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General Information

Valid from 01 October 2020

1. subject matter; scope.

1.1 The following General Terms of Use regulate the use of the computer games, online games, mobile games and other service offers provided by me.mento XR interactive AG (hereinafter: “MXR”), Lise-Meitner-Str. 45, 10589 Berlin, on the product websites of MXR and in the App Stores.

1.2 MXR provides the download games, computer games, mobile games, online games and other service offers within the scope of its technical and operational possibilities with an availability of 80% (eighty percent) on an annual average. This does not include periods during which the use of the download games, online games, mobile games and other service offers is interrupted or impaired for compelling technical reasons or due to necessary maintenance work, without MXR being liable for this under the provisions of this agreement. Also not covered are times in which the servers of MXR or of the individual games cannot be reached via the Internet due to technical or other problems that are beyond the sphere of influence of MXR (force majeure, fault of third parties, etc.).

1.3 MXR updates, changes and further develops the computer games, online games, mobile games and other service offers at its own discretion. The User therefore only has the possibility to participate in the respective download games, computer game, online game, mobile game and other service offers in the respective current version. MXR reserves the right to discontinue the operation of a computer game, online game, mobile game or individual services without giving reasons.

1.4 The download games, computer games, online games, mobile games and other services offered by MXR serve the sole purpose of entertainment. Any use for profit or for commercial purposes is prohibited.

1.5 The user himself is responsible for the up-to-dateness and suitability of the software and hardware used by him.

1.6 In addition to these General Terms of Use, the rules of the game applicable to the respective download game, computer game, online game or mobile game, if any, shall apply. In the event of any conflict between these General Terms of Use and the rules of the game, the provisions of these General Terms of Use shall prevail in order to regulate the matter giving rise to the conflict. For individual download games, computer games, online games, mobile games, special variants and/or components of the download games, online games or mobile games and individual service offers on the MXR Internet pages, special terms of use shall also apply, if applicable. The user will be informed of these in a suitable form before making use of the respective offer.

1.7 For individual computer games, download games, online games, mobile games and other services, the user has the possibility to make use of the services of MXR’s contractual partners. In this case a separate agreement shall be concluded between the user and the respective contractual partner of MXR. The user shall be informed of this in a suitable manner before the conclusion of the contract.

1.8 Regulations or general terms and conditions of the user that deviate from these general terms of use shall only apply if MXR agrees to their validity in writing beforehand.

1.9 Please be aware that there may be certain adult or mature content available on the Website. A warning will be shown to the User prior to adult content being displayed. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If we learn that anyone under the age of 18 seeks to conduct a transaction through the Services, we will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of the Website may not be available to children under 18 under any circumstances.

2. conclusion of contract

2.1 A prerequisite for the use of the download games, online games, mobile games and other service offers offered by MXR is the download of the software. Some products also require the user to register and, if applicable, to install the respective software or application (app).

2.2 Registration is only permitted to natural persons. Only individual persons are permitted as users (no groups, families, life partners etc.).

2.3 Children and young people under 18 years of age are not prohibited from purchasing, downloading and/or registering in accordance with the German Youth Protection Act.

2.4 Users are not permitted to download the mobile games from the Apple App Store if
– are resident in a country that is subject to a U.S. government embargo or that is classified by the U.S. government as a country that supports terrorism
– are on a list of “prohibited or restricted parties” of the US government.

2.5 When registering for the online games, the user must provide a player name and, as a rule, an e-mail address registered to him or her, in the case of mobile games a player name. The user has no right to be assigned a specific player name. The chosen player name may not infringe the rights of third parties and may not violate existing legal prohibitions or offend common decency. Furthermore, no e-mail or internet address may be chosen as a player name. The user warrants that the information provided by him/her to MXR during registration is true and complete.

2.6 For individual games, registration can also be carried out via Facebook, Google or Twitter login. The data required for registration is taken from the user account of the user.

2.7 The registration is personal. Registration by third parties, in particular third parties who register individual persons commercially with various service providers (registration services or entry services), is not permitted.

2.8 Upon successful registration, the user creates a user account (“User Account”), which the user can administer independently. The user account is not transferable without the express consent of MXR.

2.9 There is no claim to registration and activation.

3. general obligations of the user

3.1 User data

The user undertakes to inform MXR immediately of all future changes to the data provided by him/her within the scope of registration, in particular a change in the e-mail address. The user is obliged to confirm the correctness of his data to MXR upon request.

