The following terms and conditions outlined in these Terms Of Use ("TOU") regulate the use of mobile games, applications and other electronic services (collectively, "eProducts") provided by WRB, Inc., a Minnesota corporation doing business as Hammer-Schlagen, whose registered office is 5865 Neal Ave N, #113 / Stillwater, MN 55082, (hereinafter referred to as "WRB") on WRB's websites and in app stores.
WRB offers eProducts within the context of its technical and operational capabilities. This does not include periods of time during which the use of eProducts are interrupted or affected due to urgent technical reasons or required maintenance work: WRB is not liable for these instances in accordance with the conditions of these TOU. This also does not include periods of time in which WRB's general servers or the servers of certain games do not allow online access due to reasons beyond WRB's control (force majeure, third party responsibility, etc.).
WRB continuously updates, changes, and develops its eProducts at its own discretion. Users can therefore only participate in the respective eProduct in its respective form provided at any given time. WRB retains the right to cease operating or remove a specific eProduct without notice or explanation.
eProducts offered by WRB are intended solely for the purpose of entertainment. The use of the same for business or commercial purposes is strictly prohibited.
eProducts offered by WRB are available only to individuals who are at least 16 years old or those under 16 who are under the direct supervision and control of their parents (that parent being deemed to be the user) while using the eProduct in question.
Users are also subject to the Privacy Policy of WRB (below), obligatory both for WRB and users of eProducts of WRB.
Users are responsible for ensuring that their own software and hardware is suitable and up-to-date.
In addition to these TOU, any existing rules of the respective eProduct shall also apply. In the case of an inconsistency between these TOU and the rules of the eProduct, the provisions of these TOU shall take precedence when settling the instance of contradiction. In addition, specific terms and conditions shall also apply to certain eProducts, specific versions and/or components of eProducts, and individual eProducts offered on WRB's websites as may be applicable. Users will be appropriately informed of any specific terms and conditions prior to use of the respective offer.
Users have the opportunity to use the services of WRB's contractual partners for eProducts. In these cases, a separate contract between the user and the respective contractual partner of WRB shall be concluded. Users will be informed of this in an appropriate manner prior to concluding the contract.
Other provisions or general terms of service of a user, which deviate from this TOU, shall only apply if WRB gives prior written consent to their validity.
In order to use an eProduct provided by WRB, users must install the app in question.
Users are not permitted to download an eProduct via the Apple App Store if they are: located in a country that is subject to an embargo by the US government; in a country that the US government classifies as supportive of terrorism; or on the US government's list of prohibited or restricted parties.
eProducts require a player name. Users have no claim to a particular player name (nickname). The selected player name (nickname) may not infringe upon the rights of third parties and violate existing legal prohibitions or common decency.
Certain eProducts may allow registration using Facebook login credentials. The data required for registration shall be taken from the user's Facebook account for this purpose.
Users are required to maintain strict confidentiality regarding all eProduct login data, identification, and passwords.
The terms "login data", "identification", and "passwords" include all letter and/or character and/or number sequences used to authenticate the user and prevent unauthorized use of the eProduct by third parties. The password should not be identical to the player name, and it should consist of a combination of numbers and letters.
Users are required to protect all login data, identification, and passwords from third-party access.
In the event that a user has reason to believe that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall inform WRB immediately and change their data or have it changed by WRB. In this case or in the event that WRB has concrete evidence of misuse of data, WRB has the right to temporarily block access to the user's account. If there is evidence of misuse of data, WRB shall inform the user.
Users are under no circumstances entitled to use the login data of another user, unless the rules of the respective eProduct allow for exceptions.
WRB's eProducts include various content that is protected by trademarks, copyrights, or other means for the benefit of WRB or third parties. Unless explicitly permitted within these TOU, users may not edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes any of WRB's websites, mobile games, or the content or any portion thereof. Only technical copies intended for browsing purposes and permanent copies intended solely for private use shall be permitted. Copyright information and brand names may not be changed, hidden, or removed.
The term "content" includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided by WRB and includes, in particular, all eProducts available for download.
Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of WRB's websites, any individual eProduct and/or offers present thereon. Users are also required to abstain from any measure which may allow unauthorized access to data. Content may only be called up in a manner that does not affect other users' use of WRB's content. The transfer of data or software that may affect the hardware or software of recipients is not permitted.
