Terms & Conditions
Terms of Service of Pink Frog Games GmbH (“PNKFRG”)
1. Subject matter of the Agreement with PNKFRG
(1) PNKFRG is a software developer for mobile gaming applications (the “Apps”). You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Apps and our related website www.pnkfrg.com, services, applications, products and other content which are stated to be offered subject to these Terms (collectively, the “Service”). The Service is provided by PNKFRG.
(2) The Service is provided for private, non-commercial use. For the purposes of these Terms, “you” and “your” means you as the user of the Service.
(3) By accepting these Terms you enter into a legally binding contract with PNKFRG and you agree to comply with them. Any additional agreement referred to in these Terms or otherwise entered into by using our Service shall equally be binding and, in case of conflict, prevail upon these Terms.
2. Description of the Services
(1) You can use the Service and the App only via the PNKFRG mobile app (“App”) and via the PNKFRG Website (“Website”). Certain functions are available only in the App. Further, not all Services or features may be available in your country or region. Different features may be available in different versions of the Services. Access to and use of the Services is free of charge.
(2) The Service consists in an online game (“Game”) involving the creation and interaction with video clips. Game rules (“Game Rules”) and specifications are displayed within the App and Website.
(3) When playing the Game, based on your skills and ability in fulfilling the challenges and ascend to higher Game levels in accordance with the Game Rules, you may have the opportunity to collect PNKFRG credits (“Game Currency”) as displayed in the relevant schedule within the Game Rules.
3. Your Account with Us
(1) To access or use some of our Services, you must create an account with us by providing the following data: first and last name, e-mail address, username or nickname. The information provided when creating the account must be accurate and up-to-date. It is important that you regularly maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
(2) You commit to keep your access credentials strictly confidential and to refrain from disclosing it to any third party. Your account may not be shared, transferred, sold or otherwise made available to any other person. If you know or suspect that any third party may have gained knowledge of your access credentials or has accessed your account, you must notify us immediately at: email@example.com.
(3) You acknowledge and accept unlimited liability for any and all actions performed via your account.
4. Game Currency
(1) Game Currency earned while playing the Game according to the Game Rules shall be credited on your user account pursuant to the preceding section. Upon reaching the minimum amount stated in the Game Rules for cashout (“Minimum Cashout Amount”), you may ask us to cash out your Game Currency in bitcoin. After cashout your Game Currency balance in the account shall be set to zero. Partial cashouts are possible as long as the Minimum Cashout Amount is fulfilled.
(2) All bitcoin transactions shall be managed and performed by a third-party payment services provider. Cashout in any currency other than bitcoin is excluded. The conversion rate between Game Currency and bitcoin is established in the Game Rules and may change from time to time.
(3) Game Currency may be cashed out according to the procedure described above without time limitations. Game Currency shall be irrevocably forfeited in case of account deletion, for whatever reason.
(4) Game Currency are granted without return consideration as a voluntary and non-binding gratuity. You are solely responsible for the correct handling of any cashout amounts, including but not limited to their declaration and taxation as required under applicable law.
(5) We reserve the right to change, suspend, cancel or repeal the aforementioned Game Currency system at any time by giving you appropriate prior notice. In no case do you have a judicially enforceable right to claim Game Currency or cashouts, to demand the Game Currency system to be upheld or maintained unchanged or to claim damages resulting of or in connection with the Game Currency system.
5. Term and Termination
(1) Access to and use of our Service is open-ended. You acknowledge and accept that you have no legally enforceable right to access or use our Service for a predetermined period of time or term. You may stop using the Service and delete your account at any time and at no cost. We reserve the right to change, suspend, cancel or discontinue our Services at any time by giving you appropriate prior notice. In no case shall you have a judicially enforceable right to claim damages resulting of or in connection therewith.
(2) We further reserve the right to temporarily or permanently suspend or terminate your user account or impose limits on or restrict your access the Service with or without notice at any time for any or no reason including:
a) if we reasonably believe you violate, or we have objective grounds to reasonably believe you are about to violate, the Terms, including any incorporated agreements, policies or guidelines, any third-party rights or any applicable laws or regulations;
b) if activities occur on your account which, in our sole discretion, would or might cause damage to or impair us or our Services or infringe or violate any third-party rights (including intellectual property rights);
c) in response to requests by law enforcement or other government agencies under valid legal process;
d) due to unexpected technical or security issues or problems; or
e) if there are extended periods of inactivity in your account.
(3) If we permanently suspend or terminate your user account, we will notify you in advance in order to allow you time to access and save your information and content unless we have reason to believe that continued access to your account will cause damage to us or our Service, or violate requests by law enforcement or other government agencies, applicable laws or regulations or third party rights.
(4) Subject to any statutory rights you might have, if your account is temporarily or permanently suspended or terminated, access to your username, password, and any related information or content associated with your account may be suspended or terminated. As we do not guarantee the permanent availability of your content, you should make backups of any content you value.