3.2 Log-in data, identification and passwords

3.2.1 The user is obliged to keep his login data and his identification and password strictly confidential.

3.2.2 The term “log-in data” or “identification and passwords” refers to all letter and/or character and/or number sequences used to authenticate the user and to exclude use by unauthorised third parties. The password should not be identical with the player name and should contain a combination of numbers and letters.

3.2.3 The user is obliged to protect the log-in data and identification and passwords from access by third parties.

3.2.4 In the event that the user has reason to suspect that third parties have obtained or could have obtained the log-in data and identification and passwords without authorisation, he shall inform MXR immediately and change his data or have them changed by MXR. In this case or in the event that MXR has concrete grounds for suspicion of misuse of the data, MXR has the right to temporarily block the user’s access. If such indications exist, MXR will inform the user of this.

3.2.5 The user is under no circumstances entitled to use the login data of another user.

3.3 Using the MXR Internet pages and content

3.3.1 The MXR Internet sites, download games and mobile games contain content of all kinds that are protected by trademark, copyright and other rights in favour of MXR or in favour of third parties. Unless expressly permitted within the framework of these general terms and conditions of use, the user is not entitled to edit, reproduce, distribute, publicly reproduce, advertise or use the MXR Internet pages, download games, mobile games or content made available through them or individual parts thereof beyond the contractually agreed purpose. Only technically required reproduction for browsing purposes and permanent reproduction for private use are permitted. Copyright notices and brand names may not be changed, suppressed or removed.

3.3.2 The term “content” refers to all data, images, text, graphics, pieces of music, sounds, sound sequences, videos, programs and software codes, and other information that is provided by MXR. The term “content” also includes in particular all service offers made available for download.

3.3.3 The user undertakes to refrain from all measures that endanger or interfere with the functioning of the MXR Internet pages, individual services and/or services offered thereon, the download games, online games or mobile games, as well as not to access data to which the user is not entitled. The retrieval of the contents made available may only take place in a way that does not impair the use of the MXR Internet pages and contents by the other users. The sending of data or software that could influence the hardware or software of recipients is not permitted.

3.3.4 Any use of the MXR Internet pages download games or mobile games for commercial, in particular advertising purposes, requires the express prior written consent of MXR.

3.3.5 The user has no claim to the publication of contents on the MXR Internet pages, in the download games, online games, mobile games or other services.

3.3.6 It is not permitted to use the MXR Internet pages by means of anonymisation services that suppress the true IP address of the user.

3.4 Use of client software and download software

In the case of offers, for the use of which the prior installation of a program or client software is required, MXR grants the user a limited, non-exclusive, non-transferable, personal right, limited in time to the term of the usage agreement, to install the program or client software and to use it for the purposes agreed in accordance with these general terms of use and the respective rules of the game. Any form of commercial use of the software is prohibited. Modification of the program or client software as well as retranslation of the program code provided into other code forms (decompilation) and other forms of reverse engineering of the various production stages of the software are prohibited, insofar as these are not necessary to achieve interoperability. MXR shall be liable for damages of the users according to the statutory liability regulations.

4. special conditions for the use of online and mobile games

4.1 The user may only participate in each game round (e.g. Space, Mars, World etc.) of an online game or mobile game with one user account, unless the respective game rules provide for exceptions. The use of several User Accounts by one user is not permitted. Such multi-user accounts can be deleted or blocked by MXR at its reasonable discretion.

4.2 The user is prohibited from any form of manipulative intervention in the online game or the mobile game. In particular, the user shall not be entitled to use measures, mechanisms or software that could disturb the function and the course of the game. The User may not take any measures that could result in an unreasonable or excessive load on the technical capacities. The user is not permitted to block, overwrite or modify content generated by the game management or to interfere with the game in any other way.

4.3 The user may under no circumstances

a) Create or use cheats, mods and/or hacks, as well as use any other software produced by third parties that changes the gaming experience of online and mobile games,

b) Use software that enables “data mining” or otherwise intercepts or collects information related to online or mobile games,

(c) use virtual objects used in the online games or mobile games, use them outside the online games or mobile games, buy or sell or exchange them for “real” money

d) Sell, buy or exchange user accounts.

This shall include any circumvention, similar practice or practice having an effect equivalent to the foregoing prohibitions.