Any use of WRB's eProducts for commercial purposes, especially advertising purposes, requires the express prior written consent of WRB. Users are not entitled to publish content on WRB's eProducts.
In the case of offers which require the prior installation of a client software, WRB grants the user an unrestricted, non-exclusive, non-transferable, personal, and time-limited in terms of the user agreement right to install the client software and use it for the agreed purposes according to these TOU and the rules of the respective eProduct. The software may not be used for commercial purposes in any manner. Modifications to the client software and a back-translation of the relinquished programming code into other code forms (decompilation) and other types of reverse engineering of the software's various production levels are prohibited if these are not required for establishing interoperability. WRB is liable for damages to the user in accordance with the statutory liability provisions.
The user may only take part in the eProduct using one user account, unless the respective rules of the eProduct allow for exceptions from this. The use of several user accounts by one user is not permitted. Multiuser accounts such as these may be deleted or banned at the reasonable discretion of WRB.
Users are prohibited from enacting any form of manipulative interference with any eProduct. In particular, users are not entitled to utilize measures, mechanisms, or software that could interfere with the function or progress of the eProduct. Users may not take measures that may cause an unreasonable or excessive burden on technical capacity. Users are not allowed to block, rewrite, or modify content generated by the game administration or to interfere with the game in any other manner.
Under no circumstances may users: create or use cheats, mods and/or hacks, or any other third party software products that may change the result of an eProduct; use software that allows the mining of data or otherwise intercepts or collects information in connection to an eProduct; use virtual items that are being used in online or mobile games outside of the eProduct, purchase virtual items for "real" money, or sell or swap virtual items; or sell, buy, or trade user accounts. This includes all circumventions, similar actions, or actions that produce an effect that matches the aforementioned bans.
Users are also prohibited from running any eProduct with programs other than the internet browser or the client program that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement the web interface. Also prohibited are scripts and completely or partially automated programs that provide users with an advantage over other users. This includes auto-refresh functions and other integrated browser mechanisms if they concern automated procedures.
It is prohibited to apply measures that hide advertisements. It is of no significance whether advertising is deliberately hidden or can not be displayed in general e.g. by so-called pop-up blockers, text-based browsers, or similar.
The automated creation of user accounts, regardless of whether the home page is displayed or not, is not permitted.
WRB or contractors authorized by WRB hold all and exclusive rights to items used and virtual items provided in eProducts.
WRB may provide users with different communication facilities for self-created entries and posts on WRB's eProducts and on social networks (particularly discussion forums, chats, blogs, guest books, etc. as well as the utilization of their comment functions, altogether known as the "communication facilities"), which the user may use when available. In this regard, WRB only provides users with the technical environment for an exchange of information. However, users do not have the right to claim communication features.
Users take full responsibility for the content and entries they post. Users agree to release WRB from any legitimate claims from third parties arising from a culpable violation of the users' obligations. WRB explicitly does not claim content entered by users as its own. However, users shall grant WRB the permanent, irrevocable, non-exclusive right to use the content and contributions posted by the users.
Within the context of these communication facilities, users are prohibited from publishing or distributing content on WRB's websites that: violates an applicable law, goes against common decency, or breaches the general terms of service or the rules of the respective game; violates trademarks, patents, utility or design patterns, copyrights, trade secrets, or other rights of third parties; is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature; is of an abusive, harassing, or defamatory nature; includes chain letters or pyramid schemes; falsely suggests that it is provided or supported by WRB; contains personal data of third parties without their explicit consent; or is commercial, in particular promotional, in nature.
The inclusion of websites or names of companies and products is only permitted if this is not primarily for advertising purposes.
All users of these communication facilities are required to use acceptable words. Abusive criticism or derogatory attacks shall be avoided.
Notwithstanding any other rights under these TOU, WRB has the right to fully or partially remove content and entries that violate the rules of these general terms of service. WRB also has the right to exclude users who violate these rules, in whole or temporarily, from further use of WRB's mobile games, websites, and other services.
WRB is not liable for damages resulting from a user's breach of duty.
