https://calumma.gg/assets/TermsPage-DCPo_PjC.js

1import{j as e}from"./index-Bw4Vcf2D.js";function r(){return e.jsxs("div",{className:"mx-auto max-w-3xl px-5 py-12",children:[e.jsx("h1",{className:"text-2xl font-bold text-brand",children:"Terms of Use"}),e.jsx("p",{className:"mt-1 text-sm text-zinc-500",children:"Mobile Games — Calumma Games GmbH"}),e.jsxs("div",{className:"prose mt-8",children:[e.jsx(t,{title:"Preliminary Note",children:e.jsx("p",{children:'Calumma Games GmbH, Friedrichstraße 79, 10117 Berlin (hereinafter: "Calumma") develops and provides computer games for mobile devices (hereinafter: "Mobile Games") via app stores exclusively for private individuals (hereinafter: "Users"). The following terms and conditions apply to the use of these Mobile Games:'})}),e.jsxs(t,{title:"1. Scope",children:[e.jsx("p",{children:'1. These Terms of Use apply in addition to the terms of use provided by Apple (as operator of the App Store), Google (as operator of the Google Play Store) or other comparable providers (hereinafter collectively: "App Store Operators"). In the event of a conflict, these Terms of Use shall take precedence over those of the App Store Operators with regard to the relationship between Calumma and the respective User. The App Store Operators are entitled to assert the rights arising from these Terms of Use against Users directly.'}),e.jsx("p",{children:'2. These Terms of Use shall apply from 1 May 2024 and shall be automatically incorporated into the contract for the use of a Mobile Game between the User and Calumma (hereinafter: "User Agreement"). By downloading or accessing any Mobile Game from Calumma, the User agrees to comply with these Terms of Use.'})]}),e.jsxs(t,{title:"2. Service Description, Costs; Functionality, Compatibility and Interoperability",children:[e.jsx("p",{children:"1. To use the Mobile Games, the User must download and install the respective Mobile Game online via an app store onto a compatible device (Section 2.2). The connection must have a minimum download speed of 5 Mbit/s and a minimum upload speed of 3 Mbit/s."}),e.jsx("p",{children:"2. After download, the Mobile Games can be used in a limited manner offline. To use all features, a permanent internet connection is required during game use."}),e.jsx("p",{children:"3. Information about the procedure, functions and features, as well as a description or instructions for the Mobile Games offered, is provided by Calumma in the app stores (Apple App Store, Google Play Store, Amazon App Store) to Users in the languages specified there."}),e.jsx("p",{children:'4. Downloading, installing and using the Mobile Games from Calumma is free of charge. Within the Mobile Games, Users may voluntarily purchase virtual currencies (e.g. coins, gold coins, gold or points), virtual items (e.g. jewels, diamonds or tokens) and virtual in-game items or services (e.g. PowerUps, Boosts, or other game units) — (collectively hereinafter: "Virtual Goods") for a fee (see Section 5). In certain cases, Virtual Goods may also be obtained through opt-in advertising. In addition, Users may purchase a "Premium Experience" for a limited or unlimited period, which allows ad-free use or a reduction of advertising.'}),e.jsxs("p",{children:["5. Information on tracking in connection with the use of the Mobile Games can be found in the"," ",e.jsx("a",{href:"/privacy",className:"text-brand hover:underline",children:"Privacy Policy"}),"."]})]}),e.jsx(t,{title:"3. Minimum Age",children:e.jsx("p",{children:"The use of Mobile Games from Calumma is only permitted from a minimum age of 14 years. Users under 18 years of age require the permission of their parents or legal guardians to use the Mobile Games from Calumma in accordance with these Terms of Use. Calumma is entitled to request appropriate proof of age, identity and parental permission from the User."})}),e.jsx(t,{title:"4. Facebook Connect and Google Sign-In",children:e.jsx("p",{children:"Calumma optionally provides the User with the ability to sign in within the Mobile Game via Facebook Connect or Google Sign-In with their Facebook or Google account, in order to synchronize game progress between different devices or to use the profile picture of the respective account. The data required for this is transferred from the User's Facebook or Google account."})}),e.jsxs(t,{title:"5. Virtual Goods",children:[e.jsx("p",{children:"1. Within the Mobile Games, Users may purchase Virtual Goods (Section 2.5) for a fee. The stated prices include the respective value added tax. The payment options depend on the respective app store. The purchase of Virtual Goods is only permitted from the app store from which the User downloaded the Mobile Game."}),e.jsx("p",{children:"2. When purchasing Virtual Goods, the User acquires a limited personal and n

1on-transferable right to use the purchased Virtual Good as a feature in the respective Mobile Game. The User does not acquire ownership. Virtual Goods cannot be transferred to another User or another Mobile Game. The right of use ends with consumption or termination of use."}),e.jsx("p",{children:"3. An exchange of Virtual Goods after purchase is excluded. This does not affect the right of withdrawal."}),e.jsxs("p",{children:["4. ",e.jsx("strong",{children:"Right of Withdrawal:"})," You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (Calumma Games GmbH, Friedrichstraße 79, 10117 Berlin, Email: [email protected]) of your decision by means of a clear statement (e.g. a letter or email)."]}),e.jsxs("p",{children:[e.jsx("strong",{children:"Consequences of Withdrawal:"})," If you withdraw, we shall reimburse all payments received from you without undue delay and not later than fourteen days from the day on which we are informed of your decision to withdraw. We will use the same means of payment that you used for the original transaction."]