomedia is specifically entitled to change the terms and conditions in case of changing jurisdiction or legislation to ensure conformity with applicable law. Every change including the updated version of the terms and conditions will be communicated to the user by being uploaded on the website phenomedia.com.
  5. phenomedia is not responsible for the services of internet providers that have linked their websites to phenomedia.com or whose links are placed of the afore website by phenomedia. The respective terms and conditions of the other providers apply to these services.

2. Access authorization

  1. In general, all users are authorized access.
  2. phenomedia concludes user agreements concerning paid content only with persons above 7 years of age.
  3. phenomedia further concludes user agreements regarding USK and/or PG rated contend only with such persons having passed the applicable age rating for the individual game. Where not required by applicable law phenomedia strongly recommends parents to supervise the execution of downloads by kids or children.

3. Availability

phenomedia’s services are offered to the user under reserve dependent on availability. phenomedia endeavors to secure that its services are available to the user without fault. Maintenance work and/or further development and/or others errors (e.g. viruses) can limit and/or temporarily interrupt the users’ possibilities to access the games. phenomedia waives all liability is this respect. phenomedia is further entitled to change, end or modify the offered services in its sole discretion at any time without any prior announcement.

4. User agreement

The agreement concerning the usage of paid content offered by phenomedia under the above websites comes into effect by the user’s registeration with an payment system offerer, release of payment ( if required ) and the user’s acceptance of these Terms and Conditions. Subject to the users compliance with these Terms and Conditions phenomedia enters into the User agreement by granting access to the paid content.

5. Payment transactions

  1. According to the individual Terms and Conditions of the chosen payment system offerer the fees for the paid content are collected prior to delivery of the paid content. For any fiscal transaction in this context the Terms and Conditions of the individual payment system offerer, which are disclosed by same in the course of registration / remittance of payment, apply. The fees are to be settled with the payment system offerer according to the Terms and Conditions of same.
  2. If the user does not comply to his or her payment obligations and does not conduct payment actions respectively or if a these payment actions are redebitted, phenomedia is entitled – under reserve of additional claims – to exclude the user from using the offered content. If the exclusion occurs because of open accounts and the user settles them, the user will be accepted again.

6. User’ s responsibilities /privacy

  1. The user commits himself further to accommodate the approved principles of data integrity in order to protect data and follow the responsibilities of the privacy agreement, where necessary check e-mails and queries sent to phenomedia for viruses with the highest accuracy possible as well as to follow legal, official and technical rules, to keep potential user names and passwords a secret, not to pass same on, not to tolerate information or even make it possible and to take the necessary measures to ensure confidentiality and to notify phenomedia at once in case of abuse or loss of these data or an accordant suspicion. phenomedia is to be notified at once about any indices for a misuse of phenomedia’s or the payment system’s content as well.
  2. phenomedia reserves the right to block the use of services provided by phenomedia or disable a possible existing user account as well as notify the authorities, in case of justified suspicion concerning misuse of phenomedia’s or the payment system’s services.
  3. phenomedia commits itself to keep the users’s data secret and to comply with the applicable terms of privacy.

7. Liability

  1. Where not excluded by compulsive law phenomedia’s liability is limited to the companies, its employees or its legal agents or vicarious agents deliberate or wantonly negligent behavior. For further cases, phenomedia’s liability is barred, unless compulsive legal regulations apply.
  2. Liability for collateral damage, especially consequential harm caused by a defect, unforeseeable damage or untypical damage as well as missed winnings is excluded. The same applies for the consequences of collective actions, accidental damage and Act of God.
  3. The content and information exchanged by users in chats and forums as the case may be are not under phenomedia’s control. Because of this phenomedia takes no responsibility for content and information in forums and can not be held responsible in such context. The responsibility for the content published by users on phenomedia’s websites lies with the users only.
  4. Any responsibility concerning technical or similar incidents is excluded.
  5. Where the User claims the provided content to be defective or incomplete, the user has to notify either phenomedia or the Payment System Offerer according to the Payment System Offerer’s Terms and Conditions directly with immediate effect.

