General Terms & Conditions (GTC)

By signing up for PLITCH Beta Version, you agree that you have read and understood these General Contractual Terms and Conditions (“GTC”) and acknowledge to be subjected to its terms and all other agreements in connection with the PLITCH Beta Version. If you do not agree to and accept these GTC, do not sign up for the PLITCH Beta Version waitlist or usage!

1 PROVIDER AND COVERAGE

1.1 VALIDITY OF GTC

These GTC shall apply for all contracts and uses considering Web site and Service(s) of PLITCH and PLITCH.com. Web site(s) and Service(s) are provided by MegaDev GmbH, located at Kistlerhofstr. 70 / G.88, 81379 Munich, Germany (following „MegaDev“). PLITCH Inc. - as a subsidiary of MegaDev - inherits full rights of any legal actions where permittable. These GTC shall cover all visitors, users and registered users (following „members“) unless otherwise agreed upon in individual cases.

1.2 DEFINITIONS

1.2.1

Free users are all persons that have downloaded and saved MegaDev software such as PLITCH into their computer without applying to any of the definitions below.

1.2.2

Member is any person that has registered with their email-address at PLITCH.com or within the PLITCH software and whilst doing so has chosen a corresponding password to log in to the members area in the PLITCH web site any time. These individual data will stay connected with the member’s profile and are valid for all of PLITCH’s offers.

1.2.3

PLITCH Beta Version phase means, that neither PLITCH Web site nor Service(s) are fully developed, but have been made accessible to public for testing reasons. Users and members are fully aware that software and Web site can contain a multitude of errors and malfunctions. However, users and members can make use of all materials for free but must waive any and all rights considering warranties of any kind may they be expressed or implied. PLITCH Beta Version is provided on an As-Is-Basis and can be terminated, renamed, expanded, limited, restricted and monetized by MegaDev at any time with no restrictions.

2 USE OF PLITCH WEB SITE AND SERVICE(S) IN PLITCH BETA VERSION

2.1 GENERAL

By signing up for the PLITCH Beta Version waitlist, you consent to receive email notifications and communications including but not limited to start date, program details, renewal information as well as developer updates, information on (necessary) upgrades and PLITCH promotions. You agree that any such notices sent by MegaDev / PLITCH electronically will satisfy any legal communication requirements. MegaDev is free to use any information, ideas, concepts, graphics, comments, reviews or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings via email, including the PLITCH or MegaDev website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the PLITCH Beta Version, and you hereby assign to MegaDev any and all rights in any feedback you provide. In addition, you agree not to enforce any "moral rights" within or in conjunction to the feedback, to the extent permitted by applicable law. If you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you hereby irrevocably waive any claim against MegaDev and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.


Scope of usage in PLITCH Beta Version phase of PLITCH

2.2.1

During PLITCH Beta Version phase of PLITCH, members are granted access to PLITCH software and its contents that are available at the very time. No users nor members are eligible for any actualization of the contents nor the addition of new content, software or services, regardless of MegaDev’s provision of such by own choice. MegaDev reserves the right to limit access to provided content at any time by adding a payment or premium membership system. No user nor member shall have the right to retain, use ore claim any rights of usage or ownership of any of the contents provided to this point.

2.2.2

In case of justified suspicion of misuse, MegaDev has the right to block the access of the corresponding user as long as the suspicion of misuse exists. MegaDev will come to clarify the situation with the user in conjunction. In case of misuse MegaDev is entitled to the specific options of action as stated within these GTC (blocking, extraordinary cancellation, damage compensation, etc.).

3 RIGHTS / OBLIGATIONS OF THE MEMBER

3.1 HANDLING THE MEMBERSHIP

The member shall be obligated to ensure safekeeping of the user access. The user password shall be kept secret. Multiple accounts are prohibited.

3.2 PROHIBITION OF TRANSMISSION OF USER ACCESS DATA

A PLITCH membership is personal and cannot be assigned. Accordingly, the member shall be obligated to exclusively use the user access data personally and the member shall not sell, trade or transfer them to third parties (account sharing). In case of a breach against this provision, MegaDev shall be entitled to the extraordinary termination of the user’s PLITCH Beta Version.

3.3 SCOPE OF USE WITHIN HOUSEHOLD

3.3.1

The conclusion of a membership shall entitle the member to use the contents worldwide from any number of computers within the scope of the website.

3.3.2

Use of the software and/or of software functions acquired through the membership shall be limited worldwide to 3 computers per household, with the membership always being able to be used only on one of the 3 computers at a time.