(5) If you no longer want to use our Service, you can request the deletion of your account through the functionalities provided in the App. We will provide you with further assistance and guide you through the process of the deletion of your account. Please be aware that once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
6. Your use of the Services
(1) Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
a) access or use the Service if you are not an adult pursuant to the law of the place of your domicile, or if you are otherwise unable to agree to these Terms;
b) make copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Service, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the App or any derivative works thereof unless any such activities are expressly authorized by us in advance;
c) distribute, license, transfer, or sell, in whole or in part, any of the Service or any derivative works thereof;
d) market, rent or lease the Service for a fee or charge, or use the App to advertise or perform any commercial solicitation unless such activities are expressly authorized by us in advance;
e) use the Service, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
f) interfere with or attempt to interfere with the proper working of the Service, disrupt the App, our Website or any networks connected to the Service, or bypass any measures we may use to prevent or restrict access to the Service;
g) incorporate the Service or any portion thereof into any other program or product and, in such case, we reserve the right to refuse service, terminate accounts or limit access to the Service at our sole discretion;
h) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Service;
i) intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
j) use or attempt to use another’s account, service or system without authorization from PNKFRG, or create a false identity on the Service;
k) use the Service to either intentionally, recklessly or negligently upload, transmit, distribute, store or otherwise make available:
- any material which does or may infringe applicable laws or which infringes someone else’s rights;
- any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, or any other prohibited form of solicitation;
- any material which does or may infringe any copyright, trade mark or other intellectual property of any other person;
- any material which infringes privacy or personality rights of any other person or deceased person;
- any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
- any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
- any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
- any material that contains a threat of any kind, including threats of physical violence;
- any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
- any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
- any material that, in the sole judgment of PNKFRG, is objectionable or which restricts or inhibits any other person from using the Service, or which may expose PNKFRG, the Services or its users to any harm or liability of any type.
(2) We reserve the right, at any time and without prior notice, to permanently or temporarily remove or suspend access to content if in our sole opinion the content violates or potentially violates these Terms, third party rights (including intellectual property rights), applicable laws or regulations or is otherwise harmful to the Service, our users or third parties.
(3) You acknowledge and accept that in order to access the Service, you must employ legal, commonly used and up-to-date device(s) and and/or software (including operating systems) that are consistent with current market-standards.
(4) You acknowledge and accept that the ability to use the Services may be limited in time and space, as displayed on our Website and/or App or otherwise communicated to you.
(1) As between you and PNKFRG, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and the App, and all intellectual property rights related thereto (the “PNKFRG Content”), are either owned or licensed by PNKFRG, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use by you of the PNKFRG Content or other materials available as part of the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content and materials may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior express written consent. PNKFRG and his licensors reserves absolutely and unconditionally all rights arising out of or in connection with the Services and the PNKFRG Content not expressly granted in and to such content and materials.
a) Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the APP on a permitted device, and to access the PNKFRG Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. PNKFRG reserves absolutely and unconditionally all rights not expressly granted herein in the Services and the PNKFRG Content. You acknowledge and agree that upon any termination of your account or these Terms, this license granted to you in respect of the Services will automatically terminate.
Without prejudice to the aforegoing, nothing in these Terms or in any other agreement with you shall be interpreted or construed as to transfer any intellectual property right to you.
b) We make no representations, warranties or guarantees, whether express or implied, that any PNKFRG Content (including User Content) is accurate, complete or up to date. Where the Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no visibility or control over the contents on or available through those sites or resources and you acknowledge and agree that we have no liability for any such content. Such links should not be interpreted as approval by us of those linked websites or information you may obtain on or through them.
(2) Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein (including videos that incorporate locally stored sound recordings from your personal music library) uploaded to, or otherwise made available through, the Services (“User Content”). You acknowledge and agree that users of the Services may also extract all or any portion of User Content uploaded or otherwise made available by you through the Services so as to produce additional User Content, including collaborative User Content with other users that combine and intersperse with User Content generated by you and other users.
a) Any User Content will be considered non-confidential. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary to any other person. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions (including any necessary licenses), clearances from, or are authorized by, the owner of any part of the content to submit such User Content to the Services, to transmit it from the Services to other third party platforms, and/or to otherwise make any use of such User Content on or through the Services.
b) Except as expressly provided otherwise in these Terms, you or the owner of your User Content still own the copyright and any other intellectual property rights in User Content sent to us, but by submitting User Content via the Services, you hereby grant (i) to us and our affiliates, agents, services providers, partners and other connected third parties an unconditional irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize others users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented; (ii) to other users of the Services an unconditional irrevocable, non-exclusive, royalty-free, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, download, publish and/or transmit, and/or distribute some or all of your User Content in any format and on any platform, either now known or hereinafter invented for the purpose of generating other User Content or viewing your User Content for entertainment or other private, non-commercial purposes.
c) You further grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content.
