Terms of Service

§ 1 INTRODUCTION

  1. We, Reaktor Berlin GmbH, located at Bautzener Straße 35 in 10829 Berlin Germany, provide free mobile applications and online games (hereinafter referred to as "Services") with the goal of motivating health-conscious people to exercise through our services for end customers (hereinafter referred to as "Users"). This includes the following apps: Neyon Clash.

  2. The following terms of use define the legal framework for the use of our services, websites, digital applications and the services we offer. The user is obliged to read the terms of use carefully.

  3. The health of our users is very important to us. We recommend in any case to consult a doctor regarding the athletic performance. Reaktor Berlin is not a substitute for a doctor and does not take responsibility for the actions of the users. By agreeing to these terms of use, the user confirms that he/she is solely responsible for his/her own health.

  4. The user agrees to always be attentive to his environment and to always communicate and play in a safe manner while using our services. He/she shall not access or attempt to access any property or places to which he/she does not have the right or permission and shall refrain from participating in any activity that could result in injury, death, property damage, harassment or liability of any kind.

§ 2 SCOPE OF APPLICATION

  1. Reaktor Berlin offers digital products based on these terms of use. The User accepts the Terms of Use as well as all other agreements to which they may refer, either by (i) using them, if no registration is required, or (ii) registering, if a profile is required. These Terms and Conditions of Use shall apply until revoked in the currently valid version of January 06, 2020.

  2. The user hereby confirms that he/she is aware that any costs incurred by the mobile phone provider in transferring data from the smartphone to our services will be charged to the user and that these costs will be borne by the user. On the part of the providers of mobile phone services, further terms of use and general terms and conditions apply to the user.

  3. The prerequisite for using our services is that the user is already 12 years old. It is not permitted to allow third parties to use his account and to allow persons under the age of 12 to use the services without his company. It is not permitted to assign or otherwise transfer or make available a user account to other persons or companies.

  4. Our services are aimed exclusively at consumers. According to the legal definition, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. The use of our services for commercial or other commercial purposes is expressly prohibited.

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

  6. We reserve the right to agree on additional conditions for our respective services. We will inform the user of these in good time before use. 

 

§ 3 MODIFICATION OF THE APPS

  1. Reaktor Berlin updates, changes and further develops its services and other service offers at its own discretion. Therefore, the User only has the possibility to participate in the respective mobile game and other service offers in the current version. Reaktor Berlin reserves the right to discontinue the operation of services, such as online games, mobile games or individual services without giving reasons. Reaktor Berlin shall inform the Users about the upcoming discontinuation of services in good time in advance.

 

§ 4 ACCOUNT

  1. The use of our services requires an anonymous account, which is automatically created when the app is downloaded. With an anonymous account, the recovery of an account, e.g. in case of loss of the mobile phone, is sometimes (depending on the operating system / app store) not possible.

  2. The user must provide a user name when registering for our services. The user has no right to be assigned a specific user name. The chosen user 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 user name.

  3. The user has the possibility to create a personalized account. If content has been acquired against payment, we recommend the creation of a personalised account. The user can then restore his account in the event of loss of the mobile phone or other problems. Personalised accounts are not transferable.

  4. The user may only participate in each service with one user account, unless the respective supplementary conditions provide for exceptions. The use of several user accounts by one user is not permitted. Such multiple user accounts may be deleted or blocked by Reaktor Berlin at its reasonable discretion.

  5. The registration is done personally. Registration by third parties, especially third parties who register individual persons commercially with different service providers (registration services or entry services), is not permitted.

  6. The user is obliged to keep his login data and identification and password strictly confidential and to protect them from access by third parties.

  7. 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, the user shall immediately inform Reaktor Berlin and change his data or have them changed by Reaktor Berlin. In this case, or in the event that Reaktor Berlin has concrete grounds for suspecting misuse of the data, Reaktor Berlin has the right to temporarily block the user's access. If such indications exist, Reaktor Berlin will inform the User accordingly.

  8. Under no circumstances is the User entitled to use the login data of another user.

  9. The User warrants that the information provided by him/her to Reaktor Berlin during registration is true and complete.

  10. There is no claim to registration and activation. Reaktor Berlin reserves the right to reject users without giving reasons.

