1 Scope and Subject of the Terms and Conditions of Use
1.1 These Standard Terms and Conditions of Use ("Terms and Conditions of Use") regulate the use of the online games and other services, such as forums and support systems, provided by 4Secret
1.2 4Secret is entitled to interrupt the operation of the 4Secret Services without prior notice if there are urgent technical reasons or because of necessary maintenance works. In all other cases reasonable advance notice will be provided using suitable means.
1.3 The 4Secret Services can only be used in the currently valid version.
1.4 The 4Secret Services are solely intended for the entertainment purposes of consumers. It is prohibited to use them for the purpose of making a gainful profit.
1.5 The user is responsible for the up-to-dateness and suitability of the software and hardware used by him, particularly for the purpose of using any new releases or other updates of the 4Secret Services.
1.6 The 4Secret Services are subject to the applicable rules of gaming or use ("Rules"), if in existence, through which the 4Secret rights of possession and ownership are set out in detail. If there are any contradictions between the Terms and Conditions of Use and the Rules, these Terms and Conditions shall take precedence, unless the Rules are accorded priority in the specific case.
1.7 The user's contrary rules or standard terms and conditions shall not apply.
2 General provisions concerning the conclusion of contract
2.1 In order to use the 4Secret Services the user must be registered. The user must always be registered in order to save a game state.
2.2 Users must be individual natural persons (groups, families, life partners etc. not permitted). Registration must be completed personally. Registration via third parties is not permitted.
2.3 Minors are only permitted to use the 4Secret Services if the relevant legal guardian has consented and if the user has attained the minimum age indicated in the relevant age rating.
2.4 During the registration process the user is required to enter certain data such as a player name and an email address registered in his name. The user has no entitlement to be assigned a particular player name. The player name may not infringe any third-party rights or any relevant legal regulations nor may it offend public decency. The user is expressly responsible in this respect. It is likewise not permitted to use an email or internet address as a player name. The information provided by the user when registering must be fully truthful and complete. The user is obliged to continually update the information provided when registering. If required for the execution of the licence agreement, 4Secret shall be entitled to demand suitable proof of identity which will be deleted promptly following verification.
2.5 By entering the requisite data on one of the 4Secret internet pages, the user is submitting an offer to conclude the licence agreement regulated herein. 4Secret accepts the offer by activating the user account. 4Secret is entitled to make the activation of the user account dependent on the user validating his email address (opt-in procedure). At the time of the activation performed by 4Secret a licence agreement will be established between 4Secret and the user in accordance with these Terms and Conditions of Use.
2.6 There is no entitlement to registration or activation.
2.7 Once the registration has been successfully completed, the user creates a user account which he can independently administer. The user may create an account on the 4Secret portal.
2.8 The user account may not be transferred or made available to other parties without the consent of 4Secret.
3 General duties of the user
3.1 Log-in data, usernames, passwords
3.1.1 The user is obliged to keep his log-in data secret at all times. In particular the user is obliged to only use his log-in data within the 4Secret Services and to protect it from unauthorised third-party access.
3.1.2 "Log-in data" is taken to mean the user's personal access data used to authenticate him and to preclude any use by unauthorised third parties. The password may not be identical to the player name and it must contain at least eight characters comprising a combination of digits and letters.
3.1.3 In the event that the user has any reason to suspect that a third party has or could have gained unauthorised use of this data, he must promptly inform 4Secret and change his data or arrange for it to be changed by 4Secret. 4Secret, moreover, has the right to temporarily block access to the user in such a case or in the event that 4Secret has any indication that the data is being misused. The user shall again be permitted use once the suspicion of misuse has been shown to be groundless.
3.1.4 Unless permitted under the Rules, the user is not entitled under any circumstances to use the log-in data of another user.
3.2 Use of the 4Secret Services
3.2.3 The user is duty bound to desist from anything that could jeopardise or interfere with the 4Secret Services and he may not access data which he is not entitled to access.
3.2.5 It is not permissible to use the 4SecretServices via anonymisation services or similar means capable of suppressing or concealing the real IP address or the origin of the user.