4.4 Furthermore, the user is prohibited from accessing the online game (including all individual Internet pages) with programs other than the Internet browser or the client program provided. This refers in particular to so-called bots and other tools that are intended to replace or supplement the web interface. Also prohibited are scripts and completely or partially automated programs that give the user an advantage over his fellow players. This also includes auto-refresh functions and other integrated mechanisms of the Internet browser, provided that these are automated processes.

4.5 The use of advertising suppressing measures is prohibited. It is irrelevant here whether advertising is specifically suppressed or whether it cannot be displayed in general, e.g. by so-called pop-up blockers, text-based browsers or similar.

4.6 An automated opening of the User Account, regardless of whether the start page is displayed or not, is not permitted.

4.7 All rights to the virtual objects used and provided in the online games or mobile games shall be the exclusive property of MXR or the contractual partner authorised by MXR. The user shall only receive a non-exclusive right of use to the virtual objects, limited to the term of the usage agreement.

4.8 CoinTransfers

(a) Giving away coins

Giving away coins to friends is possible via the “Coin Transfer Module”. This tool can be accessed via the jobs offered in the respective software. However, it is forbidden to make these gifts in exchange for real money. If this is violated, MXR can block an account at any time at its reasonable discretion.

b) CoinTransfers

The transfer of coins from one account to another is only allowed via the ” Coin Transfer Module” (see point a). Deliberately losing coins (e.g. deliberately losing poker hands at the table) to send coins to a friend (or to yourself in another account) is a violation of these Terms of Service. If this is violated, MXR may at any time, at its reasonable discretion, block an account.

c) Coins Farming / Scripting
The use of scripts or manual processes to improperly earn coins is not permitted. If this is violated, MXR can block the respective user account at any time.

5. Special conditions for the use of communication facilities (in particular discussion forum, chat, comment function)

5.1 MXR can provide the user with various communication possibilities for his own content and contributions on the MXR Internet pages and in the games as well as in the social networks (in particular discussion forums, chats, blogs, guest books and the like as well as comment function, together the “communication possibilities”), which the user may use within the scope of the actual availability. In this respect, MXR provides only the technical possibilities for the exchange of information. However, there is no claim to the provision of the communication possibilities.

5.2 The user shall assume sole responsibility for the contents and contributions he/she brings in. He undertakes to indemnify MXR from justified claims of third parties that are based on a culpable breach of his obligations. MXR expressly does not adopt the contents posted by users as its own. However, the user grants MXR the permanent, irrevocable and non-exclusive right to use the contents and contributions posted by him.

5.3 The user is prohibited from publishing or distributing content within the scope of the communication possibilities, which

a) violates applicable law, morality or regulations of these general terms of use or the respective rules of the game

b) violate trademarks, patents, utility or design patents, copyrights, trade secrets or other rights of third parties;

c) be obscene, racist, glorify violence, pornographic, harmful to young people or otherwise endanger or impair the development of children and young people;

d) are insulting, harassing or defamatory in nature;

e) contain chain letters or pyramid schemes;

f) falsely create the impression that MXR provides or supports such services;

g) contain personal data of third parties without their express consent;

h) are of a commercial, in particular advertising nature.

5.4 The naming of internet pages, companies or product names is only permitted if it is not primarily for the purpose of advertising.

5.5 All users of the communication facilities are obliged to choose an acceptable choice of words. Abusive criticism or attacks on persons in a disparaging manner are to be avoided.

5.6 Without prejudice to the other rights according to these general terms of use, MXR has the right to delete content and contributions that are contrary to the rules of these general terms of use, in whole or in part. Furthermore, MXR has the right to exclude users who violate these rules from further use of the download games, online games, mobile games, MXR Internet pages and other service offers, either in whole or in part, either temporarily or permanently.

6. Consequences of a breach of duty

6.1 MXR shall not be liable for damages resulting from a breach of duty for which the user is responsible.

6.2 Without prejudice to all other legal or contractual rights, MXR may, at its reasonable discretion, take the following measures if a user culpably violates legal regulations, rights of third parties, these general terms of use or the respective applicable supplementary terms and rules of the game

a) Deletion of content,

b) Warning of a user,

c) Temporary or permanent blocking of a user for individual or all online games, mobile games and contents of the MXR Internet pages,

d) Exclusion of a user, also from individual game functions (e.g. chat),

e) pronouncement of a temporary or permanent virtual house ban in the case of a violation of clause 6 of these General Terms of Use, or

f) termination of the contract of use without notice.