  11. The data transmitted during the account creation can be found in the data protection regulations.

§ 5 DUTIES AND CONDUCT OF THE USER

  1. The user commits himself:

    1. to install the services only on devices under his lawful control;

    2. not to use, display, mirror or represent the Services or any element within the Services, Reaktor Berlin or Neyon Clash as a name, Reaktor Berlin or Neyon Clash's trademarks, logo or other proprietary information, or the layout and design of any page or app without the express written consent of Reaktor Berlin;

    3. to store, publish, transmit and distribute only content, e.g. photos, images, text, representations or videos, which the User is authorised to distribute, i.e. (i) either the User owns the exclusive rights of use or (ii) if the User is not the owner of the rights to any content posted by the User, the User warrants to Reaktor Berlin that the User has effectively obtained all necessary rights, licences, consents or similar. This also applies to copyrighted content such as company and brand names. The responsibility for these contents lies exclusively with the user;

    4. not to store, publish, transmit and distribute any racist, insulting, discriminating, slanderous, sexual, violence glorifying or other illegal contents;

    5. not to harass, insult, threaten, embarrass or otherwise treat another player in an undesirable manner, e.g. repeatedly sending him/her unwanted messages, attacking him/her personally or making derogatory remarks about his/her origin, sexual orientation, religion, etc. Expressions of hatred will not be tolerated;

    6. to handle personal data with care and to grant access to one's own data only to those persons with whom a close relationship already exists;

    7. not to collect, store or share personal data of other users without their express permission;

    8. not to send chain letters or messages, e.g. mass mails or spam, to several people at the same time;

    9. not to use the Services or any Content, or any portion thereof, for commercial purposes or in any manner not permitted by these Terms of Use, including but not limited to (a) collecting in-app items or resources for sale outside of the Services, (b) performing services in the Apps for payment outside of the Services, or (c) selling, reselling or renting the Services or your account;

    10. not to manipulate or interfere with the Reaktor Berlin network, including the Reaktor Berlin Services, with technical or electronic means, in particular hacking attempts, brute force attacks, introduction of viruses/worms/Trojan horses and other attempts to disrupt the Reaktor Berlin software and hardware;

    11. not to copy, distribute and transmit accessible data without the express consent of the respective copyright holder or to attempt to access, search or download content from the services or content by using other technologies or means than the clients provided by Reaktor Berlin or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools or hacks, tools, agents, engines or devices of any kind).

    12. not to bypass, remove, disable, decrypt or otherwise circumvent the technical measures implemented by Reaktor Berlin or any of Reaktor Berlin's service providers or any other third party (including any other user) to protect the services or content;

    13. not to attempt to decipher, decompile, disassemble or reverse engineer the software used to provide the Services or Content

    14. not to extract, scrape or index any Services or Content (including information about users or gameplay);

    15. not to access, manipulate or use the non-public areas of the Services, Reaktor Berlin's computer systems or the technical delivery systems of Reaktor Berlin's Providers;

    16. not to attempt to investigate, scan or test the security vulnerabilities of any Reaktor Berlin system, network or service, or to disregard security measures or authentication procedures;

    17. not to use meta tags or other hidden text or metadata using a Reaktor Berlin trademark, logo, URL or product name without Reaktor Berlin's express written consent;

    18. not to forge any TCP/IP packets or any part of the header information of any e-mail or other communication, or to use the Services or Content in any way to send altered, deceptive or false information that is false or misleading;

    19. never interfere or attempt to interfere with a user's access, host or network, including without limitation, sending a virus, overloading, flooding or spamming the Services, or exposing the Services to mail bombs;

    20. not to delete, obscure or alter in any way any association, warning or link appearing in the Services or Content;

    21. under no circumstances

      • Create or use cheats, mods and/or hacks, and use any other software produced by third parties that alters the experience of the Services,

      • to use scripts, bots and fully or partially automated programs that give the user an advantage over his fellow players

      • to use virtual objects used in the Services or mobile games outside the Services or mobile games, to buy or sell or exchange them for "real" money (the User shall only be granted a non-exclusive right of use of the virtual objects, limited to the term of the User Agreement)

      • To sell, buy or exchange User Accounts; to refrain from any circumvention, similar actions or practices that are equivalent in their effect to the aforementioned prohibitions;