Regardless of any additional legal or contractual rights, it is at the reasonable discretion of WRB to take the following actions against any user who culpably breaches statutory law, third party rights, these general terms of service, or any respective additional regulations and game rules: remove content; issue a warning to the user; temporarily or permanently block a user from specific or all eProducts and content thereof; suspend a user, also from certain eProduct functions (e.g. chat); issue a temporary or permanent virtual ban from the eProduct in cases of a violation of these TOU; or immediately terminate the contract.
If users have been blocked or excluded, they may not log in again to the eProduct provided by WRB without the prior consent of WRB.
Users may be able to use eProducts essentially free of charge. However, the user can might be able to pay money to purchase virtual goods, certain virtual features, and other services (e.g. multiplayer energy, campaign episodes, etc), together with the "purchasable features" within the context of an eProduct. The price for the desired virtual goods may appear in Euros, U.S. Dollars, or in another currency applicable to the user's region.
Users will receive specific information on the features available for purchase, particularly the function of the feature in question, how long the feature for purchase will be available (if applicable), the respective purchasing price, and the payment method available by way of the eProduct.
Users can submit their offers to purchase the available features by selecting the desired item and desired payment method offered in the respective eProduct, clicking on the respective store button, and thus concluding the order process.
The payment options vary according to the eProduct, the participant's country, and the technically feasible payment options available in the market. WRB reserves the right to amend their payment options.
The money is collected via the service provider commissioned by the user for the respective payment process or via a transfer made by the user. For eProducts, money is collected via the respective app store and/or merchant. In individual cases, the general terms of service included by the authorized service provider may be applicable in addition to these TOU.
After completion of the payment process or, in the case of a transfer, after the receipt of the money in WRB's account, WRB shall credit the purchased features to the user's account. The credit simultaneously represents that the user has accepted a contract from WRB regarding the purchase of available features.
In portals of individual business partners and in integrations of social networks, the conclusion of the contract may deviate from the procedure described here. In these cases, users will be informed on the specific procedure for concluding a contract.
The user acknowledges and agrees that all information provided as part of a payment transaction (in particular bank account, credit card number, etc.) is complete and correct.
WRB retains the right to revise the fees for features available for purchase. This includes WRB's right to increase or decrease the fees for all individual features in all future cases of purchases of purchasable features.
Statutory interest at the maximum rate allowed by law shall accrue in instances of default. WRB is also entitled to block the user account, recover further damages, and terminate services.
Should WRB incur back charges or cancellation fees at the fault of the user (including an inadequate account balance), the user shall bear the costs incurred from the same.
Users are held personally liable for any violation of a third party's rights. Users agree to reimburse WRB for all damages resulting from the culpable non-observance of the obligations of these terms and conditions. Users release WRB from all eligible claims that other users or third parties may file against WRB due to a violation of their rights by content posted by the user or due to a violation of other obligations. Users shall assume the costs of WRB's legal defense, including all court and legal fees. This condition does not apply if the user is not responsible for the infringement.
The liability of WRB, on whatever legal grounds, whether due to contractual misconduct or a breach of duty, is ultimately determined in accordance with the following rules:
Unless expressly stated otherwise for the respective eProduct, the contract for the use of the same runs for an indefinite period. The contract begins upon accreditation or activation of an account in any of the eProducts.
The contract may be terminated by either party at any time with immediate effect, provided that a temporary contract period has not been agreed.
Either party has the right to terminate the contract for good cause without giving a period of notice. "Good cause" constitutes, in particular, if: a user has defaulted on payment of the fees, and does not pay despite reminders; a behavior significantly affecting the experience of others is being displayed; cheats, mods, and/or "hacks" as well as any other form of software, tools, or scripts that alter the experience or the mechanism of the eProduct being used; third parties make use of a user's account, unless the rules of the eProduct allow for specific exceptions; a user makes use of a third party user account or uses more than one user account per eProduct, unless the rules of said eProduct allow for specific exceptions; a user uses virtual items being used in eProducts outside of said eProduct, attempts to buy or sell these virtual items for "real" money, or tries to trade them; a user has sold, bought, or traded a user account; the user culpably violates laws that serve to protect other players or WRB; or the user deliberately violates these TOU, additional governing provisions, and/or the rules of an eProduct.
