Terms & Conditions

TERMS AND CONDITIONS

FOR THE WEBSITE AND SALE OF DIGITAL CONTENT

1. Applicability of these Terms

1.1. These Terms govern your use of our Website and Services. These Terms also govern all offers for and sales of Digital Content by us via the Website and these Terms are an integral part of a legally binding agreement between you and Gamerthor for each order for Digital Content.

1.2. By using our Website and Services and/or placing an order for Digital Content, you acknowledge to have read, understood and agree to be bound by these Terms.

2. Who are we?

2.1. This Website and the Services are offered to you by, and any agreements concluded with respect to Digital Content will be concluded with, Stega Distributions UG, a company incorporated under the laws of Germany and its registered offices in Mendelstr. 20, 13187 Berlin

2.2. You can contact us via e-mail at [email protected] Our customer service is available via e-mail on business days between 9:00 and 17:00 (CET)

2.3. Transparency is important to us, and you can find our detailed information via our legal notice (available at https://www.gamerthor.com/impressum)

3. Definitions

3.1. For the purpose of these Terms, the following terms shall have a special meaning:

3.2. Gamethor: Stega Distributions UG, a company incorporated under the laws of Germany and its registered offices in Mendelstr. 20, D-13187 Berlin; also referred to as “we”, “us” or “our”.

3.3. Digital Content: data supplied in digital form by Gamerthor directly, or indirectly via the Digital Content Provider, via the Website. This term refers to license keys, vouchers, season passes, wallet top-ups, codes and gift cards which can be redeemed for credit at Digital Rights Management Platforms.

3.4. Digital Content Provider: third parties from whom Gamerthor has procured the right to distribute its Digital Content.

3.5. Digital Rights Management Platform: third-parties that publish or otherwise make available game and software titles and with whom the Digital Content can be redeemed for credit, related to that platform.

3.6. Order Confirmation: an e-mail confirming receipt of your order.

3.7. Parties: Gamerthor and the User, together.

3.8. Party: either Gamerthor or the User.

3.9. Services: the services offered by Gamerthor through the Website including, but not limited to the ones described in Clause 4.

3.10. Terms: an abbreviation used to refer to these terms of use for the website and sale of digital content (i.e. this document you are currently reviewing).

3.11. User: any natural person or legal entity browsing our Website and/or ordering Digital Content; also referred to in these Terms as “you” or “your”.

3.12. Website: the website offered to you by Gamerthor at the following URL: www.gamerthor.com

4. Services offered via the Website

4.1. Our Services consist of offering you an online store via the Website for discovering and purchasing Digital Content which may be redeemed for credit at the relevant Digital Rights Management Platforms. This Service includes user account management.

4.2. Our Services also entail providing you with support during the ordering process, providing you with general instructions on how to redeem the Digital Content, and providing you with reasonable assistance if the Digital Content appears to be faulty. However, please be aware that we do not produce or issue Digital Content ourselves. All Digital Content is produced or issued by Digital Content Providers and offered for sale by us via our Website and we may be dependent on support by Digital Content Providers for certain queries.

5. Offering Digital Content

5.1. All offers for Digital Content will be accompanied by a clear description of all features relevant to it in order to allow you to adequately consider whether you would like to submit an order to us. We will ensure that Digital Content ordered via our Website will:

(a) be of the description, quantity, and quality, and possess the functionality, compatibility, interoperability and other features, which you may reasonably expect;

(b) be fit for the purpose for which digital content of the same type would normally be used; and

5.2. The prices for Digital Content will be clearly indicated as such via the Website in Euros (EUR) or other appropriate local or international currencies and will include any value-added tax (VAT) at the corresponding legal rate, where applicable. Although prices for Digital Content may change from time to time, the total and final price for each order will be indicated with your Order Confirmation and price changes will not affect orders for which we have already sent out an Order Confirmation.

6. How we process orders for Digital Content

6.1. To be eligible for ordering Digital Content via our Website, you must:

(a) be at least 18 years old, or older if that is required under applicable law to enter into a legally binding agreement with Gamerthor;

(b) be a consumer, meaning a natural person who is acting outside their trade, business, craft or profession (i.e. for personal use only); and

(c) have no intention of reselling or otherwise making available the purchased Digital Content to third parties other than the relevant Digital Rights Management Platforms.