3.3.3

If a member has already declared 3 hardware profiles for his / her membership and is now to attempt a 4th declaration, a message within the software will appear, asking the member, which of the remaining 3 profiles he wants to deactivate instead. The member can undergo this process any number of times, however MegaDev reserves the right, to lock this option in case of suspected abuse up to further clarification by MegaDev’s support team; in extreme cases, the member’s access to premium content may be locked until clarification of the situation.

3.4 DISSEMINATION OF CONTENTS

3.4.1

The dissemination of contents the member had obtained by means of the membership shall be prohibited. In case of breach, MegaDev shall be entitled to the extraordinary termination of the membership contract.

3.4.2

For the breach as stated in 3.4.1 neither the medium, nor its nature, nor its coverage, nor the ownership of the medium used for the dissemination shall be substantial.

3.5 CONFORMITY WITH GAME INDUSTRY STANDARDS

3.5.1

MegaDev aims to ensure with great technological extent that it's provided services cannot and will not affect any kind of in-software-sales and currencies within any third party software, any publicly posted online highscores, any kind of multiplayer situations and any kind of online game situations, unless MegaDev or it's services have been licensed to do so. Considerably then, any contents provided by MegaDev that effect third party software, especially PC games, have been developed with purpose of use in SINGLEPLAYER MODE ONLY and are explicitly not intended for use in any and all multiplayer or online game situations. By making use of the contents provided by MegaDev, the user agrees to respect this policy and follow it diligently. Any attempt of usage of contents in multiplayer mode or in online game situations shall be seen as a violation of these GTC.

3.5.2

In the event of violation or suspected violation of 3.5.1 MegaDev reserves the right to lock the corresponding user profile until clarification. If the violation can be rightfully proven, MegaDev further reserves the right to extraordinary termination of any legal contract with the user as well as to permanently block the user from using any and all MegaDev and PLITCH Websites and Service(s).

3.6 ETIQUETTE AND SUPPORT

3.6.1

MegaDev shall be entitled to limit or suspend individual support via our ticket system (or where applicable via e-Mail) in case of abuse in the forms of spam/spamming or other undesirable contents especially, but not exhaustive, advertising, vulgar, impolite, disrespectful or expressing (extreme) political views or (verbal) law offenses. In special cases this can happen without further notice.

3.6.2

In the event of continuous violation MegaDev shall be entitled to ban the member profile and to the extraordinary termination of any membership contract.

4 LIABILITY AND DISCLAIMER OF WARRANTIES

4.1 LIMITATION OF LIABILITY

MEGADEV IS NOT TO BE HELD LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE ARISING UNDER THESE TERMS OF USE OR PLITCH Beta Version, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR USE ARISING OUT OF OR IN CONNECTION WITH THE PLITCH Beta Version, AS A RESULT OF THE NATURE OF PLITCH SOFTWARE (E.G. BLOCKING OF ONLINE ACCOUNTS, DAMAGED SAVEGAMES, GENERAL DAMAGE OF USER’S HARDWARE), WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF MEGADEV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEGADEV’S TOTAL AGGREGATE LIABILITY FOR DAMAGES OF ANY NATURE, REGARDLESS OF FORM OF ACTION, SHALL IN NO EVENT EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100).

4.1.1 UNLIMITED LIABILITY (EU CUSTOMERS ONLY)

MegaDev subdues to unlimited liability in the event of intent and gross negligence as well as in accordance with the Product Liability Act. In cases of slight negligence MegaDev is liable for damages resulting from injury to life, limb or health of persons.

4.1.2 LIMITED LIABILITY (EU CUSTOMERS ONLY)

Incidentally MegaDev holds liable for slight negligence only in violation of contractual obligations (cardinal obligations). Cardinal obligations are those obligations which enable the proper execution of the contract and on whose compliance the member may rely. For the liability of slight negligence, the amount is limited to foreseeable damages, that by their nature, manner and origin appeared typical whilst the contract was concluded and which may arise through the use of MegaDev’s software, but it does not cover such damages as they causally arise on behalf of the user’s actions (e.g.: blocking of online accounts, if the member applies on of MegaDev's services in an online or Multiplayer game; damaged savegames - if game versions are incompatible or the user has applied the services wrong; general damaging of the computer (software, hardware, etc.), if the member e.g. sets lower security settings, disables antivirus, etc. to use the trainer). This limit also applies in the case of fault of vicarious agents of MegaDev.

