General
- Lina Studios – Cengiz Ünver, Eltinger Straße 61, 71229 Leonberg – operates gaming applications that can be obtained and used via various providers and for various end devices.
- These GTC apply to all services and game applications that Lina Studios makes available to end users, regardless of the distribution channel, the type of use or the nature of the end device. This also includes HTML5 applications that only require a browser or comparable display device for use.
- The services provided within the scope of the games are provided exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions are published during the ordering process or when purchasing, installing and/or using the respective game as well as on the company website at (lina-studios.com). They can be viewed there at any time and, where technically possible, printed out. It is therefore reasonable to inspect them. In addition to these GTC, any existing game rules of the respective games that are provided in connection with the purchase, download or use of the game shall apply. In the event of contradictions between these GTC and any game rules, these GTC shall take precedence.
- With the purchase and use of the games, a license agreement is concluded between you and Lina Studios. This agreement grants you a limited right to use the respective game for private purposes only – subject to compliance with these GTC.
- By using the games, you accept these terms and conditions with the download. Deviating terms and conditions are expressly not part of the license agreements with Lina Studios.
- If you do not accept individual or all provisions of these GTC, Lina Studios is not prepared to enter into a license agreement with you. In this case, you are not entitled to use a game or other services from Lina Studios.
- Lina Studios is entitled to transfer all license agreements and contracts for premium services to another company – in compliance with the applicable data protection regulations. Furthermore, Lina Studios is entitled to change the ownership structure, up to and including a complete change of ownership. In the event of such a change, the user will be informed with a notice period of two months and retains the right to object to the transfer of contractual relationships in writing or in text form. In the event of an objection on your part, Lina Studios may terminate the contractual relationship in question and delete all data, including game progress.
- Lina Studios reserves the right to amend these GTC and other terms and conditions in the future for objectively necessary reasons – for example, in the event of service enhancements, game adjustments, legal changes or due to relevant case law. Changes require the user’s consent, which will be requested the next time the game is started or installed. If no consent is given, you are still permitted to use the previous version of the game. Lina Studios may make the use of an extended or customized version of the game dependent on your consent to the amended GTC. Otherwise, by conclusively not objecting – within 8 weeks of receipt of the notification of change – you approve the amended GTC. If you use the game without objecting, the amended GTC shall be deemed accepted. In the event of an objection, Lina Studios is entitled to terminate the license agreement in due time in accordance with these GTC and to delete any access and data. In such cases, any premium benefits already provided or microtransactions made after termination will be refunded on a pro rata basis; any microtransactions made before the date of termination will not be refunded.
Conclusion and termination of the contract
- When you purchase and download games from Lina Studios, a contract for the use of the games is concluded between you and Lina Studios. The license and usage agreement resulting from these GTC may be terminated by either Lina Studios or you at any time without giving reasons. After a corresponding termination, the services may be discontinued at any time without further justification.
- Apart from obligations under antitrust law, there is no entitlement to the conclusion of a license agreement or the use of a specific game. Lina Studios is free to choose its contractual partner.
- By concluding the contract, you confirm that you are legally competent within the meaning of the laws of the Federal Republic of Germany. If you are a minor, you confirm that you have the consent of a parent or legal guardian.
- In addition to free use, Lina Studios offers additional paid services. The use of these premium options is voluntary; the decision not to use them does not affect the other use of the games. The obligation to pay is indicated separately in the respective game or on the corresponding game platform. If separate terms and conditions of the app store or platform provider apply, you must agree to these separately – if this has not already been done.
- Any claims on your part regarding premium services subject to a charge, in particular due to warranty for defects or other service disruptions, are to be asserted exclusively against Lina Studios. This also applies to claims arising from copyright or claims for damages.
- If you choose a user name in a game, you are obliged to use a name that does not violate the applicable laws of the Federal Republic of Germany or general and moral standards. Lina Studios is entitled to change the name – whether on the advice of a third party or at its own discretion – without separate justification. There is no entitlement to a specific user name.
- The guarantee of the complete scope of services and functionality, also with regard to premium services, can only ever be guaranteed for the current version of the game.
- Lina Studios is entitled to terminate contracts and delete corresponding accounts and user data if they have not been used for more than 24 months. In this case, any existing Premium credits will not be refunded. As far as possible and appropriate, Lina Studios will refund Premium credits on a pro rata basis upon your termination. It is your responsibility to use the Premium Credit within the specified period.