6.3 If a user has been blocked or excluded, this user may not re-register with a service provided by MXR without the prior consent of MXR.

7. user charges

7.1 The user fees for the download, computer, online and mobile games offered by MXR are explicitly shown on the respective sales portals or online shops before the conclusion of a user agreement and must be confirmed by the user before purchase. Furthermore, MXR may also make games and services available to the user free of charge. The User may also acquire virtual currency (e.g. Thaler, Gold), individual virtual features and other services (together the “Paid Features”) within the scope of the online games and mobile games against payment. The price for the type of virtual goods desired will appear in euros, US dollars or in another currency applicable to the User’s region. The use of crypto-currency is also offered within the scope of the purchase and/or the so-called in-game purchases.

7.2 The User shall be informed separately about the type of paid features, in particular the function of the respective feature, the duration of the paid feature, the fee to be paid and the available payment method in connection with the online game or mobile game.

7.3 The User submits his offer to purchase the paid features by selecting the desired items and the desired payment method offered in the respective online game or mobile game, clicking on the “Buy Now” button and thus completing the ordering process.

7.4 The payment options vary depending on the online game, mobile game, participating country and payment options available and technically feasible on the market. MXR reserves the right to change payment options at any time.

7.5 The money will be collected by the service provider commissioned by the user for the respective payment process or via the bank transfer to be made by the user, in the case of mobile games, via the respective App Store. General terms and conditions that may be included by the commissioned service provider in individual cases shall apply in addition to these General Terms of Use of MXR.

7.6 After completion of the payment process or after receipt of money on the account deposited by MXR in the case of a bank transfer, MXR will credit the paid features to the user account. The credit note shall at the same time represent MXR’s acceptance of the contract for the acquisition of the paid features.

7.7 In the mobile games, on the portals of individual sales partners and in online games and mobile games that are integrated into social networks, the conclusion of the contract may deviate from the procedure described here. The user will be informed separately about the procedure for the concrete conclusion of the contract.

7.8 The user assures that all information provided within the scope of a payment transaction (in particular bank details, credit card number, wallet ID, etc.) is complete and correct.

7.9 MXR reserves the right to change fees for paid features. This includes the right of MXR to reduce or increase fees for individual features in the event of future acquisition of paid features.

7.10 In the event of default the statutory interest shall accrue. Furthermore, MXR shall be entitled to block the user account, to demand compensation for further damage and to discontinue the services.

7.11 If MXR should incur chargeback or cancellation fees due to a fault of the user (this also includes insufficient account cover), the user shall bear the costs incurred thereby.

8. Limitation of liability

8.1 The user shall be liable for the violation of third party rights for which he is responsible, directly and personally towards the third party. The user undertakes to compensate MXR for all damages resulting from a culpable non-observance of the obligations arising from these terms of use. The user shall indemnify MXR from all justified claims that other users or other third parties assert against MXR due to the infringement of their rights by contents posted by the user or due to the infringement of other obligations. The user shall also assume the costs of the necessary legal defence of MXR including all court and lawyer’s fees. This shall not apply insofar as the user is not responsible for the infringement of rights.

8.2 The liability of MXR, regardless of the legal grounds, whether it be a contractual breach of duty or tort, shall be conclusively determined according to the following provisions:

8.2.1 Insofar as MXR renders the respective liability-triggering service free of charge, MXR shall only be liable for intent and gross negligence.

8.2.2 In the case of services against payment, MXR shall be liable without limitation for intent and gross negligence as well as in the case of personal injury, for slight negligence, however, only in the case of breach of essential contractual obligations, in the case of default and impossibility for which MXR is responsible. The liability in the event of a breach of such an essential contractual obligation shall be limited to the damage typical for the contract, the occurrence of which MXR had to expect at the conclusion of the contract on the basis of the circumstances known at that time.

“Essential contractual obligations” in the aforementioned sense are those obligations which make the proper execution of the contract and the achievement of its purpose possible in the first place and on whose compliance the user may rely.

8.2.3 MXR shall not assume any liability for disturbances within the line network that are not the fault of MXR.

8.2.4 MXR shall only be liable for the loss of data in accordance with the preceding paragraphs if such a loss could not have been avoided by the user through appropriate data backup measures.