}),e.jsxs("p",{children:[e.jsx("strong",{children:"Exclusion:"})," A right of withdrawal does not exist for digital content if we have begun execution of the contract after you have expressly agreed and confirmed your knowledge that you lose your right of withdrawal upon commencement of execution."]})]}),e.jsxs(t,{title:"6. Communication, User-Generated Content",children:[e.jsx("p",{children:"1. The User undertakes to comply with applicable law and all rights of third parties. In particular, the User is prohibited from using offensive, defamatory, pornographic, or violence-glorifying content, using legally protected content without authorization, or engaging in anti-competitive practices."}),e.jsx("p",{children:"2. The User grants Calumma a non-exclusive, unlimited, transferable and sub-licensable right to use user-generated content for the functionalities provided in the Mobile Game."}),e.jsx("p",{children:"3. Calumma assumes no liability for user-generated content and expressly does not adopt it as its own."})]}),e.jsxs(t,{title:"7. User Conduct",children:[e.jsx("p",{children:"1. The User may only download and play the Mobile Games for personal use on devices intended by Calumma."}),e.jsx("p",{children:"2. The User shall not modify the Mobile Games or interfere with the game process. In particular, it is prohibited to create or use hacks, cheats, exploits, decompile or reverse-engineer the games, create or use malware, or collect data without authorization."}),e.jsx("p",{children:"3. Any violation entitles Calumma to immediately block and terminate the User Agreement and may be pursued under civil and criminal law."})]}),e.jsx(t,{title:"8. Sanctions",children:e.jsx("p",{children:"In the event of a violation, Calumma may impose sanctions including warnings, content deletion, usage restrictions, temporary or permanent suspension, and termination of the User Agreement."})}),e.jsxs(t,{title:"9. Provision of Mobile Games, Rights of Use",children:[e.jsx("p",{children:"1. Calumma grants Users a non-exclusive, non-transferable, limited right of use to download and play the Mobile Games."}),e.jsx("p",{children:"2. The User is responsible for internet connectivity and system requirements compliance."}),e.jsx("p",{children:"3. Calumma strives for comprehensive availability but cannot guarantee continuous availability. Calumma may temporarily suspend availability for maintenance or capacity needs."}),e.jsx("p",{children:"4. Calumma may automatically update the Mobile Game to improve security, stability and compatibility."}),e.jsx("p",{children:"5. Calumma is not obligated to provide updates, upgrades or older versions, or to maintain the Mobile Games."}),e.jsx("p",{children:"6. Free services may be discontinued at any time after prior notice or offered as paid services."}),e.jsx("p",{children:"7. The User must download and back up purchased content. The risk of loss after purchase is borne by the User."}),e.jsx("p",{children:"8. Calumma expressly reserves the use of the Mobile Games for text and data mining within the meaning of § 44b UrhG."})]}),e.jsxs(t,{title:"10. Defects and Liability",children:[e.jsx("p",{children:"1. In the event of a defect, the User has the statutory warranty rights against Calumma."}),e.jsx("p",{children:"2. Calumma's liability for slightly negligent damage is limited to typical and foreseeable damage in the case of breach of essential contractual obligations. This does not apply to damage to life, body or health."})]}),e.jsxs(t,{title:"11. Contract Term, Termination",children:[e.jsx("p",{children:"1. The User Agreement runs for an indefinite period."}),e.jsx("p",{children:"2. Both parties may terminate with 14 days' notice by email or letter. The User may terminate immediately by deleting the Mobile Game."}),e.jsx("p",{children:"3. Both parties may terminate for good cause without notice."}),e.jsx("p",{children:"4. After termination, Calumma may delete all User data relating to the Mobile Game."})]}),e.jsx(t,{title:"12. Changes to the Terms of Use",children:e.jsx("p",{children:"Calumma reserves the right to change these Terms of Use at any time. Calumma will notify the User of changes in good time. If the User does not object within four weeks, the amended Terms shall be deemed accepted. In the event of objection, Calumma may terminate."})}),e.jsxs(t,{title:"13. Contact and Dispute Resolution",children:[e.jsxs("p",{children:["1. For complaints or inquiries: Calumma Games GmbH, Friedrichstraße 79, 10117 Berlin,"," ",e.jsx("a",{href:"mailto:[email protected]",className:"text-brand hover:underline",children:"[email protected]"}),"."]}),e.jsxs("p",{children:["2. Online dispute resolution platform:"," ",e.jsx("a",{href:"https://ec.europa.eu/consumers/odr",target:"_blank",rel:"noopener noreferrer",className:"text-brand hover:underline",children:"https://ec.europa.eu/consumers/odr"}),"."]}),e.jsx("p",{children:"3. Calumma is not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board."})]}),e.jsxs(t,{title:"14. Final Provisions",children:[e.jsx("p",{children:"1. The law of the Federal Republic of Germany shall apply exclusively, excluding the UN CISG."}),e.jsx("p",{children:"2. Calumma may use third parties for contract performance and may transfer its rights and obligations to a third party."}),e.jsx("p",{children:"3. In case of doubt, only the German version shall be authoritative."}),e.jsx("p",{children:"4. Should individual provisions be void or ineffective, the validity of the remaining provisions shall not be affected."})]})]})]})}function t({title:i,children:a}){return e.jsxs("section",{className:"mt-8 first:mt-0",children:[e.jsx("h2",{className:"mb-3 border-b border-zinc-100 pb-2 text-base font-semibold text-zinc-800",children:i}),e.jsx("div",{className:"space-y-2 text-sm leading-relaxed text-zinc-600",children:a})]})}export{r as default};