6.2. All offers are subject to availability and acceptance of the order by the Digital Content Providers.

6.3. You can order Digital Content via our Website in the following manner:

(a) after registering or logging into your User account you can add available Digital Content to the from any Digital Content Provider to your shopping cart;

(b) as long as at least one item of Digital Content is in your shopping cart, you can continue to the checkout page to confirm your order;

(c) we will send you an Order Confirmation to signify our acceptance of your order and to confirm the conclusion of an agreement - governed by these Terms - between you and Gamerthor;

(d) should we, for whatever reason, not be able to provide you with the Digital Content ordered, we will inform you of this in writing as soon as possible;

(e) we will make the Digital Content available to you within 24 hours after having sent you an Order Confirmation unless otherwise indicated; and

(f) after unsealing the Digital Content or redeeming it within the Digital Rights Management Platform, modifying, reversing, or refunding an order is no longer possible (see Clause 7 for more details);

6.4. You can order Digital Content via our Website using only the following payment methods, subject to reasonable availability:

(a) credit cards supplied by MasterCard and Visa;

6.5. Please note that payment methods offered via our Website may require further authorization by third-party issuers and scheme owners and this may delay the processing of your order. We reserve the right to ask for reasonable proof of ID should you opt for credit card payment or if we otherwise expect a fraudulent transaction.

6.6. Despite our best efforts, we may not be able to fulfill your order. As such – and in addition to any other rights to refuse or cancel your order - we reserve the right to refuse or cancel your order for each of the following reasons:

(a) the Digital Content ordered is no longer available;

(b) the pricing was an obvious mistake and we cannot reasonably be asked to accept such a pricing error;

(d) we suspect your order to not be in compliance with these Terms;

(e) the e-mail address provided to us by you is invalid or we could otherwise not deliver the Digital Content to you; or

(f) we cannot make the Digital Content available to you due to a situation of force majeure (overmacht).

7. Cancellations & Refunds

7.1. You are entitled to cancel your order for Digital Content, for whatever reason, in the following scenarios:

(a) until you have received the Order Confirmation; or

(b) within 14 calendar days following the day upon which we make the Digital Content available or accessible to you. We may ask you to provide a reason for cancellation, but you do not have to tell us.

7.2. Once you have successfully canceled your order under Clause 7.1 you will be entitled to a refund and we will reimburse you within 14 calendar days following the day on which we were informed of your decision to invoke your right to cancel your order. All refunds will be paid out to the same payment method used with the original order.

7.3. Notwithstanding Clause 7.1, you will no longer be entitled to cancel your order or otherwise get a refund for your order:

(a) once you have asked us to unseal the Digital Content – allowing you to actually review or see the Digital Content – and after you have explicitly agreed that you wish to waive your right to cancel your order or otherwise withdraw from the contract of sales for the Digital Content;

(b) once you have successfully redeemed the Digital Content with the relevant Digital Rights Management Platform.

8. Promotions

8.1. Gamerthor, from time to time and at its own discretion, may make promotions available to some or all of its Users. These promotions are subject to the following rules, in conjunction with the specific terms of any promotion.

(a) Gamerthor may, at any time and at its own discretion, stop or discontinue a promotion.

(b) Gamerthor may apply different prices for Digital Content depending on the geographical regions and a User may not qualify to purchase a Digital Content at the advertised price in the event that the User’s domicile is not the same with the region for which the price was advertised.

(d) Number of Digital Content that can be purchased by a User may be limited by Gamerthor.

(e) Digital Content subject to promotion may run out of stock and Gamerthor does not guarantee the availability of the Digital Content.

(f) Gamerthor reserves the right to unilaterally change the prices of the Digital Content without any notice.

(g) Users are not allowed to combine any vouchers or discounts unless expressly stated in writing by Gamerthor.

(h) It is not possible for Users to claim the monetary equivalent for any discounts or vouchers unless expressly stated in writing by Gamerthor.

9. Use of Digital Content

9.1. Digital Content purchased from Gamerthor must be redeemed with the Digital Rights Management Platform for which it was advertised before the expiration date indicated with the offer for the Digital Content. If you fail to redeem Digital Content before the expiration date, you will not be able to redeem its value in any way. For the avoidance of doubt, you will not be entitled to any refund by us for failing to redeem Digital Content before the expiration date.

9.2. Once the Digital Content has been made available to you, you are responsible for ensuring the confidentiality and security of any license keys, vouchers, season passes, wallet top-ups and gift cards. You explicitly agree to not share Digital Content with third parties other than the Digital Rights Management Platform for which it was meant.

10. Third-party services and content

10.1. Please be aware that your use of Digital Content will usually be subject to additional terms and conditions supplied by the producers of the Digital Content (e.g. end-user license agreements or EULA’s). You warrant that you will comply with all such referenced additional terms and conditions.

10.2. Moreover, in order to provide you with a better user experience of the Website, we may require the use of third-party technology components which may be subject to your agreement to terms and conditions supplied by these third parties. We strive to indicate the applicability of such additional terms and conditions where possible in a clear manner.

