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AGB:
Acceptance
of Contract
The
following terms of use ("Terms of Use") are the terms of a
legal agreement between you, on the one hand, and FDG Entertainment
GmbH & Co.KG. (hereinafter referred to as "FDG"), on
the other hand.
FDG Entertainment GmbH & Co.KG is comprised
of various web sites and web pages owned and/or controlled and
operated by FDG Entertainment GmbH & Co.KG (collectively, the
"Sites").
The Sites are offered to you conditioned on
your acceptance without modification of the terms, conditions, and
notices contained herein and as outlined on any of the Sites. By
accessing, browsing and/or using the Sites, you acknowledge that you
have read, understood, and agree to be bound by these terms and
comply with all applicable laws and regulations, including U.S.
export and re-export control laws and regulations. IF YOU DO NOT
AGREE TO THESE TERMS, DO NOT USE ANY OF THE SITES.
Cookies
"Cookies"
are pieces of information that a web site transfers to an
individual's hard drive for record-keeping purposes. Cookies allow
the web site to remember important information that will make your
use of the site more convenient. Like most web sites, FDG's uses
cookies for a variety of purposes in order to improve your on-line
experience. For example, we track the total number of visitors to our
site on an anonymous aggregate basis. We may also employ cookies so
that we remember you when you return to the site, to administer
certain contests and sweepstakes and to help customize your FDG's web
experience. We may associate personal information with a cookie file
in those instances.
Use the options in your web browser if
you do not wish to receive a cookie or if you wish to set your
browser to notify you when you receive a cookie. Click on the "Help"
section of your browser to learn how to change your cookie
preferences. If you disable all cookies, you may not be able to take
advantage of all the features of this web site.
Links
to Other Sites
We may offer links to sites that are not
operated by FDG Entertainment GmbH & Co.KG. If you visit one of
these linked sites, you should review their privacy and other
policies. We are not responsible for the policies and practices of
other companies, and any information you submit to those companies is
subject to their privacy policies.
Changes
to our Privacy Policy
This
privacy policy is effective as of November 5th, 2007. From time to
time, it may be necessary for FDG Entertainment GmbH & Co.KG to
change this privacy policy. If we change our policy, we will post the
revised version here, so we suggest that you check here periodically
for the most up-to-date version of our privacy policy. Rest assured,
however, that any changes will not be retroactively applied and will
not alter how we handle previously collected information.
Restrictions
on Use
Material from www.fdg-entertainment.com and any
other World Wide Web site owned, operated, licensed, or controlled by
FDG Entertainment GmbH & Co.KG may not be copied or distributed,
or republished, uploaded, posted, or transmitted in any way, without
the prior written consent of FDG Entertainment GmbH & Co.KG
EXCEPT: you may download one copy of the material on one computer for
your personal, non-commercial home use only, provided you do not
delete or change any copyright, trademark, or other proprietary
notices. Modification or use of the materials for any other purpose
violates FDG Entertainment GmbH & Co.KG intellectual property
rights. The material in this site is provided for lawful purposes
only. If you download software from our site, the software, including
all files, images, contained in or generated by the software, and
accompanying data (together, the "Software") are deemed to
be licensed to you by FDG Entertainment GmbH & Co.KG. Neither
title nor intellectual property rights are transferred to you, but
remain with FDG Entertainment GmbH & Co.KG, who owns full and
complete title. You may not resell, decompile, reverse engineer,
disassemble, or otherwise convert the Software to a human perceivable
form.
Information
Security and Quality
FDG
Entertainment GmbH & Co.KG is committed to keeping secure the
data you provide us and will take reasonable precautions to protect
your personally identifiable information from loss, misuse or
alteration. We are committed to responding in a timely manner to your
requests to correct inaccuracies in your personal information.
To
correct such inaccuracies, please return the message containing the
inaccuracies to the sender with details of the correction
requested.
If you would like to have deleted the
personally-identifiable information you have submitted through the
Sites from our marketing databases, please contact us. We will then
use reasonable efforts to remove your personally identifiable
information from our files.
Illegal
behavior
Illegal
behavior involving the use of any of the Sites shall be grounds for
the termination of a Member's account. FDG Entertainment GmbH &
Co.KG shall fully cooperate with law enforcement officials on such
matters and prosecute such offenses to the full extent of the law.
Inedemnification
You
agree that you will be personally responsible for your use of the
Sites, and that you will indemnify, defend and hold harmless FDG
Entertainment GmbH & Co.KG, and its respective affiliates,
employees, officers, and directors from and against any and all
claims, liability, losses, damages, costs and expenses (including
reasonable attorneys' fees) incurred by FDG Entertainment GmbH &
Co.KG in connection with your use or alleged use of the Sites,
including your conduct. FDG Entertainment GmbH & Co.KG reserves
the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you,
and in such case, you agree to cooperate with FDG Entertainment GmbH
& Co.KG defense of such claim.