    22. not to violate applicable law or regulations;

    23. not to encourage or enable another person to do any of the above; and

    24. to report any breaches of the above-mentioned obligations immediately by e-mail to info@reaktor-berlin.com;

  2. Rights and obligations arising from the use of the services are not transferable.

§ 6 SANCTIONS IN THE EVENT OF BREACHES OF USER OBLIGATIONS

  1. In order to ensure proper provision of the services, Reaktor Berlin will apply the following sanctions in the event of breaches of the obligations by the user (§ 5) or similar actions or practices which are equivalent in their effect to the prohibitions listed in § 5

    • Warning of a user

    • Deleting contents

    • Temporary lock of the user

    • Exclusion / deletion of user accounts (final block)

  2. The choice of sanction depends on the intention, seriousness or manner of the offence, while respecting the interests of both parties.

  3. In case of exclusion from the Reaktor Berlin Network due to violation of the obligations (§ 5) by the user or other misuse, the user may not register again.

 

§ 7 CONTENTS

  1. Reaktor Berlin allows its registered users to use the offered services in accordance with the legal provisions and the provisions of these Terms of Use to upload, store, publish, distribute, transmit and share content with other users.

  2. The user agrees that he/she may be confronted with offers and/or advertising messages tailored to him/her through automatic evaluation of his/her usage behavior. Detailed information regarding tracking for marketing purposes can be found in the data protection regulations. 

  3. Reaktor Berlin is entitled to store content and to pass it on to third parties, as far as this is legally required or, according to its dutiful discretion, necessary and legally permissible, in order to

    • to comply with statutory provisions or judicial or official orders,

    • to ensure compliance with these terms of use,

    • to react to the assertion of an infringement of rights by third parties

    • or to protect the rights, property or personal safety of Reaktor Berlin, its users or the public.

  4. The user grants Reaktor Berlin an irrevocable, worldwide, free of charge, non-exclusive, but unrestricted, sub-licensable right of use to all content generated, transmitted, stored and published by him and all of its components in all media, formats and forms currently known or developed at a later date, in particular maps and map data created. Reaktor Berlin is therefore entitled to use all content, regardless of the type of use, within the scope of the services offered, as well as within the scope of any other activity of Reaktor Berlin or any company affiliated with Reaktor Berlin. This also includes the right to change, copy, repair, adapt, modify, translate, publicly display and edit the content, as long as the legitimate interests of the user are not affected. In this context, the user waives all intellectual property rights to the extent permitted by law. In the event of the use of created content outside of the Services, Reaktor Berlin shall, to the extent possible, draw attention to the fact that the content originates from the User.

  5. Reaktor Berlin does not claim ownership of created content and will not exercise any supervisory function over it.

  6. The services offered by Reaktor Berlin contain, depending on the services for which the User is activated or which the User has acquired, content protected by copyright or otherwise, to which Reaktor Berlin is entitled to the corresponding rights. Reaktor Berlin grants the user a simple and non-transferable right to use this content in a non-commercial form within the framework of the contractual provisions. For clarification purposes only, Reaktor Berlin would like to point out that, in particular, the distribution or making publicly available of the content by the User, e.g. on websites outside of the Services, is not permitted. The right of use expires if the user is no longer activated for the respective service (e.g. after deletion of the account) or with the termination of the user relationship.

  7. Reaktor Berlin reserves the right to delete content created by users, such as comments, without giving reasons. In this case, the User will be informed about this and, if applicable, a violation of these Terms of Use will be prosecuted according to § 6.

  8. Reaktor Berlin does not assume any liability for incorrectly created content of the Users, e.g. map data etc.

 

§ 8 OWNERSHIP RIGHTS

  1. Reaktor Berlin is the owner or licensee of all rights, titles and claims related to all services produced and developed by Reaktor Berlin, as well as all individual app content derived from a Reaktor Berlin game, the accounts and all related functions and components. The Services may contain material for which Reaktor Berlin has obtained a license from third parties who may assert their proprietary rights against you if you breach this Agreement. The following components of the Platform (which do not include any content or components of the Licensor's games) are, among other things, the property of Reaktor Berlin or licensed by Reaktor Berlin

