Terms Of Service
Pow Wow Entertainment GmbH, Penzinger Straße 147/3, A-1140, Vienna, Austria (“PW” or “We”), as a developer and publisher of video games, PC games, console games, and mobile game applications which are available via app stores including Steam, Epic, Microsoft Store, PlayStation Store, and other platforms, is responsible for providing Games and related services (such as support, newsletters, advertising, competitions, websites, and messaging, etc.) (collectively, “Services”) and for data processing. If you would to find out more about PW and our Services, please visit our website at www.pow-wow.com.
Acceptance of these Terms of Service shall create a legally binding agreement between you (also the “User” and the “Player”) and PW (“User Agreement”). Every time you download one of our Games a new User Agreement is concluded and its terms apply to your use of the specific game where you accepted these Terms of Service.
- About these Terms of Service
- Game stores, app stores, and platforms may provide their own terms of service which apply to your relationship with said stores and platforms, and which you accept are are not within the control of PW.
- You represent that you are 13 years or older. If you are younger than 18 years old, you can only download our Games with the explicit permission and acceptance to these Terms of Service by your parent(s) and/or legal guardian. PW may require adequate confirmation or proof of your identity and age, and if necessary, the consent of your parent and/or legal guardian at any time.
- You represent that you are accessing our Games as a private person. If you use our Games for any form of Commercial usage, you represent that you are legally allowed to accept these Terms of Service on behalf of the company or organization for which you perform such commercial usage.
- About playing our Games
- You are able to play our Games upon installation. Information about our games, gameplay, features, and functionality of our Games can be found in the Game descriptions on game stores and platforms, in FAQ and Support sections in our Games, and via the Game website.
- Our games are available for purchase and/or “free to play”, meaning you may purchase virtual items inside our Games in order to increase progress in the Game by spending real money (“Virtual Items”). Prices for Virtual Items include applicable sales tax. Means of payment varies depending on which game store or platform you make your purchase. Virtual Items cannot be exchanged into real money or refunded. You understand that you do not own Virtual Items, but are acquiring a license to use Virtual Items according to the specific Game’s functionality.
- You understand that by purchasing, downloading and installing our Games, that in order to play our Games an internet connection is required, which you are responsible for. Your internet service provider may charge you for gaining access to the internet.
- We continuously improve our Games and Services and thus may add or remove existing features and content, but will only do so when balancing user interests. PW is under no obligation to continue providing either support or updates for versions of the Game which are no longer valid or up-to-date.
- PW may automatically update Games if your device’s settings allow for it, in particular to ensure the security of the system, for the sake of stability, for the sake of compatibility, but only with due consideration of User security and interests.
- Maintenance may affect availability of our Games, and will only happen with due consideration of User interests. Any downtime caused by technical problems are beyond the control of PW.
- Information concerning exercise of the right of withdrawal
- You have the right to withdraw from this User Agreement within 14 days without giving reason. The withdrawal period will expire after 14 days from the day of the conclusion of this User Agreement.
- To exercise the right of withdrawal, you need to explicitly inform us of your decision in writing per post or e-mail to the following:
Pow Wow Entertainment GmbH
Penzinger Straß3 147/3 A-1140 Vienna Austria
- Please note that your right to withdraw expires immediately upon PW providing services to you after the start of this User Agreement and we have sufficiently informed you about such expiry and received your consent thereto.
- Ownership and scope
- PW owns or has licensed all rights, title, and interest in and to the Games including all content (except content created by users), software, program code, graphics, texts, game titles, and trademarks.
- By purchasing, downloading and installing our Games, PW grants you a non-exclusive revocable license to utilize our Games provided that you are in compliance of these Terms of Service.
- You understand that when you purchase a Virtual Item, you do not physically own it, but acquire a limited license to use the Virtual Item as a feature of the Game from which you purchased said Virtual Item. As Virtual Items are no assets that one can own, they cannot be transferred, neither from Game to Game, nor from Person to Person. The license granted to you ends when you have used the purchased item or this User Agreement expires.
- User Conduct
- You are downloading and playing our Games only for your personal use and according to these Terms of Service.
- You shall only download and play our Games and acquire Virtual Items from official app stores and platforms which we’ve chosen to make our Game available on.
- You shall not interfere with our Games and gameplay inside of our Games irrespective of whether or not this includes manipulation of the software, backend, or networks hosting our Games. In particular you shall not:
- Create, offer, or use hacks, cheats, exploits or any other unauthorized application, tool, or command that modifies the Game or gameplay or circumvents technical protection measures in a way not intended by PW;
- Decompile, disassemble, or reverse-engineer our Games;
- Create, offer, or us any malware (e.g. computer viruses, worms, trojans, hoaxes or dialers);
- Offer, provide, or acquire our Games or Virtual Items by means other than explicitly facilitated by PW;
- Collect data via unauthorized means on PW, it’s employees, representatives, partners, publishers, or players;
- Sell or transfer your Game account.