(3) By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive (to the extent permitted by applicable law) any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. You hereby waive (to the extent permitted by applicable law) and agree never to assert any and all moral rights you may have in or with respect of any of the User Content you upload or otherwise make available through the Services, or to support, maintain or permit any action based on any such moral rights.
(4) You acknowledge and agree that in certain circumstances, we also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
(5) We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make, if, in our opinion, your post does not comply with the content standards set out at Section 6 (Your Use of Our Services) above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider violating these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
(6) You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To change the default access setting for how your User Content is made available to other users, you should access the privacy setting available within the Services and follow the simple and clearly delineated steps set out therein.
(7) We accept no liability in respect of any content or information submitted by users of the Services and published by us, or on our behalf, on any of the Services or elsewhere by third parties.
You agree to defend, indemnify, and hold harmless PNKFRG, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and all claims, liabilities, costs, damages, losses and expenses (including, but not limited to, attorneys’ fees and expenses) arising out of or in connection with any breach or alleged breach by you (or any user of your account for any of the Services) of these Terms, including but not limited to a breach or alleged breach of your obligations, representation and warranties.
9. Exclusion of Warranties
(1) Nothing in these terms shall affect any statutory rights that you (i) cannot contractually agree to alter or waive and (ii) are legally always entitled to as a consumer. The services are provided “as is” and we make no warranty or representation to you with respect to them we do not represent or warrant to you that:
a) your use of the services will meet your requirements.
b) your use of the services will be uninterrupted, timely, secure or free from error.
c) any information obtained by you because of your use of the services will be accurate or reliable or free from error; and
d) defects in the operation or functionality of any software provided to you as part of the services will be corrected.
(2) To the extent allowed under applicable law, no conditions, representations, warranties, statements or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the services except to the extent that they are expressly set out in the terms. We may change, suspend, withdraw or restrict the availability of all or any part of our Services for business and operational reasons at any time without notice.
(3) We strive to offer the Service without significant interruptions and to improve the Service continuously. However, it may occur that the service is completely or partially unavailable for certain periods of time for reasons of planned or unplanned downtime, for maintenance or in case of technical difficulties.
10. Limitation of liability
(1) Nothing in these terms shall exclude or limit liability for losses which may not be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by negligence or the negligence of employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
(2) Subject to the paragraph above, we shall not be liable to you under any statute or otherwise under or in connection with these terms or the provision or receipt of the services for (i) any loss of profit (ii) any loss of goodwill; (iii) any loss of opportunity (iv) any loss of data (v) any loss of business (vi) any business interruption (vii) any loss of business reputation or (viii) any indirect or consequential losses of whatever nature.
(3) You acknowledge and agree that subject to the first paragraph of this section 12, we shall not be liable under any statute or otherwise for any liability, loss expense (including legal fees), cost claim or damages which may be incurred by you or any other person arising out of or in connection with any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services; any changes which we may make to the services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services; your failure to keep your password or account details secure and confidential.
(4) Please note that we only provide our Services for domestic and private use. You agree not to use our Services for any commercial or business purposes unless we have granted express written consent.
11. Changes to the Terms and Services
(1) We are constantly innovating, changing and improving the Services. We may also amend these Terms from time to time, for instance when we update the functionality of the Services, or when there are regulatory changes that impact these Terms or the Services.
(2) Should we intend to change these Terms, we will inform you with adequate prior notice, indicating the effective date on which such changes will enter into force. Should you fail to react to our notification, the new changed Terms shall be deemed to have been accepted as of the effective date. If you do not agree to the new Terms, you must stop accessing or using the Services and close your account (if applicable). If you object to the planned changes, we reserve the right to terminate your account and prevent you from accessing the Service.
(3) We may unilaterally change or amend the Terms at any time if necessary due to legal reasons, such as changes in applicable law or jurisprudence, or if such changes solely have positive effects for you.
12. Governing Law and Jurisdiction, Closing Provisions
(1) These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with their subject matter, are governed by the laws of Germany subject only to any applicable mandatory law in the country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation, or statute in effect in any other jurisdiction shall not apply. In case of any disputes with us, in addition to the regular recourse to courts of law you may use the EU Commission’s Online Dispute Resolution (ODR) Platform available on https://ec.europa.eu/consumers/odr/main.
(2) These Terms (including any additional agreement incorporated by reference) constitute the whole legal agreement between you and PNKFRG and replace any prior applicable Terms and Conditions that governed the service prior to the Last Updated date specified above.
(3) Our failure to insist upon or enforce any provision of these Terms (or to exercise any other right or remedy under these Terms) shall not be construed as a waiver of any provision or right under these Terms nor shall it prevent or restrict the further exercise of that or any other right or remedy.
(4) You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software.
(5) If individual provisions of these Terms or any agreement connected thereto are or become invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. In such case, the Parties undertake to replace the invalid or unenforceable provision by a valid and enforceable provision coming as close as possible to the economic purpose and intent of the invalid or unenforceable provision. The same shall apply in case of any unintentional loopholes.