8.2.5 The aforementioned limitations of liability shall not apply in the case of MXR assuming explicit guarantees, in the case of fraudulent intent, and for damages resulting from injury to life, body or health. Liability under the Product Liability Act remains unaffected.

9. Contract period; deletion of user accounts

9.1 Unless otherwise expressly provided for the respective download game, computer game, online game, mobile game or the respective service offer, the contract for the use of the MXR Internet portal and the download games, computer games, online games, mobile games and other service offers is concluded for an indefinite period of time. It shall begin with the download of the software and/or the approval or activation by MXR.

9.2 The agreement can be terminated by either party at any time with immediate effect, unless a limited term has been agreed.

9.3 Each party shall have the right to terminate the agreement for good cause without observing a period of notice. Good cause shall be deemed to exist in particular if

a) the user is in default with the payment of the fees and does not pay despite reminders,

b) there is behaviour that significantly impairs the gaming experience of other players,

c) Cheats, mods and/or “hacks” are used as well as any other form of software, tools or scripts that alter the gaming experience or the gaming mechanism of online or mobile games,

d) Third parties play on the user account of the user, unless the rules of the game provide for exceptions,

e) the user plays on the user account of a third party or uses several user accounts for an online game, unless the rules of the game provide for exceptions,

f) the user uses virtual objects used in the online games or mobile games, outside the online games or mobile games, to buy or sell or exchange them for “real” money

g) the user has sold, bought or exchanged a user account, or

h) the user culpably violates legal regulations which serve to protect other players or MXR,

i) the user deliberately violates these general terms of use, supplementary terms and/or rules of the game

9.4 Any termination must be made in writing. Notices of termination by e-mail must be in writing.

9.5 In case of prolonged inactivity, MXR is entitled to delete the user account after prior notice and at the earliest after 3 months of inactivity. Furthermore, MXR is entitled at its own discretion to delete user accounts at the end of the contract.

10. Online-Streitbeilegung

10.1 Die EU-Kommission stellt eine Plattform zur Online-Streitbeilegung zwischen Verbrauchern und Online-Händlern (OS-Plattform) bereit. Die OS-Plattform ist unter dem folgenden Link zugänglich: http://www.ec.europa.eu/consumers/odr.

10.2 Wir sind über die OS-Plattform erreichbar. Eine Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle beabsichtigen wir jedoch nicht und sind nicht dazu verpflichtet. Wir werden uns im Fall der Kontaktaufnahme direkt bei unseren Nutzern melden.

11. applicable law

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the user has his residence remain unaffected by this choice of law.

12. amendments to these general terms of use, miscellaneous

12.1 MXR reserves the right to amend these Terms of Use (a) in the event of changes to the applicable legal situation, (b) in the event of changes to the highest court jurisdiction, (c) due to technical necessity, (d) to maintain operations, (e) in the event of changes to market conditions, (f) for the benefit of the user. A change is omitted if the change would significantly disturb the contractual balance between the parties. Users will be made aware of the amended General Terms and Conditions of Use on the MXR portal and in the respective online and mobile game at least four weeks before their intended entry into force. Alternatively, MXR may send the user the amended General Terms of Use by e-mail or point out that the amended General Terms of Use can be viewed on the MXR Internet pages. The User may object to the change within four weeks. After expiry of this period or if the game is called up again, the General Terms and Conditions shall be deemed to have been accepted. MXR will inform the users separately about the significance of the four-week period, the right of objection and the legal consequences of silence.

12.2 Mememto 3D may transfer its rights and obligations under this agreement to affiliated companies within the meaning of §§ 15 ff. AktG.

12.3 The user shall only be entitled to set-off if his counterclaim has been legally established or acknowledged by MXR or is undisputed or arises from this synallagmatic legal relationship. The user may only exercise a right of retention insofar as it concerns claims arising from this agreement.

12.4 MXR shall communicate with the user – unless otherwise stated in these terms of use – usually by e-mail. The user shall ensure that the e-mail address given during registration is regularly checked for messages from MXR. If the user contacts MXR he/she has to indicate to which download game, computer game, online game or mobile game and which user account he/she refers to.

12.5 Should individual provisions of these Terms of Use be or become invalid and/or contradict the statutory provisions, the validity of the Terms of Use as a whole shall not be affected thereby.