- If provision of data is required, you must provide all of these accurately and in full.
- User Information and Content
- Our Games may allow you to communicate with other users and post content. When you interact with other users or make content available via our Games you agree to not:
- Post or use any communication or content that breaches applicable law including third-party rights such as intellectual property rights, confidentiality, or rights to privacy;
- Post or use any communication or content that is abusive, racist, obscene, pornographic, harmful to minors, or glorifies violence or discrimination against anyone else;
- Post or use any communication or content that insults, threatens, provokes, or harasses others including users as well as PW and its employees, contractors and partners, for example, using abusive language, stalking, or spamming;
- Post or use any communication or content for commercial purposes (e.g. spam).
- PW, in this context, is only the provider of the technical means to communicate or make content available, is neither obliged nor able to monitor all communication or content made available by you or other users of our Games, and does not assume any liability to any extent. Any person that makes communication or content available via our Games remains solely responsible for such communication and content, so you remain responsible for your communication and content. By using our Games or Services you indemnify PW against all and any claims that are brought against PW as a result of your breach of this Sec. 6.1.
- PW reserves the right to remove any communication or content if we have reasonable ground to believe such content to infringe third party rights or any other applicable law or Sec. 6.1. If you believe communication or content made available via our Games infringes your rights or is in breach of these Terms of Service, please notify us immediately at: email@example.com
- By making communication or content available via our Games, you grant PW a permanent right to use your communication and content for display inside our Games, to publish your communication and content in all media and to adapt them for such purposes. You may withdraw this grant of rights by giving appropriate notice to PW at:
- Liability and Limitation of Liability
- Nothing in these Terms of Service shall limit PW’s ability where applicably law does allow for such limitation. In particular, PW’s liability shall not be limited: for death or personal injury from PW’s or any of our statutory representatives’ or agent’s negligence or malice; for any other kind of damages and loss from PW’s or any of our statutory representatives’ or agent’s gross negligence or malice or fraud; in case PW has assumed an explicit quality guarantee; in case PW is liable according to the Austrian Product Liability Law (PLA).
- Without prejudice to Sec. 7.1 and only where applicable law allows for such limitation, PW shall only be liable for PW’s or any of our statutory representatives’ or agent’s slight negligence, if this causes a breach of an essential obligation under this User Agreement (obligations that need to be fulfilled in order to achieve the purpose of this User Agreement an on whose fulfillment a User can usually rely upon). In this case, PW’s liability shall be limited to predictable damages and losses that usually occur in these cases. Any further liability of PW is excluded.
- Contract Duration and Termination
- This User Agreement runs for an indefinite term.
- Either party may terminate this User Agreement at any time by giving 14-days notice (written or electronic communication, e.g. via email required). You may also terminate this User Agreement with immediate effect by deleting the Game from your device.
- If we have reasonable ground to believe that you are in material breach of these Terms of Service, we may suspend your access to our Game and/or terminate this User Agreement. Your Breach of Sec. 5 or 6 shall be considered a material breach.
- Either party may terminate this User Agreement for cause without giving notice. Grounds for such termination for cause include material breach of these Terms of Service.
- Upon expiry, you will no longer be able to access the Game that was the subject matter of the User Agreement. Your in-game progress and any other Game-related data will be deleted. Only if PW continues to operate the Game, may you again download the Game whereby a new User Agreement will come into full effect. However, any game-related data cannot be restored.
- Final Provisions
- PW may transfer all or part of its rights or obligations pursuant to this User Agreement to a third party without your consent. You may transfer any of your rights or obligations under this User Agreement only with our prior approval.
- We reserve the right to amend these Terms of Service at any time. We will notify you about amendments by a special notice no later than four weeks before such changes take effect, either by notification inside the Game or in the description of a Game update on a Platform. You may object to the changes within four weeks from such notice. If you do not object within four weeks, the changes shall be deemed accepted by you. If you object, we may terminate this User Agreement in accordance with Sec. 8. When we notify you about these amendments we will also inform you about the deadline for objecting to the amendments and consequences if you fail to object.
- This User Agreement is governed by Austrian law. If your place of residence is outside of Austria at the time you enter into this User Agreement, mandatory provisions of law in your jurisdiction concerning applicable law shall remain unaffected and apply.
- If any provision of these Terms of Service is held to be invalid or unenforceable, validity and enforce-ability of the remaining provisions shall not be affected.
Vienna, August 2019