General
Terms and conditions
This
agreement is governed by the laws of Germany. You hereby irrevocably
consent to the exclusive jurisdiction and venue of courts in Munich,
Germany, in all disputes arising out of or relating to the use of the
Sites. You agree that no joint venture, partnership, employment, or
agency relationship exists between you and FDG Entertainment GmbH &
Co.KG as a result of this agreement or use of the Sites. FDG
Entertainment GmbH & Co.KG reserves the right to disclose any
personal information about you or your use of the Sites, including
its contents, without your prior permission if FDG Entertainment GmbH
& Co.KG has a good faith belief that such action is necessary to:
(1) conform to legal requirements or comply with legal process; (2)
protect and defend the rights or property of FDG Entertainment GmbH &
Co.KG or its affiliated companies; (3) enforce the Terms of Use; or
(4) act to protect the interests of its Members or others. FDG
Entertainment GmbH & Co.KG performance of this agreement is
subject to existing laws and legal process, and nothing contained in
this agreement is in derogation of FDG Entertainment GmbH & Co.KG
right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Sites or information
provided to or gathered by FDG Entertainment GmbH & Co.KG with
respect to such use. If any part of this agreement is determined to
be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between you
and FDG Entertainment GmbH & Co.KG with respect to the Sites, and
it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between you and FDG
Entertainment GmbH & Co.KG with respect to the Sites. A printed
version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent and subject to
the same conditions as other business documents and records
originally generated and maintained in printed form.
Restrictions
of Liability
FDG Entertainment GmbH & Co.KG will not
be liable for any damages or injury caused by, including but not
limited to, any failure of performance, error, omission,
interruption, defect, delay in operation of transmission, computer
virus, or line failure. FDG Entertainment GmbH & Co.KG will not
be liable for any damages or injury, including but not limited to,
special or consequential damages that result from the use of, or the
inability to use, the materials in this site, even if there is
negligence or FDG Entertainment GmbH & Co.KG or an authorized FDG
Entertainment GmbH & Co.KG representative has been advised of the
possibility of such damages, or both. The above limitation or
exclusion may not apply to you to the extent that applicable law may
not allow the limitation or exclusion of liability for incidental or
consequential damages. FDG Entertainment GmbH & Co.KG total
liability to you for all losses, damages, and causes of action (in
contract, tort (including without limitation, negligence), or
otherwise) will not be greater than the amount you paid to access
this site.
Submissions
All remarks,
suggestions, ideas, graphics, or other information communicated to
FDG Entertainment GmbH & Co.KG through this site (together, the
"Submission") will forever be the property of FDG
Entertainment GmbH & Co.KG. FDG Entertainment GmbH & Co.KG
will not be required to treat any Submission as confidential, and
will not be liable for any ideas for its business (including without
limitation, product, or advertising ideas) and will not incur any
liability as a result of any similarities that may appear in future
FDG Entertainment GmbH & Co.KG operations. Without limitation,
FDG Entertainment GmbH & Co.KG will have exclusive ownership of
all present and future existing rights to the Submission of every
kind and nature everywhere. Except as noted below in this paragraph,
FDG Entertainment GmbH & Co.KG will be entitled to use the
Submission for any commercial or other purpose whatsoever without
compensation to you or any other person sending the Submission.
Personally identifiable information that may be received at this site
is provided voluntarily by a visitor to this site. This information
is for internal purposes only and is not sold or otherwise
transferred to third parties of FDG Entertainment GmbH & Co.KG or
to other entities who are not involved in the operation of this site.
You acknowledge that you are responsible for whatever material you
submit, and you, not FDG Entertainment GmbH & Co.KG have full
responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
Disclaimer
The material in this site could include technical
inaccuracies or typographical errors. FDG Entertainment GmbH &
Co.KG may make changes or improvements at any time. THE MATERIALS IN
THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF
ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW. FDG Mobile Games DISCLAIMS
ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. FDG Mobile Games DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MCDONALD'S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND
NOT FDG Mobile Games) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES.
This website contains downloadable
materials as well as links to external sites. FDG Entertainment GmbH
& Co.KG is not responsible for, and has no control over, the
content of such downloadable materials or external sites. You
understand that FDG Entertainment GmbH & Co.KG cannot and does
not guarantee or warrant that files or software of any kind, or from
any source, available for downloading through this website, will be
free of infection or viruses, worms, Trojan Horses or other code or
defects that manifest contaminating or destructive properties.
Termination
FDG Entertainment GmbH &
Co.KG or you may terminate this agreement at any time. You may
terminate this agreement by destroying: (a) all materials obtained
from all FDG Entertainment GmbH & Co.KG sites, and (b) all
related documentation and all copies and installations(together, the
"Materials"). FDG Entertainment GmbH & Co.KG may
terminate this agreement immediately without notice if, in its sole
judgment, you breach any term or condition of this agreement. Upon
termination, you must destroy all materials.
Miscellaneous
These Terms and Conditions will be governed and be
interpreted pursuant to the laws of the Federal Republic of Germany,
notwithstanding any principles of conflicts of law. If any part of
these Terms and Conditions is unlawful, void, or unenforceable, that
part will be deemed severable and will not affect the validity and
enforceability of any remaining provisions. Possible evidence of use
of this site for illegal purposes will be provided to law enforcement
authorities. This is the entire agreement between the parties
relating to the use of this site. FDG Entertainment GmbH & Co.KG
can revise these Terms and Conditions at any time by updating this
posting. FDG Entertainment GmbH & Co.KG products and services are
available in many parts of the world. However, the FDG entertainment
GmbH & Co.KG site may describe products and services that are not
available worldwide. This site may be linked to other sites which are
not maintained by FDG Entertainment GmbH & Co.KG. FDG
Entertainment GmbH & Co.KG is not responsible for the content of
those sites. The inclusion of any link to such sites does not imply
endorsement by FDG Entertainment GmbH & Co.KG of the sites.
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