8. Copyright

  1. All content, information, pictures, videos and database published on the website phenomedia.com are legally protected and intellectual property of either phenomedia or third parties.
  2. The use of such content is for private use only. Every further use, especially private and commercial duplication, alteration, circulation or storage of information or data, specifically of texts, text components or graphic material requires phenomedia’s agreement first. This also applies to the recording of electronic databases and duplication on CD-ROM, DVD etc. Incidentally, the legal borders resulting from copyright and the other applicable legal directives apply here.

9. Final provisions

Should several clauses of this agreement including these regulations be invalid – as a whole or partially – or should this agreement contain a gap, the validity of the other regulations or parts of them remain intact and binding. The respective legal regulations apply instead of the invalid or missing regulations.

Advanced terms of use apply to using the board. The user has to accept these terms in order to use the board.


Terms of use - Bella & Ben/EINFACH SPIELEN board

  1. The board and its sub-forums are part of the Bella & Ben/EINFACH SPIELEN portal which belongs to phenomedia publishing gmbh, Friedrich-Ebert-Str. 14, 44866 Bochum (consecutively: operator).
  2. All posts exclusively represent the author’s opinion which does not necessarily match the board’s operator’s opinion. The operator explicitly reserves its right to abbreviate posts. Before creating, uploading or answering posts on the board, a registration is imperative. The operator commits itself to keep the users’ data that is needed for the registration secret and to comply with the applicable terms of privacy. Every individual user of the board is entitled to have a user name. The parallel usage of more than one user name is only acceptable, if it happens because of technical reasons and the respective user identifies himself or herself while posting. Any other usage of more than one user name results in the user’s exclusion from the board including all of his or her user names.
  3. The operator reserves its right to divide the board into various sub-forums. Should it be necessary to include a topic into more than one sub-forum, a moderator can create a cross reference. On behalf of the board’s clarity a distinct topic should not be discussed in more than on thread.
  4. Because of copyright issues no texts from other websites (e.g. press articles) must be quoted as long as there is no authorization for doing so. However, posting a link to the respective text published on the original website is allowed. The same goes for pictures.
  5. The operator employs moderators in its sole discretion who support the operator in handling the board. They act on the operator’s behalf. The operator and the moderators do not in any case take responsibility for posts they did not write or had the moderators write on the operator’s behalf.
  6. The following kinds of posts are not permitted on the board and will be deleted immediately as the operator sees fit without informing the author:
    a) Posts that offend against the laws of the Federal Republic of Germany
    b) Deliberate false reports or posts that insult, impertinently attack or discredit the operator, the moderators, other board users or third parties
    c) Posts with a distinct advertising character by third parties
    d) Posts that have nothing to do with topic of the thread / board
    e) Posts that are only intended to put the author’s person or company in the spotlight
    f) Senseless posts (e.g. smileys or character-only answers such as *gggg*), SPAM, etc.
  7. Because of the distinct IP address it is possible to identify the author of posts. The operator reserves its right to forward IP addresses to the respective authorities in case of misuse of the board.
  8. In case of technical problems as well as complaints please contact the operator.
  9. The operator reserves its right to modify these rules without prior announcements. The most recent version will always be published here.
  10. The operator reserves its right to modify these rules without prior announcements. The most recent version will always be published here.


Information about editorial content on EINFACH SPIELEN

  1. The opinions expressed in game reviews and other editorial content are statements of individual authors or fictional.
    They are not meant to represent the opinions of the phenomedia publishing gmbh and are not to be attributed to the company or its employees.


Information about content received by e-mail or mail on EINFACH SPIELEN

The senders allow phenomedia to use the content for publication on www.einfach-spielen.de by the material's transmittal.

The senders assure phenomedia of being the rightful owners of the content. phenomedia reserves the right for editorial adaptation of the content. The senders are not entitled to demand publication for content they sent.


Status April 2009

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