Terms of Services for use of the Website and Mobile Games
1 Terms of Service, Applicability
1.1 These Terms of Service apply to all offers and services of Thrill Pack Games GmbH, Agathastrasse 63, 57368 Lennestadt, Germany (hereinafter "Thrill Pack", "TPG" or "we/us") on the website www.thrillpack.com and www.morphnroll.com (hereinafter "Website") and our Game Morph'n'Roll (hereinafter "Game"). All transactions between Thrill Pack and the user (hereinafter "User" or "you") in connection with services offered by Thrill Pack on its Website are subject exclusively to the following Terms of Service (hereinafter "Terms") in the version, effective on the date of the purchase order.
1.2 By accessing the "Website" or using the services offered by Thrill Pack ("Services") the User agrees and acknowledges to be bound by these Terms of Service ("Terms"). They are an integral part of each contract between the User and Thrill Pack unless provided otherwise in a particular case. The Terms also apply to any future transactions with the User, whether or not they are expressly made applicable again at that time. If you do not agree to these Terms, please do not access the Website or use the Services. We only offer the Services for users over the age of 16.
1.3 By downloading and/or using software and/or games ("Games") provided by Thrill Pack on the Website or via a market place operated by a third party, the User agrees and acknowledges to be bound by the Terms as well; Section 1.2 applies accordingly.
1.4 Thrill Pack is entitled to change the Terms with effect for a future date. Thrill Pack will only carry out these changes
for an important reason; in particular based on new technical developments, expanding our services, changes in legislation or
jurisprudence or other equivalent reasons ("Legitimate Reasons"). Should the change significantly distort the contractual
balance between the parties, the change will not take place. In all other cases, changes require your approval. You agree to
be informed about changes to the Terms when you log in to the relevant games platform or via in-game messages or by e-mail to
your most recently notified e-mail address. The Terms are considered accepted if you do not object to them in writing or in
text form (e.g. by e-mail or fax) within eight weeks after receipt ("Objection Deadline"). When notifying any changes, we will
draw specific attention to this option. We advise to direct any objection to us in writing or by e-mail for the preservation
of evidence. In the latter instance, it is recommended to provide the name of both the Game and your own name in the subject line.
If you, as User, do not object to the changed Terms towards us within the Objection Deadline or you continue to use the Games
despite access to the notification concerning changes, the changed or supplementary Terms become effective.
If you, as User, object within the deadline, both the User and Thrill Pack are entitled to duly terminate the contractual relationship and, after the expiry of a possible notice period, to stop providing the Game. When notifying changes, we will always explicitly point out the possibility of objection and termination as well as the period of notice and the legal consequences in particular where an objection does not take place.
Games provided by Thrill Pack on its Website can include the option for the User to make purchases in order to unlock additional functions and/or features ("In-Game-Purchase"). In-Game-Purchases can be made with real money (via electronic funds transfer, credit card or other online payment systems) and/or using credits acquired via Thrill Pack and/or third parties. Subject to availability, the User may obtain credits to process In-Game-Purchases by making progress in the Game, watching videos displayed as advertisements ("Rewarded Videos").
Thrill Pack has the right to feature advertising - including custom advertisements - on the Website and in online and offline Games provided by Thrill Pack and/or third parties on the Website in compliance with applicable laws. This right also extends to advertising by companies affiliated with Thrill Pack and advertising included in newsletters sent to the User by e-mail, provided that the User has agreed to receive newsletters.
3.1 Consumable In-Game-Purchases: Games provided by Thrill Pack on its Website can include the option for the User to make purchases in order to unlock additional functions and/or features ("In-Game-Purchase"). In-Game-Purchases can be made with real money (via electronic funds transfer, credit card or other online payment systems) and/or using credits acquired via Thrill Pack and/or third parties. Subject to availability, the User may obtain credits to process In-Game-Purchases by making progress in the Game, watching videos displayed as advertisements ("Rewarded Videos").
3.2 Non-Consumable In-Game Purchases: Non-Consumable In-Game Purchases consist of one-time payments made by the User to acquire a non-transitory specific feature, function and/or item in the Game which is not used up during the progress of the Game (i.e.: Remove ads, full game unlock, extra features and/or accessories; bonus game levels; additional characters). After buying these features one-time each they will be permanently available during the progress of the game and after a Game restart.
3.3 Availability of In-Game Purchases: If you remove and/or reinstall the Game from your device, or use a different login-name
and/or User-ID, you might lose your Consumable In-Game-Purchases. Non-Consumable In-Game-Purchases can be restored after a
transfer to other devices if the login-name and/or User-ID remains identical.
In case of any objection by User to changes of the Terms justified by Legitimate Reasons, and a subsequent termination of the contractual relationship, any financial expenses incurred by the User for the Use of the services rendered by Thrill Pack are non-refundable. This includes money spent by the User on consumable and non-consumable In-Game-Purchases.