Termination must always be made in writing. Terminations sent via email are not considered to have been made in writing.
In the case of extended inactivity, WRB is entitled to delete the inactive user account after giving prior notice of this and only after at least 3 months of inactivity. Moreover, WRB is entitled to delete a user account at the end of the contract at its own discretion.
WRB retains the right to modify these TOU: (a) in the event of any amendments made due to legal changes; (b) in the event of any amendments made due to decisions by the Supreme Court; (c) because of technical necessity; (d) in order to maintain company operations; (e) in the event of a change in market conditions; (f) for the benefit of the user; or (g) for any reason whatsoever or for no reason. Users are responsible for keeping informed of any amendments to these TOU by reviewing the following URL periodically and whenever the user uses an eProduct: https://app.hammerschlagen.com/tou.php. All amendments to this TOU shall take effect immediately upon publication; publication of any such amendment shall constitute constructive notice to the user of such amendment. The terms and conditions are deemed to have been accepted if the user uses an eProduct after the publication of the amendment in question.
WRB may communicate with the user via email and in-eProduct communications. Users need to ensure that they regularly check any email account noticed to WRB for messages from WRB and in-eProduct communication. When contacting WRB, users must indicate which eProduct and which user account to which the message pertains.
Should any provision of these TOU be or become invalid and/or oppose statutory provisions, the validity of the remaining provisions shall remain unaffected.
This "Privacy Policy" sets out how WRB collects and use users' personal information when they use any of WRB's eProducts. Some of the eProducts may imply registration (authorization) therein by means of creating a user account. This Privacy Policy is a document that explains what kind of personal data WRB uses, how exactly do WRB uses it, for what reasons a user's personal data is needd and what rights do a user has concerning their personal data.
By making available the eProduct to a user, WRB, acting reasonably and in good faith, believe that the user: has all necessary rights to register and use the eProduct; provides true, accurate, current and complete information about itself; understands that by posting their personal information, if there is such technical possibility in the eProduct and where it is accessible by other users of the same, said user has manifestly made this information public, and this information may become available to other eProduct and Internet users, and may be copied and disseminated by them; and agrees to and is abiding by this TOU.
Here are the cornerstones on how WRB views data privacy: WRB does not collect any data without user consent, legitimate interest or performance under these TOU; and WRB does not check the user information received, except where such a check is necessary in order for us to fulfill WRB's obligations to eProduct users.
WRB does not knowingly store any information from its users except in the normal processes of eProducts. In order to implement the agreement between WRB and its users, and provide users with access to the use of the eProducts, WRB improves, develops, and implements new features to its eProducts, and enhances the available functionality of eProducts. To achieve these objectives, and in compliance with applicable laws, WRB collects, stores, aggregates, organizes, extracts, compares, uses, and supplements user data. WRB also receives and passes this data, and automatically processed analyses of this data, to WRB affiliates, partners, and vendors. These third parties may collect informatoin from eProduct users to manifest the expected functionality of that third party's interaction with eProducts, and users are encouraged to review the terms of service/use and/or privacy policies of said third parties, who WRB believes to be limited to the following:
The legitimate of WRB include: (1) maintaining and administrating the eProducts; (2) providing the eProducts to users; (3) improving the content of the eProducts; (4) processing of the data that was manifestly made public by users where it is accessible by other users of the eProducts; (5) ensuring user accounts are adequately protected; and (6) compliance with any contractual, legal or regulatory obligations under any applicable law.
As part of maintaining and administrating eProducts, WRB uses the information to analyze user activity and ensure that rules and terms of use for the eProducts are not violated.
Users' personal information may also be processed if it is required by a law enforcement or regulatory authority, body or agency or in the defense or exercise of legal claims.
WRB will not delete personal information if it is relevant to an investigation or a dispute. It will continue to be stored until those issues are fully resolved and/or during the term that is required and/or permissible under applicable/relevant law.
Users may withdraw consent to sending marketing information by amending the privacy settings of their account (if any). An option to unsubscribe will also be included in every SMS or email sent to users by WRB or its selected third party partners.
Users are to note that if they do not want WRB to process sensitive and special categories of data (including data relating to health, racial or ethnic origin, political opinion, religious or philosophical beliefs, sex life, and sexual orientation) the user should take care not to post such information or share this data on the eProducts. Once provided, it will be accessible by other eProducts users and it becomes difficult for WRB to remove this data.
