Terms Of Use

1. General Information

1.1 Gamemodeller.com is an online gaming platform (hereinafter “Gamemodeller.com”) accessible under “www.gamemodeller.com” that is operated by MOGI business creation company GmbH, 19, Guntrams, 2625 Schwarzau am Steinfelde, Austria (hereinafter “we“). The services of Gamemodeller.com are provided to you on the basis of these terms and conditions. By registering for Gamemodeller.com you accept these terms and conditions; if you do not accept them you are restricted from using our services.

1.2 MOGI business creation company GmbH reserves the right to update or amend these terms and conditions and you will be notified of such changes that are deemed to be approved of if you do not object within 4 weeks or before you use our services again. In addition, you herewith accept that you can be notified of any such changes on Gamemodeller.com via notes and links that can be found within our offer.

1.3 By using the service of Gamemodeller.com you are obliged to abide by our terms and conditions. You accept these terms and conditions in the course of registering for Gamemodeller.com by explicitly agreeing to them but also as non-registered user when you only use our service. In both cases you, in doing so, have accepted these terms and conditions.

2. Registering and conditions for participating in our service

2.1 You are only entitled to participate in our service if you are of legal age or act with the consent of your legally authorised representatives (e. g. parents).

2.2 You are obligated to provide truthful, accurate, current and complete information during the process of registration. After successful registration you will receive a confirmation e-mail.

2.3 Please note that you may receive messages such as the changes to these terms and conditions or confirmations by mail that we assume to be delivered provided that the sender has not received notification of unsuccessful transmission.

2.4 Please note that your user account is not transferable in any way be it by ownership transfer or inheritance.

3. Deletion or lock of your user account

3.1 You can delete your user account without explanation and at any time. MOGI business creation company GmbH will delete all account-related personal data accordingly while the usage rights of all non-personal account-related data will be transferred to MOGI business creation GmbH.

3.2 You agree on your part that MOGI business creation company GmbH can lock or delete your account without explanation at any time and prevent you from further using our service if you threaten Gamemodeller.com or its users by violating these terms and conditions or applicable law. You accept that if your user account is locked or deleted for whatever reasons MOGI business creation company GmbH will not assume any liability and that in case of deletion all personal account-related data will be deleted while the usage rights of all non-personal account-related data will be transferred to MOGI business creation company GmbH.

3.3 In case of account deletion by MOGI business creation company GmbH you are only entitled to regain access to our service without our explicit permission. In addition, you are not allowed to help locked users to gain access to our service by providing your account.

3.4 The rules and regulations as mentioned under 4.2, 4.3, 5, 6, 9, 10, 11 and 12 do not lose validity in case of account deletion if applicable at any time before.

4. General responsibilities of users

4.1 You are obliged to take care that your user account is used exclusively by you and to keep your password confidential.

4.2 You acknowledge that you are fully and solely responsible and liable for all activities that are performed by using your account. If your account is used by minors or legally incompetent persons without consent of their legally authorized representatives you are fully liable especially for resulting illegal actions in case of misuse.

4.3 You are obliged to inform us immediately in case of any misuse associated with your user account or any other security related violations.

4.4 In order to use our service you have to provide the necessary technical requirements (such as computer, internet access or cell phone contract) at your own charge.

4.5 You agree not to act in a way that could impair or jeopardise the operation of our service and not to use software or scripts and especially search engine robots, web crawlers and offline reader software that generate automatic user requests over the internet.

5. Responsibilities, forbidden content and behaviour

5.1 Users are personally, solely, exclusively and fully responsible for information, data, texts, software, music, sounds, pictures, images, videos, messages or other content elements that are stored, published and/or transmitted by using their Gamemodeller.com user accounts. This also applies to content elements created by the user and to content elements purchased or obtained from other sources. In both cases the user is fully liable.

5.2 You acknowledge that MOGI business creation company GmbH does not review content that is stored/published/transmitted by users and therefore does not assume liability for respective content elements.