    1. All virtual content that appears within the Services, such as:

      • Visual Components: locations, images, designed buildings or landscapes, animations and audio-visual effects;

      • Narrative elements: themes, concepts, stories and storylines;

      • characters: names, images, objects carried and sayings of the characters;

      • Objects: virtual goods, such as digital cards, currencies, weapons, skins, etc;

    2. Any data and communications generated or made by the Services;

    3. All sounds, musical compositions, recordings and sound effects from the Services;

    4. Any recordings, game replays or replayed fights, duels, etc. from the Game;

    5. programming code, including but not limited to the Services and their source code;

    6. Titles, working methods, software, associated documentation and all other original works for which there is copyright and which are contained on the Platform;

    7. All profile content and accounts, including the account name. Any use of these accounts must be for the benefit of Reaktor Berlin. Reaktor Berlin does not recognize the transfer of accounts. You may not buy, sell, give away or trade an account or offer to buy, sell, give away or trade an account. Any such attempt is null and void and may result in the account expiring;

    8. All moral rights in connection with the Platform, including individual App Content derived from a Reaktor Berlin App, such as the right of attribution and the right to the integrity of certain original works for which authorship exists; and

    9. The right to create derivative works. As part of this Agreement, you agree that you will not create any derivative work based on the Services, except as expressly provided in this Agreement or by Reaktor Berlin in certain competition rules or supplements to this Agreement.

 

§9 BETA PROGRAMMES

  1. Reaktor Berlin will grant early access to these services in the course of the testing of its services (hereinafter referred to as "Beta Tests"). The User understands and agrees that participation in beta testing is voluntary and does not create a legal partnership, agency or employment relationship between him/her and Reaktor Berlin, and that he/she will not be compensated for his/her participation or beta feedback.

  2. Reaktor Berlin may collect comments, suggestions and feedback created by the User on the software and track his use of the software using analysis tools in accordance with Reaktor Berlin's Privacy Policy. All such comments, suggestions, feedback and analysis data (collectively the "Beta Feedback") are the exclusive property of Reaktor Berlin.

  3. Except where prohibited by applicable law, all test materials are provided to the User "as is" without warranty of any kind, either express or implied. The User understands that beta software is under development and may contain errors, bugs and other problems that could lead to data loss and/or system errors. He should install the beta software on non-production devices that are not business critical and have been backed up beforehand. To the extent permitted by law, Reaktor Berlin is in no way liable for any damages to the User arising from your participation in the Beta Program.

 

§ 10 EDITORS

  1. Certain services contain software (hereinafter referred to as "Editors") for the creation of individual content (hereinafter referred to as "Individual App Content"). Such Individual App Content includes all content that can be created using the game editor(s), including, but not limited to, the digital files associated with such Individual App Content, and (1) all content contained in such files, including, but not limited to, player and non-player characters, audio and video components, environments, objects, items, surfaces and textures, (2) all legal claims, trademarks, trade names, character names or other names and phrases associated with or contained in the User-Created Game, and (3) any other intellectual property rights contained in the User-Created Game, including any and all content, game concepts, methods or ideas.

  2. Reaktor Berlin may modify, remove, disable or delete individual App Content at any time in its sole and unrestricted discretion.

  3. Individual game content is and remains the sole and exclusive property of Reaktor Berlin. Notwithstanding the foregoing, the User hereby assigns to Reaktor Berlin all rights, claims and interests in all individual App Content and confirms that if Reaktor Berlin deems it necessary, it agrees to make future assignments immediately upon request by Reaktor Berlin. Furthermore, Reaktor Berlin is entitled to leave the Individual App Content in the services of Reaktor Berlin, even if the developer of the Individual App Content requests Reaktor Berlin to remove the Individual App Content from the services.

 

§ 11 DATA PROTECTION REGULATIONS

  1. The user understands that he/she must comply with the separate privacy policy, which is available at https://www.reaktor-berlin.com/data-protection and is an integral part of this contract.