10.3. We may also display third-party content via our Website (e.g. via frames). That content is the sole responsibility and liability of the third-party making it available to you. We do not make any warranties or representations with respect to the accuracy, veracity or legal status of such third-party content and disclaim any liability in this regard.

11. What we expect from you

11.1. When using our Website or Services, you must:

(a) use best efforts to protect the confidentiality and security of your User account and login details for the Website or Services;

(b) not threaten or harass other Users;

(d) not infringe upon Gamerthor's or a third parties’ intellectual property rights, and not commit any other wrongful acts towards Gamerthor, Digital Content Providers, Digital Rights Management Platforms or any other third-party;

(e) not use our Website or Services for commercial purposes, without our prior written consent;

(f) not use automated means to access or otherwise engage with our Services or Website, beyond using interfaces explicitly provided by us for use by our Users;

(g) not interfere with, limit or impede access to or use of the Website or Services for other Users;

(h) not acquire access to other Users’ accounts, Digital Content, or otherwise, acquire access to any parts of our Website or Services of which you are aware or should reasonably be aware that they are not to be made available or accessible to you;

(i) not adapt, modify or reverse engineer the Website, Digital Content or Services, except insofar as such actions cannot be excluded under applicable law, without our explicit prior written consent;

(j) not intentionally test the security of our Website or Services, without our explicit prior written consent;

(k) not resell or otherwise re-provide (access to) our Services or Digital Content, without our explicit prior written consent;

(l) comply with all our reasonable instructions regarding the use of Digital Content, the Services and the Website, including these Terms; and

(m) comply with all applicable laws and regulations regarding online conduct, non-discrimination, intellectual property rights, and data protection.

12. Suspension or termination of Services or access to the Website

12.1. We are entitled to suspend or terminate, with immediate and indefinite effect, and without prior notice, your access to or use of our Website and Services, partly or in full, if you, to be determined at our sole discretion, fail to comply with any of the instructions mentioned in Clause 11.1 or other parts of the Terms. You will not be entitled to any compensation or refund for this.

12.2. Notwithstanding Clause 12.1, we will use reasonable efforts to notify you of any decision to suspend or terminate your access to or use of the Website or Services prior to such a decision coming into effect.

12.3. If you fail to comply with these Terms and cause damages, our decision to suspend or terminate your access to or use of the Website or Services will not affect our entitlement to also seek compensation for damages and we expressly reserve the right to seek compensation of damages and costs.

13. User-Generated Content

13.1. You may be able to store, upload, submit or otherwise cause content to be processed via our Website or Services. In doing so, you retain any rights you have with respect to this content, but grant us, the Digital Content Providers, Digital Rights Management Platforms, as well as any subcontractors engaged by us, a worldwide, perpetual, royalty-free, fully paid, non-exclusive license to use, store, host, reproduce, display, modify and distribute such content for the purposes of providing, promoting, monetizing and improving our Website and Services. You warrant and represent that you are entitled to grant this license to us, the Digital Content Providers, Digital Rights Management Platforms, and our subcontractors without infringing any third-party rights, including intellectual property rights and privacy rights.

13.2. You agree to indemnify and hold all parties mentioned in Clause 13.1 harmless from and against all third-party liabilities, claims, damages and expenses (including reasonable attorney fees) arising from or relating to content stored, uploaded, submitted or otherwise processed via the Services or Website by you.

13.3. We are entitled to remove any of your content stored, sent or otherwise processed via our Services or Website if necessary to protect our rights or the rights of third parties. We are entitled to do so with immediate effect and without prior notice, but we will try to inform you in advance to give you reasonable time to mitigate the infringement yourself. To the extent permitted by law, we will inform you of any reports we receive from a third-party alleging your infringement of their rights.

14. Changes to the Website and Services

14.1. We are entitled to change the Services and the Website, at any time and at our sole discretion. We aim to do so with a minimally adverse impact on your access to or use of the Services and Website and will try to inform you of any maintenance in advance. With respect to the changes described in Clause 14.1, we will use best efforts to notify you of such changes at least 24 hours in advance.

14.2. We are entitled to permanently stop providing the Services to you or stop providing the Website to you, at any time and for whatever reason. In addition, we are entitled to limit the functionality of the Services and Website. With respect to the changes described in Clause 14.2, we will use best efforts to notify you of such changes at least one month in advance.

15. Changes to the Terms

15.1. We reserve the right to make changes to these Terms at any time and without prior notice. Any changes to the Terms shall enter into effect for all Users immediately upon posting the changes to our Website or upon informing you of the changes via other appropriate means. If you do not agree to the changed Terms, you must discontinue your use of the Services and Website and will not be able to purchase further Digital Content.