5.3 You acknowledge that by using our service you may be exposed to discriminating, displeasing or other objectionable content if the responsible users do not comply with these terms and conditions or other applicable laws and regulations. MOGI business creation company GmbH will not assume liability for such content elements.

5.4 MOGI business creation company GmbH reserves the right to fully or partly prevent, lock or delete content accessible via Gamemodeller.com or to publish it elsewhere within our service if it infringes these terms and conditions.

5.5 Using Gamemodeller.com you are explicitly prohibited from doing the following actions:

5.5.1 to save/publish/transmit data, texts, files, links, software or other content elements that infringe legal regulations or are in our judgement unlawful, immoral, abusing, harassing, discriminating, racist, otherwise objectionable or harmful to minors;

5.5.2 the use of prohibited or unconstitutional symbols;

5.5.3 to save/publish/transmit content for which you do not hold the copyright or that infringe third party rights, especially patents, marks, copy rights, business secrets, personal rights or property rights;

5.5.4 to save, publish and/or transmit computer viruses, malware, information, data or other programs that are intended to jeopardise, interrupt or destroy the functionality of any computer software or hardware and/or network components.

5.5.5 to save, publish and/or transmit content you are not allowed to disseminate;

5.5.6 to impersonate a representative of Gamemodeller.com or to forge a relationship to such persons if this is not true;

5.5.7 to change parts of the corporate design of Gamemodller.com in order to fake the origin of transmitted content when using our service;

5.5.8 to save/publish/transmit unwanted advertisement, promotion material, junk or mass emails or other unwanted advertisement;

5.5.9 to violate national or international rights including stock exchange regulations while using our service;

5.5.10 to harass, offend, threaten, embarrass natural or juristic persons or to spread rumours about them or discommode them;

5.5.11 to collect/save/transmit personal or sensible information of other users without their explicit permission.

5.6 MOGI business creation company GmbH reserves the right to take appropriate legal steps against persons who violate these terms and conditions including the right to remove user content from our service and delete user accounts.

5.7 The users of Gamemodeller.com are solely responsible for interaction with other users of our service. In case of disagreement or dispute between users we reserve the right to mediate without obligation.

6. Content

6.1 MOGI business creation company GmbH allows you to use the service of Gamemodeller.com in accordance with these terms and conditions and legal regulations for the purpose of saving, publishing, transmitting and sharing of content with other users. We do not monitor your content, we do not claim (co-)authorship of your content and we do not modify it.

6.2 By using Gamemodeller.com you commission us to save and publish your content in the context of our service according to these terms and conditions.

6.3 You acknowledge that advertising is part of our business and you do agree that advertisements can be placed above or below your content. You allow us to use content published by you on Gamemodeller.com without limitation. In addition, you acknowledge that the technical provision of our service (including the content provided by you) may require the transmission over different networks and/or the change of our technical infrastructure.

6.4 You warrant that you own all necessary rights to the content/material supplied for saving, publishing and/or transmitting in the context of our service and that it does not violate any rights of third parties, any legal regulations and these terms and conditions. If you are not the author of the content/material saved, published and/or transmitted by using your account you assure us to have acquired all necessary copyright permissions for it. In case of violating these warranties you agree to indemnify and hold us fully harmless from any claims made against us by third parties.

6.5 By using our service you agree that the content published by you on Gamemodeller.com does not infringe any legal regulations or copyrights of third parties, existing contracts or other rights of natural or juristic persons. In addition, you agree to pay any arising license fees, charges or other fees charged by natural or juristic persons in this context.

6.6 We reserve the right to refuse content without explanation, prevent it from being published or delete it. This is applied in cases where content is deemed to infringe the terms and conditions of this contract, to be unlawful, immoral or to threaten the rights and security of natural or juristic persons.