- The license and usage agreements as well as premium agreements between you and Lina Studios are concluded for an indefinite period. Different terms and conditions may apply to individual premium services, provided this is expressly stated at the time of purchase.
- Premium agreements can be terminated either by Lina Studios until the items expire or with one month’s notice – whichever comes first. Termination for good cause is possible at any time. In the event of termination, the reciprocal services shall be returned, even pro rata. Reversal is excluded if services have already been used by you.
- In the event of ordinary termination by you or termination by Lina Studios for good cause, no refund of fees already paid will be made. Nevertheless, Lina Studios is entitled to claim all outstanding fees for premium agreements already concluded.
- You are prohibited from transferring the license or premium agreements to third parties. In the event of violations, in particular in the event of an unauthorized account transfer, Lina Studios is entitled to terminate the contract without notice and to terminate all Premium Agreements with immediate effect. In this case, no – even pro rata – refunds will be made.
Accounts and user data
- Upon conclusion of the contract and the use or installation of the games, game progress and premium services are generally stored via the user administration of the app store providers, unless Lina Studios provides separate information on this. Otherwise, the data will be stored on Lina Studios’ servers in accordance with Lina Studios’ applicable privacy policy.
- You are obliged to select any access data securely and to protect it from access by third parties. Lina Studios is not liable for damages resulting from a breach of this obligation. In the event of suspected misuse, Lina Studios is entitled to temporarily block access to the relevant game, provided that this does not affect any license or property rights on your part.
Premium services
- The contract for additional premium services or items is only concluded when you click on the “Pay” or “Order for a fee” button for the corresponding offer. The contract is accepted by Lina Studios sending an order confirmation – for example by message via the platform or by e-mail – provided that the respective end device offers this option. Otherwise, the contract is concluded when the premium service is activated, even automatically.
- It is your responsibility to inform yourself about the exact content of the premium services before making a purchase. A refund after the purchase is only possible within the framework of the statutory consumer rights or the right of withdrawal (including the respective exclusions). The composition and costs of the premium services at the time of conclusion of the contract, as communicated in the order confirmation, are decisive in each case.
- Changes to the prices or composition of the premium services do not entitle the customer to a retroactive price adjustment.
- The applicable prices for premium services are based on the information provided by the respective stores or platform operators and are communicated in the order confirmation for the respective order. These prices may vary depending on the currency and country and include statutory VAT. In the case of numerous app stores or platforms, payment is processed via the respective providers. In these cases, the terms and conditions of use and payment there also apply. In the event of contradictions between the terms and conditions of the app stores and these terms and conditions, the latter shall take precedence, insofar as this is legally permissible. Lina Studios will, as far as technically possible, make it transparent whether payment is processed by the platform operator or by Lina Studios. If Lina Studios processes the payments itself, it is entitled to use third parties to process payments – if necessary by applying further GTC.
- If an internal currency (e.. premium points) is simulated in the games, these are premium services and not real money. A conversion back into real money is only possible in the event of a permanent cessation of game operation. In this case, the fee you have paid will be refunded to the extent that it has not yet been used to activate premium services or items.
- The fees for premium services are due in advance.
- You shall be liable to Lina Studios for any cancelations or chargebacks for which you are responsible (e.. due to insufficient funds in your account) and shall bear the costs regularly incurred as a result. Lina Studios is entitled to collect these costs together with the original payment from your means of payment. You retain the right to prove that no damage or only minor damage has been incurred.
- In the event of late payment, Lina Studios is entitled – regardless of your continued obligation to pay – to suspend the services in whole or in part and to block access to the game. Furthermore, Lina Studios is in any case entitled to charge statutory default interest at a rate above the applicable base interest rate.
- Lina Studios reserves the right to offer new premium services, items or currencies and to change or discontinue existing offers. In the event of a change, items already purchased can be used within a transitional period or exchanged at for a refund. Any further claims on your part are excluded.
Revocation instruction
5.1 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period begins on the day the contract is concluded.
To exercise the right to cancel, you must inform Lina Studios – Cengiz Ünver, Eltinger Straße 61, 71229 Leonberg; Phone: +49 (0) 1575 6404131 E-Mail: info@lina-studios.com – of your decision to withdraw from this contract by an unequivocal statement (e.g. by post or e-mail). The model withdrawal form can be used for this purpose, but its use is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the deadline expires.