4.2 DISCLAIMER OF WARRANTIES

THE USE OF THE PLITCH WEB SITE AND SERVICES IS AT YOUR SOLE RISK. NEITHER MEGADEV NOR ANY RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS NOR OUR AFFILIATES (“WE”) WARRANT THAT THE USE OF THE WEB SITE AND/OR THE SERVICES SHALL BE UNINTERRUPTED, RELIABLE, SECURE OR ERROR FREE; NOR DO WE WARRANT THAT YOUR PLITCH Beta Version WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE AND/OR THE SERVICES OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE WEB SITE AND/OR THE SERVICES; NOR DO WE WARRANT THAT ANY MALFUNCTIONS, DEFECTS OR ERRORS WILL BE CORRECTED. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF YOUR PLITCH Beta Version ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE OR NETWORK OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF YOUR PLITCH Beta Version.

4.3 JURISDICTIONAL LIMITATIONS OF THIS DISCLAIMER

THIS DISCLAIMER HOLDS VIABLE IN ALL REGIONS AND JURISDICTIONS WHERE PERMITTABLE. IF, HOWEVER YOUR REGION OR JURISDICTION DOES NOT ALLOW THE FULL DISCLAIMER OR EXCLUSION OF SAID IMPLIED WARRANTIES, IT HOLDS VIABLE TO THE MAXIMUM INTERPRETABLE EXTENT PERMITTED BY APPLICABLE LAW.

5 COPYRIGHT AND LICENSE OF USE

5.1 SCOPE

Any and all digital content and software provided by MegaDev are protected by international copyright laws. Under no circumstances you are granted a license to any part of the software, services or its contents by these GTC. All materials, may they be displayed on the website or within PLITCH software, including but not limited to text, photographs, images, illustrations, video clips, audio clips and graphics are owned by MegaDev and protected under international trademarks, copyrights, service marks and other proprietary rights, laws and treaties.

5.2 LICENSE OF USE

5.2.1

Regardless of the user's status MegaDev concedes for its contents invariably a perpetual, non-transferable right to use for non-commercial purposes. Any disclosure to third parties, distribution or publication, whether in digital or tangible form prohibited under the rules of the Copyright Act, § 16 UrhG (German Copyright Act), shall apply. If the German Copyright Act is not applicable, its regulations shall be supplanted with the maximum comparable laws & regulations applicable to the breach.

5.2.2

MegaDev reserves the right to grant rights of use only upon receipt of any corresponding full payment.

5.2.3

In no case the user is entitled to remove copyright notices, trademarks or other rights reserved in, on or to the acquired content.

5.2.4

MegaDev reserves the right to assert in the event of unauthorized disclosure of its digital content or software a penalty of up to EUR 100,000, payable to MegaDev or its subsidiaries, to the purchaser and / or possible abusive parties.

6 DATA PROTECTION / PRIVACY POLICY

MegaDev collects, processes and uses personally identifiable data of it’s members in compliance with it’s privacy policy, which can be found here. By agreeing to these GTC, free users and members shall also agree to have acknowledged and comprehend the privacy policy stated above and to agree with all provisions stated therein.

7 DAMAGES BY USERS / MEMBERS

If, according to these GTCs, MegaDev has the right of extraordinary termination of the member’s account and MegaDev makes use of this right, the member shall have no right to demand the return of any contributions. Furthermore, the member shall be obligated to pay lump-sum damages in the amount of EUR 100.00. MegaDev shall reserve the right to claim damages in excess of this amount. If the member proves lower damage than the lump-sum amount, the member shall merely owe the proven amount.

8 FINAL REGULATIONS

8.1 CHANGES OF THESE GTCS

MegaDev shall be entitled to change, effective for the future, these General Standard Terms and Conditions (GTCs). The changes shall be effective if MegaDev makes reference to the changes, if the member is able to acknowledge the changes and does not oppose them within two weeks after receipt of the notification of change. In case of objection, MegaDev shall be entitled to terminate the membership contract.

8.2 PROHIBITION OF OFFSETTING

The member may only offset with uncontested or unappealable claims.

8.3 INVALIDITY OF INDIVIDUAL PROVISIONS

These GTC, together with any amendments and any additional agreements you may enter into with MegaDev in connection with your PLITCH Beta Version shall constitute the entire agreement between you and MegaDev concerning your PLITCH Beta Version. Should one or several provision(s) of these GTC be or become invalid, this shall not affect the validity of the GTC in general or its remaining provisions.

8.4 APPLICABLE LAW

Applicable shall be the law of the Federal Republic of Germany with the exclusion of the international sales convention and the CISG (Convention on the International Sale of Goods). If for any reason the the law ofd the Federal Republic of Germany is not applicable, its regulations shall be supplanted with the maximum comparable laws & regulations applicable.

8.5 CONTACT

In case of questions or comments you can contact us anytime at support@plitch.com.

Munich, Tuesday, March 10, 2020

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