16. Data protection and privacy

16.1. In order to provide our Website or Services to you, we may need to process your personal data. In addition, you yourself may also choose to store, upload, send, submit or otherwise cause content containing your personal data to be processed via our Website or Services.

16.2. Our privacy policy (available at https://www.gamerthor.com/privacy -policy explains how we process and protect your personal data when you use our Services or Website. Be sure to read it before you start using our Services. By using our Website and Services, you agree that we are entitled to process your personal data in accordance with that privacy policy.

17. Security & responsible disclosure

17.1. We recognize the importance of keeping our systems and data safe, so security is a top priority to us. However, we do realize that, despite our efforts, vulnerabilities may still exist. If you accidentally stumble upon a vulnerability in our Services or Website, we ask that you:

1) report this to us without undue delay, so we can take mitigating measures as soon as possible;

2) not exploit or otherwise use the vulnerability more than strictly necessary for the purpose of assessing its extent and reporting it to us (e.g. do not disrupt the Services or Website for other Users, do not copy data from our systems and do not use the vulnerability to launch attacks or mass-communications against third-party websites or services);

3) not share the vulnerability with any third party without our prior written consent; and

4) You should submit any vulnerability report to us via e-mail at [email protected]. We strive to respond to your report within ten business days and to treat your report and identity as confidential information.

17.2. We agree not to bring a claim for damages against you for discovering a security vulnerability in our Website provided that you adhered to the steps described under Clause 17.1.

18. Intellectual property rights

18.1. All our intellectual property rights, including but not limited to any copyrights, trademarks, design rights, database rights, and know-how, in connection with the Services, the Digital Content or the Website, including the selection and arrangement of the user-generated content referred to in Clause 13, are and shall remain the sole property of Gamerthor and, to the extent applicable, its third-party licensors (e.g. Digital Content Providers).

18.2. These Terms do not grant you any license or other rights to use our trademarks, logo’s or designs, nor do we transfer any of our intellectual property to you.

19. Warranties

19.1. We try to provide our Services using a commercially reasonable level of skill and care. However, except as expressly described in these Terms, we exclude, to the fullest extent permitted by law, all warranties, conditions or representations with respect to the Digital Content, the Services or Website. For example, we do not make any guarantees or commitments about the reliability, availability, non-infringement or suitability for your needs of our Services and Website. The Services and Website are provided “as is”.

20. Liability and indemnities

20.1. We are not liable for any damages suffered by you, directly or indirectly, related to the use of our Website or Services, regardless of the nature of the claim (i.e. tort, contract or otherwise).

20.2. Should the exclusion of liability as stipulated in Clause 20.1 not be enforceable against you, our liability shall be limited to the compensation of damages with a maximum of the value of the order(s) placed and accepted by us.

20.3. None of the exclusions or limitations stated in these Terms shall apply to damages consisting of personal injury or death, or damages caused by willful misconduct or gross negligence on our part.

20.4. You agree to indemnify and hold us harmless from and against all third-party liabilities, claims, damages and expenses (including reasonable attorney fees) arising from your access to or use of the Services or Website.

21. Applicable law and dispute resolution

21.1. These Terms are governed by the laws of the Germany, without application of its conflict of laws/rules. We will first attempt to settle any dispute that arises amicably. Should we not be able to reach an amicable solution, you must first submit any disputes arising in connection to the Website, the Services or the Terms to the Online Dispute Resolution (ODR) platform provided by the European Commission (available at https://ec.europa.eu/consumers/odr). We will do the same if you reside in Belgium, Germany, Luxemburg or Poland. In all other cases, disputes will exclusively be submitted to the competent court in Berlin, Germany.

22.2. If you are using our Services or Website for personal use only (i.e. you are a consumer) and reside in a European country which, by mandatory law, does not allow for the choice of law, jurisdiction or venue described in Clause 20.1, the laws of your country of residence will apply and disputes may be submitted to your local jurisdiction and venue.

22. Miscellaneous

22.1. These Terms are primarily available in English and all agreements governed by them shall be considered concluded in English. Translations to other languages may be provided for the sake of convenience, but the English original shall always be leading with respect to the interpretation of these Terms and all agreements governed by them.

22.2. We are entitled to subcontract our rights and obligations related to our performance of the Services to any third party without your consent.

22.3. Should any provision of the Terms be or become invalid or unenforceable in whole or in part, the remaining provisions shall continue to apply in full and Gamerthor and the User agree to negotiate in good faith with respect to a valid and enforceable provision approaching as closely as possible the intent of the invalid or unenforceable provision, in order to replace it.

22.4. Any failure by Gamerthor to enforce any provision of the Agreement at any time shall not be deemed to be a waiver of its right under these Terms, nor shall it prejudice any of its right to take subsequent action.

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