§ 12 RUN TIME

  1. These conditions remain valid until they are replaced by new terms of use.

  2. Every user has the right to terminate the use of Reaktor Berlin services at any time by uninstalling the apps.

 

§ 13 WARRANTY AND LIABILITY

  1. The use of the offer of Reaktor Berlin products by the user is exclusively at the user's own risk. This applies in particular to:

    • the use of the hardware used in such use, including but not limited to (i) the relevant smartphone, and (ii) other devices used; and

    • the downloading of own and external content by the user and

    • any use by the user of data created by Reaktor Berlin or provided by Reaktor Berlin, including but not limited to (i) recommendations for action, or (ii) map data, etc. The User expressly acknowledges that such data may be erroneous, and Reaktor Berlin, to the extent permitted by law, assumes no responsibility for the accuracy of such data and

    • any use of the registration data and the account, also for purchases authorized by him as well as for purchases not authorized by him, and

    • any use of the account, subject to the laws of the country in which the user resides, by minor children or legal guardians, regardless of whether the user has consented to such use

  2. Reaktor Berlin does not assume any liability for external links, banners or other information and advertising offers that can be placed for the User. Legal transactions between the user and a third party provider, e.g. via linked pages or banners, lead to contractual relationships exclusively between the user and the third party provider. Reaktor Berlin does not assume any warranty for the products or services of third party providers.

 

§ 14 EXCLUSION OF LIABILITY

  1. Reaktor Berlin is liable without limitation within the framework of the existing legal provisions for damages resulting from injury to life, body and health, which are based on a negligent breach of duty or an intentional or negligent breach of duty by a legal representative or vicarious agent of Reaktor Berlin, as well as for other damages, which are based on a grossly negligent breach of duty by Reaktor Berlin or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Reaktor Berlin, as well as in other legal cases such as the assumption of a guarantee or according to the Product Liability Act. Any liability of Reaktor Berlin towards companies for consequential damages, mere financial losses, loss of profit, damages from third party claims is excluded.

  2. Furthermore, Reaktor Berlin shall be liable for the intentional or grossly negligent breach of essential obligations (meaning obligations whose breach endangers the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (meaning obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), limited to the amount of damage foreseeable and typical for the contract at the time of the conclusion of the contract. Reaktor Berlin shall not be liable for the slightly negligent violation of other obligations than those mentioned above.

  3. With the exception of the cases prescribed by law, neither Reaktor Berlin, nor the companies affiliated with Reaktor Berlin in business or vicarious agents shall be liable for damages that may arise from the use of contents made accessible via the online and mobile offer or other types of use of the online offer. This also applies to damages that may result from errors, problems, viruses or loss of data. In all other respects, liability for claims for damages is excluded, regardless of the legal basis.

  4. The registered user assumes full liability for any complaints as well as legal actions, judicial, extrajudicial or any other kind, which arise from conflicts with other users or are in any way connected with them. The registered user acknowledges and accepts that Reaktor Berlin is under no circumstances and in no way responsible for the actions or omissions of other users, including any damages resulting from said actions or omissions.

 

§ 15 RELEASE FROM LIABILITY BY THE USER

  1. The user shall indemnify Reaktor Berlin from all claims that third parties may assert against Reaktor Berlin due to an infringement of their rights by the content posted by the user within the Reaktor Berlin products or by their other use of the applications available via Reaktor Berlin. The User shall assume the costs of any necessary legal defence of Reaktor Berlin, including all court and attorney fees in the statutory amount. This does not apply if the violation of rights is not due to any culpable behaviour of the user.

  2. In case of a claim by a third party, the user is obliged to immediately, truthfully and completely inform Reaktor Berlin about all information available to him/her that is necessary for an examination of the claims and a defence. Any further claims for damages of Reaktor Berlin against the user remain unaffected.

§ 16 FINAL PROVISIONS

  1. Should any provision of this agreement be invalid, this shall not affect the validity of the remaining provisions of this agreement.

  2. These terms and conditions shall be governed by and construed in accordance with German law. If you have your residence in a member state of the European Union, you also enjoy the protection of the mandatory provisions of the consumer protection laws in your member state.

Reaktor Berlin का ध्यान मोबाइल स्पोर्ट्स गेम्स पर है। ऐसे खेल जो लोगों को सक्रिय होने और वास्तविक जीवन में एक दूसरे से मिलने के लिए प्रोत्साहित करते हैं।

info@reaktor-berlin.com

 

Bautzener Straße 35
10829 Berlin

© 2019 by Reaktor-Berlin GmbH