If a user withdraws consent the data that WRB requires is not provided in order to maintain and administer the eProducts, the user may not be able to access the eProducts.
If WRB intends to further process user data for any other purpose other than those set out in this Privacy Policy, the user shall be provided with details of this further purpose before WRB commences any such data processing.
WRB takes technical and organizational measures to ensure that data is safe. Please note that by the posting personal information (if there is such technical possibility in the eProducts and where it is accessible by other users of the same) users have manifestly made this information public, and this may become available to other eProducts users and Internet users and be copied and/ or disseminated by such users.
WRB may share data with its affiliates. Sometimes WRB may also need to share data with a third party in order to provide eProducts to users or to administer the eProducts: for example if a user chooses to share its data across other social media platforms.
WRB may share data with its third party contractors and application developers provided these third parties assume confidentiality obligations regarding personal data collected by use of the applications offered. The developers use that information provided in order to provide additional services. Data will only be shared with these developers by user consent. Users might be able to authorize developers to access information via eProducts.
WRB's ad management and recommendation system is designed so that information will not be shared directly with third party advertisers. An advertiser or maker of a recommendation can only choose to target advertisements to groups of users falling within criteria such as age, gender or location, or to target communities according to type (in example, cars or fashion). If a user falls within one of the target groups that user is likely to receive an advert or recommendation.
An advertiser or maker of recommendations may also choose to upload a list of emails, phone numbers and identities to the systems of WRB so that WRB (but not the adviser or maker of recommendations) can check for user matches. The provider will see the number of matches, not the individual matches.
WRB, its affiliates, or selected third party partners with WRB's permission, using their own ad servers, can show advertisements to users.
WRB might use browser cookies to help personalize an experience, including the ads that are displayed, prevent fraud, and store preferences.
The eProducts may contain links to sites operated by third parties. WRB is not responsible for data privacy when access via these links or engagement with third party services is had, and users should ensure they review the relevant third party's privacy statement which will govern data privacy rights.
WRB bears no liability for the actions of third parties which, as the result of users' use of the Internet or the eProducts, obtain access to information in accordance with the confidentiality level selected by users (if able).
WRB bears no liability for the consequences of use of the information which, due to the eProducts nature, is available to any Internet user. WRB asks users to take a responsible approach to the scope of their information posted by way of eProducts.
WRB may transfer and maintain servers and/or databases, some of which may contain personal data, outside the United States. The countries to which WRB transfers data may not have the same data protection laws as a user's jurisdiction. WRB takes reasonable cyber security measures to ensure user data is adequately protected.
WRB retains personal information for as long as required to perform the purposes for which the data was collected depending on the legal basis for which that data was obtained and/or whether additional legal/regulatory obligations mandate that said personal information is retained during the term that is required and/or permissible under applicable/relevant law. Users may request their personal data be deleted by contacting WRB via postal mail. WRB may, in and at its sole and absolute discretion, remove accounts (if any) or the information posted as provided by these TOU.
WRB takes technical, organizational, and legal measures, including (where suitable) encryption, to ensure that personal data is protected from unauthorized or accidental access, deletion, modification, blocking, copying and dissemination. Access to eProducts is authorized using a login and password (if applicable). Users are responsible for keeping this information confidential, and should not share these credentials with third parties: WRB recommends taking measures to ensure this information is kept confidential.
If a user forgets its login details, they can request WRB to send the user a restoration code. To reduce the probability of third parties gaining unauthorized access, if a user logs-in to their account from an unusual place or after several failed attempts to provide valid login details, WRB may block entry to that user's account. The user will then need to contact the support team of the eProduct in question and provide certain additional information to verify their credentials and gain access to their account.
Users have the rights as defined in their respective jurisdictions in relation to their personal information. If a user desires to exercise any such right, the user must contact WRB in writing stating the action requested, the authority (statute, case law, administrative rule, etc) under which the request is made, the authority requiring WRB to take the requested action. WRB will aim to respond to such requests within 30 days from receipt: WRB will need to verify a user's identity before taking action to disclose personal data and all such documentation to complete the verification must be remitted concurrently with the user's request.