#Terms
Section A: General Terms
§ 1 Scope
- Famobi delivers all services related to the Games exclusively under these Terms of Service (TOS). The general terms in Section A always apply, while the special terms in Section B apply to registrations and paid services.
- Any general terms from Users will not be considered part of the agreement unless explicitly accepted by Famobi in writing.
§ 2 Description of Services
- Basic access to the Games is free, but some extended versions may be available for purchase. Users will receive detailed information about functions, requirements, and prices.
- Famobi offers Games "as is," with the right to modify, update, or suspend them to ensure an optimal gaming experience. Users are only entitled to access the current version of a Game.
- Famobi guarantees 90% annual average availability for each Game, excluding issues beyond its control (e.g., force majeure). Routine maintenance periods are also excluded.
§ 3 Usage Rules
- Commercial use of the Games requires prior written approval from Famobi.
- Users must comply with legal standards and avoid sharing content that is offensive, unlawful, or infringes on third-party rights.
§ 4 User Responsibilities
- Famobi takes precautions against viruses but cannot guarantee absolute security. Users are advised to scan incoming emails for malware.
- Famobi is not liable for device damage or data loss caused by external factors.
§ 5 Defects
- The Games are provided in their current version. Users cannot demand specific features or performance levels unless the defect significantly affects functionality.
- Issues caused by external factors, misuse, or unauthorized changes are excluded from warranty.
§ 6 Liability
- For free services, Famobi is only liable for intentional or gross negligence.
- For paid services, Famobi’s liability extends to intentional and gross negligence. For minor negligence, liability is limited to breaches of essential contractual duties.
- Liability for damages is capped at EUR 60.00 per account.
§ 7 Intellectual Property
All content and rights in the Games belong to Famobi or its licensors. Unauthorized reproduction or distribution is prohibited.
§ 8 Third-Party Content
Users are responsible for their own content on Famobi’s platform. Famobi does not assume responsibility for third-party content or linked external sites.
§ 9 Data Protection
Famobi processes user data in compliance with data protection laws. Details are provided in the company's Privacy Policy.
§ 10 Modifications to TOS
- Famobi may revise the TOS for legal or operational reasons, ensuring no unfair disadvantage to Users.
- Changes will be announced via email or the website at least two weeks before they take effect.
- Users may object within one month of notice; otherwise, changes are considered accepted.
§ 11 Final Provisions
- German law applies, excluding international sales laws.
- If a provision of the TOS is invalid, the remaining terms remain unaffected.
Section B: Registrations and Paid Services
§ 12 User Eligibility
- Famobi services are intended for consumers under German law, aged 18 or with guardian consent.
- Users guarantee they meet these requirements when registering.
§ 13 Registration and Agreements
- Some services may require an account. Accurate information, including a valid email, is necessary.
- Accounts cannot be transferred without written consent.
§ 14 Right of Withdrawal
- Users can withdraw from agreements within 14 days. Reimbursement details are outlined in the withdrawal policy.
- Famobi provides a model withdrawal form for convenience.
§ 15 Payment Rules
- Fees apply for premium game versions or additional features. Prices and terms are disclosed in advance.
- Famobi reserves the right to modify or discontinue features, offering refunds or alternatives if applicable.
- Payments are due upon order confirmation.
§ 16 Termination and Duration
- Subscriptions are time-limited and end automatically unless renewed.
- Early termination forfeits unused services unless agreed otherwise.