3.3 Use of client software
Any modification of the client software or the retranslation of the supplied program code into other code forms (decompilation) as well as any other forms of reverse engineering of the various software production phases are prohibited.
4 Special conditions for the use of the online games
4.1 4Secret is entitled at any time at its own discretion to block or delete unauthorised multi-accounts.
4.2 Under no circumstances may the user
a) create or use cheats, mods, hacks and/or software that alter the online game experience,
b) use software that facilitates "data mining" or otherwise captures or collects information in connection with the online games,
c) buy or sell virtual articles originating from the 4Secret Services from third parties in return for real means of payment, nor may he exchange these goods or attempt to negotiate any of the aforementioned transactions unless this is permissible in the individual case.
This also includes all actions equivalent to the aforementioned prohibited activities.
4.4 All rights to the virtual articles used in the online games and acquired in return for payment belong exclusively to 4Secret except where used in accordance with these Terms and Conditions of Use.
5 Special conditions for the use of communications facilities (in particular discussion forum, chat, blog and comment functions)
5.1 4Secret can provide the user with various communications facilities for its own content and contributions, which the user may use within the terms of the relevant availability. 4Secret in this respect solely provides the technical facilities for the exchange of information. There is no entitlement to the provision of such communications facilities.
5.2 The user is prohibited from publishing or disseminating content (e.g. images, videos, links, names, texts) within the 4Secret Services, if this
a) violates the applicable law or is unethical;
b) infringes trademarks, patents, copyright, other industrial property rights, business secrets or other third-party rights;
c) is obscene, racist, glorifies violence, is pornographic or liable to corrupt the young or otherwise endanger or impair the development of children and young people;
d) is insulting, harassing, libellous in character or is otherwise prejudicial to an individual's rights of personality;
e) contains chain letters or pyramid schemes;
f) creates the false impression of being provided by or supported by 4Secret;
g) contains the personal data of third parties who have not consented to its inclusion;
h) is commercial in character, particularly having an advertising effect.
5.3 The user is obliged moreover to choose appropriate wording and not to disseminate any political or religious content or content with sexual references.
6 Consequences of a breach of duty
6.1 If 4Secret objects to particular content, the user must promptly remove it if there is any doubt. 4Secret reserves the right to remove this content itself.
6.2 Notwithstanding all other statutory or contractual rights, particularly the right of termination for cause pursuant to Section 8.2 of these Terms and Conditions of Use, using its discretion 4Secret may undertake one or more of the following actions if there are actual circumstances that genuinely indicate that a user has violated these Terms and Conditions of Use or the relevant applicable supplementary conditions and Rules, unless the user is not responsible for the violation:
a) amend or delete content,
b) issue a warning to the relevant user,
c) announce the misconduct in the relevant online game and disclose the player name,
d) temporarily block the user account and
e) exclude the relevant user, including for future cases.
6.3 Once a user has been excluded, he may not register a new user account without the prior consent of 4Secret.
7 Limitations to Responsibility
7.2 In the event of inconvenience to 4Secret that affects the lines, it will not assume any responsibility.
8 Duration of the contract; delete the user account
8.1 The contract for the use of the 4Secret portal, online gaming and other offers of services is concluded indefinitely. It acquires validity from the authorization or licensing by 4Secret.
8.2 Each party has the right to terminate the contract for good reason without notice of any termination. Specifically, there is a good reason if:
a) there is a behavior which does not affect the gaming experience of other users,
b) cheat, mod and / or hacks or other forms of software, tools or scripts that may alter the experience or gaming mechanism in online gambling,
c) the use of the user account by a third party has been verified,
d) the user makes use of the virtual objects used in the online game outside the game itself if he buys, sells or exchanges such items in exchange for "real" money or
8.3 4Secret is authorized to delete the user account if there are legitimate reasons eg prolonged inactivity). 4Secret can also delete at its discretion the user account at the end of the contract.
9 Personal Data Protection
9.1 Personal data will be processed exclusively by authorized persons, with automated tools and the time it takes to achieve the purposes for which they are collected.