5.2 Consequences of revocation
If you withdraw from the contract, Lina Studios must refund all payments received from you, including delivery costs (with the exception of any additional costs resulting from a different delivery method), immediately and at the latest within fourteen days of receipt of the declaration of withdrawal. The same means of payment that you used for the original transaction will be used for the refund, unless expressly agreed otherwise; under no circumstances will you be charged any fees for this.
End of the withdrawal policy.
Special note on the premature expiry of the right of withdrawal:
The right of withdrawal expires prematurely if the execution of the contract has begun before the expiry of the withdrawal period, after you have expressly agreed and acknowledged that you will lose your right of withdrawal in this case.
Obligations as a user
- When using the games – regardless of the platform – you undertake not to use any additional software, programs or other routines that interfere with Lina Studios’ systems or cause an unreasonable overload. In particular, the use of special software to systematically or automatically control the games is prohibited.
- Furthermore, you undertake not to use any software or exploit any programming errors – including those of Lina Studios’ partners – in order to obtain premium services without authorization, unless a corresponding premium agreement has been concluded for this purpose.
- In addition, you undertake not to exploit any bugs or errors in the programming of the games that could give you or third parties an unfair advantage.
- The use of software that enables “data mining” or otherwise systematically collects information in connection with the games is not permitted.
- The use of virtual items outside the games – in particular their purchase, sale or exchange for real money – is not permitted.
- You undertake not to use any content that is harassing, threatening, offensive or defamatory or that violates general moral concepts or applicable law (in particular youth protection laws and the Interstate Treaty on the Protection of Minors in the Media). It is also prohibited to disseminate such content, to link to corresponding third-party materials or to advertise, offer or distribute such content or illegal products.
- Furthermore, you undertake not to publish, reproduce or make publicly accessible any content protected by copyright without the required written consent and not to obtain or publish any information on the personal data of third parties – in particular for commercial purposes.
- The games may only be used for private purposes, unless Lina Studios has expressly authorized other use in individual cases.
- Lina Studios reserves the right to delete content that violates these GTC. In the event of unauthorized use of premium services, Lina Studios is entitled to delete or deactivate the premium service in question.
- In addition, you undertake not to use any ad blockers when using the games – especially when using HTML5 games via browser software.
- A violation of these provisions may be considered an important reason for termination in accordance with these GTC. In such a case, Lina Studios reserves the right to threaten or implement measures of any kind – for example in the form of a virtual house ban, a warning or exclusion from certain game functions.
Rights
- Lina Studios grants you a simple right of use for private use of the games. Reproduction, public access via the Internet or a network and storage on data carriers is prohibited. Commercial use or exploitation of the games is also not permitted. In addition, editing, decompiling, disassembling and reverse engineering of the games is strictly prohibited – unless express permission has been granted. Inciting third parties to perform such acts is also prohibited. This granting of rights can be revoked by Lina Studios at any time without stating reasons, whereby the corresponding license agreements will be terminated as a result.
- For all content provided by you as a user, you grant Lina Studios a simple, spatially unlimited right to reproduce and make publicly available in connection with the games and all portals of Lina Studios free of charge.
- You shall indemnify Lina Studios against all third-party claims, in particular claims for damages, which are asserted due to the infringement of third-party rights as a result of your behavior or the content you have posted. Furthermore, you are obliged to reimburse Lina Studios for any reasonable costs incurred in this regard, in particular for any legal defense. Further rights and claims for damages remain unaffected.
- Warranty claims for defects remain unaffected, whereby you acknowledge that warranty can only be assumed for the current version of the software and that software can naturally never be completely error-free.
- The liability of Lina Studios for contractual or non-contractual breaches of duty (including compensation for damages and reimbursement of futile expenses) is – unless there is intent or gross negligence, injury to life, body or health is affected, essential contractual obligations have been violated, a guarantee of quality has been assumed, or mandatory liability (e.. under the Product Liability Act or 44a TKG) applies – generally limited. In this respect, the damage is limited to the foreseeable damage typical for the contract.
Applicable law, place of jurisdiction and others
- The law of the Federal Republic of Germany shall apply to all legal disputes to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws.
- For disputes with you, the statutory place of jurisdiction shall apply if you have a general place of jurisdiction in the Federal Republic of Germany. In all other cases – insofar as legally permissible – the exclusive jurisdiction of the court in Leonberg is agreed
- These General Terms and Conditions apply to all contracts concluded between you and Lina Studios, unless expressly agreed otherwise.