7. Procedure in case of alleged rights infringements

7.1 We respect the intellectual property rights of natural and juristic persons and ask our users to do the same.

7.2 If you think that there has been a copyright infringement by the content of another user who use our service to save, publish and/or to transmit their content we ask you to inform us by providing the following information:

7.2.1 please describe the work which is under copyright that has been infringed in your opinion;

7.2.2 please specify the location of the infringed work (if possible with screenshots and links);

7.2.3 please provide contact information: your fist and last name, your postal address, your phone number and your e-mail address;

7.2.4 please provide a declaration that the usage of the work is not allowed by the copyright owner or by their authorized representatives to the best of your knowledge and belief;

7.2.5 please declare under oath that your statements are truthful and that you own the respective copyrights or that you act on behalf the copyright proprietor.

7.3 In case of copyright infringements please contact the person responsible at MOGI business creation company GmbH: Robert Hortschitz, MOGI business creation company GmbH, 19, Guntrams, 2625 Schwarzau am Steinfelde, Austria, e-mail: robert@mogi.at

7.4 Please inform us of any infringements of these terms and conditions by illegal content. If you think that content of other users of Gamemodeller.com violates copyrights or other legal regulations please contact the person responsible by using the following e-mail address: robert@mogi.at

8. Privacy policy

8.1 Data security and the protection of your privacy are at the first priority for MOGI business creation GmbH. Personal data (name, postal address etc.) are used for internal purposes and for optimizing our services only. Your data can only be accessed by authorized persons. User credentials or other sensitive data are only sent to their authorized owners whose identity can be reasonably confirmed and in no way they are passed to third parties by MOGI business creation GmbH without your explicit permission. You are entitled to ask for a copy of your personal information at Gamemodeller.com at any time by emailing us. Please be advised that we are not responsible for privacy practices of any linked websites. For further information please read the respective data privacy statements of these sites. Your data is processed in compliance with the Austrian Data Protection Act and the Austrian Telecommunications Act. Both acts can be reviewed on the website of the Rundfunk & Telekom Regulierungs-GmbH (http://www.rtr.at/en).

8.2 We may disclose your content or personal information in order to comply with any legal obligation or to protect us in case of illegal activities that threaten our safety or the operation of Gamemodeller.com.

9. Disclaimers and limitation of liability

9.1 We provide our services on an “AS IS” and “AS AVAILABLE” basis in a way we deem appropriate and we reserve the right to interrupt our service at any time without explanation. Your use of our service is entirely at your own risk. This especially applies to the download and usage of content of other users that we provide within the service of Gamemodeller.com. Please be advised that you are solely responsible for any resulting damages to computer software or hardware or other technical components and for damage caused to third parties.

9.2 MOGI business creation company GmbH assumes no warranty that the provided service will meet your specific requirements, that it will be uninterrupted and error free at any time and that it will be accurate and reliable. In addition, we shall not be liable for achievable results on Gamemodeller.com.

9.3 The service of Gamemodeller.com and especially content created by users of Gamemodeller.com in this context may contain links to other websites or services that are controlled and maintained by others. You agree that we are not liable for the content, advertisements, applications, products and services that may be provided by third parties.

10. Liability

10.1 Any claims against MOGI business creation company GmbH, on whatever legal reasons, are excluded. The forgoing limitation of liability does not apply to wilful misconduct or gross negligence of MOGI business creation company GmbH, its legal representatives or agents or in the event of damage to life, body and health.

10.2 If MOGI business creation company GmbH cannot be held liable this also applies to associated companies and employees, representatives, partners and agents of both MOGI business creation company GmbH and associated companies.

11. Indemnity

You agree to indemnify and hold MOGI business creation company GmbH and its legal representatives, employees and agents harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against us by any third party (including governmental organisations) arising out of your use of our service and/or any content saved, published and/or transmitted through our service, including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of your breach of these Terms and Conditions.

12. Trade mark rights

You accept that all trademark rights on Gamemodeller.com (e.g. brand name, logo etc.) are exclusively owned by MOGI business creation company GmbH and are not allowed to be used by Gamemodeller.com users or any third party without explicit permission by MOGI business creation company GmbH.

13. Place of jurisdiction

Place of jurisdiction for all disputes with fully-qualified merchants, corporate bodies under public law or special funds under public law will be Wiener Neustadt (Austria). In this case we are also authorized to bring action at the customer’s legal domicile.