Thrill Pack accesses and stores sensitive website login data as part of its daily operations. While Thrill Pack will take every reasonable precaution to secure these details (including the use of database data encryption), nonetheless, making available personal data, whether in person, by telephone or online, is always associated with certain risks, and no technical system is completely immune to manipulation or sabotage. Thrill Pack will not accept any responsibility or liability for actions that may result from this data being intercepted or accessed by an unauthorized third party.
5 User Responsibility and Obligations
5.1 The User shall use the Website and Games only for his/her own personal, non-commercial purposes. The User agrees that he will not use or distribute any cheat utility, software, robots, macro programs and/or other technical means which have the effect to influence the process, contents, plot, features, operating principles and/or the In-Game-Purchase system of Games and/or Services provided by Thrill Pack.
5.2 The User agrees not to retrieve, store, process, modify, forward or make accessible to third parties any information from the Website or Games, unless expressly permitted under these Terms.
5.3 If specific circumstances indicate that the User has violated applicable laws or rights of third parties, or if Thrill Pack otherwise has a rightful interest, including, without limitation, an interest in the protection of other users, Thrill Pack may take the following measures:
- Sending a warning to the User
- Limiting use of the Website and/or Game
- Inform the police in case of a criminal offence
6 Liability of the User; Release of Thrill Pack from third party claims
6.1 The User is liable for the infringement of the rights of a third party caused by him. The User is obliged to compensate Thrill Pack for all losses or damages in connection with non-compliance with the obligations resulting from these Terms.
6.2 The User shall indemnify and hold harmless Thrill Pack from and against any and all valid claims brought by third parties or other users against Thrill Pack due to a violation of their rights by the user or based on any breach of Sections 5. The User will also bear the costs of the legal defense, including all court fees and attorney fees based on the statutory fee schedules. This does not apply if the user is not responsible for the infringement.
7 Liability of Thrill Pack
7.1 Thrill Pack provides the Website and/or its Games without any explicit warranty or condition. Any Services by Thrill Pack are provided on an "as is", "as available" and "as modified from time to time" basis. Thrill Pack does not warrant that the Games, the Website and/or any other Services will be provided uninterrupted, permanently, timely, accurate, error-free, without modifications over the course of time or of any specific quality.
7.2 You understand and agree that you use the Games and website at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. Under no circumstances shall Thrill Pack be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever (however arising, including by negligence), including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension, or termination of the site or services, damages incurred through any links provided on the site and the nonperformance thereof and damages resulting from loss of use, sales, data, goodwill or profits, whether or not Thrill Pack has been advised of such possibility. Your only right with respect to any dissatisfaction with this Website or Games or services with Thrill Pack shall be to terminate use of this site and services. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
7.3 Thrill Pack assumes no liability, in particular, for any damages resulting from any third-party actions affecting the User's system or resulting during data transfers from the User to Thrill Pack or from Thrill Pack to the User.
7.4 Thrill Pack has no control over design or contents of linked third-party websites and therefore makes no warranties with respect to the correctness, accuracy, completeness or lawfulness of such contents, and Thrill Pack hereby expressly states that it does not endorse such contents.
7.5 Any liability of Thrill Pack that may arise notwithstanding the foregoing provisions shall in each case be limited to damages caused by willful or grossly negligent actions or omissions of Thrill Pack, its representatives or agents, or resulting from a material breach of contract. Material contractual duties in this sense are duties ensuing from the nature of the contract and whose breach would jeopardise the attainment of the purpose of the contract. Liability shall be limited to reasonably foreseeable damages, unless Thrill Pack is held liable for a breach of contract resulting from willful or grossly negligent actions or omissions.
7.6 Any liability for wrongful injury to life, body or health shall remain unaffected thereby. The same shall apply to any liability that attaches by operation of law, e.g. in accordance with the German Products Liability Act.
7.7 Thrill Pack generally provides all information, advice and recommendations to the best of its knowledge. There is no primary or subsidiary obligation to provide any information, advice or recommendations. Therefore, Thrill Pack also is not liable for any damages resulting from the User's acting on such information, advice or recommendations, unless liability is based on tort or other provisions of applicable law. Information, advice and recommendations may involve images or texts, irrespective of whether such information, advice or recommendations are accessible to the general public or provided to the User personally.
7.8 Except as provided herein, any liability of Thrill Pack for damages, whatever the legal grounds, is hereby excluded.
8 Data Protection
9.1 If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly.
9.2 These Terms are governed by German law without reference to conflict of laws principles. Mandatory legal provisions related to consumer rights of the country of residence of the consumer which cannot be limited or excluded by contract remain unaffected by this choice of law.
10 Contact details
Thrill Pack Games GmbH, Agathastrasse 63, 57368 Lennestadt, Germany
Last revised: December 1, 2017
Copyright: Thrill Pack Games GmbH - all rights reserved.