Legal

Last Update: June 11, 2024
Changes: Initial Setup

1. Scope

Bandaloop Games GmbH (hereinafter “Bandaloop”, “we”, “us” and “our”), Leonard-Bernstein-Straße 10, A-1220 Wien, registered at the Handelsgericht Wien/Donaustadt under FN 611293 k, represented by the Chief Executice Officer (hereinafter “CEO”) Gerhard Handler, is the operator of this website.

Bandaloop provides a versatile array of multimedia amusement and education through applications, websites, and engaging interactive activities like games. These are available on numerous platforms, including, but not exclusive to, Steam, Google Play Store, and the Apple App Store.

This Agreement, referred to as “Terms of Service,” governs our products’ access and the offered services, including Virtual Items. It is a legal contract between the user (“you”) and Bandaloop, and by accessing our Website or Services, you accept its terms. Mandatory consumer laws may limit or exclude this Agreement’s application in some jurisdictions. If you don’t agree or your jurisdiction is affected, you may not use our Services. Bandaloop reserves the right to modify the Agreement at any time. If you object, you may no longer use the Services. Continued use implies acceptance of the changes. We strive to communicate changes clearly and promptly.

    2. User Age and Responsibilities

    In this Agreement, “you” refers to the user or their supervisor if under 18 or the legal age in your country. Only those above the minimum age rating for a Service should use it. Minors need parents or guardians to review, explain, and agree to this Agreement. Parents or guardians are responsible for their child’s actions using the Services and any Virtual Items or Accounts associated with it. You’re responsible for everything you do while using our Services, including actions of people you let access them.

    You promise to protect and compensate Bandaloop from any problems that may arise because of: (1) your breaking of this agreement, (2) content from you that hurts others when we use it as agreed, and (3) things you do that are against the law. We’ll help in such cases, but you have to join us. However, you are not required to indemnify Bandaloop in respect of any liabilities, damages or losses arising out of or in connection with the negligent acts or omissions, fraud, or willful misconduct by us, our employees, contractors or agents, or to the extent you are not responsible for the breach. You are solely responsible for any third party costs you incur to use the Services, Virtual Items or your Account.

    3. Limited License

    3.1 All rights to our IP are reserved

    We and those we work with own and reserve the rights to everything in our Services, Virtual Items, and your Account (not including any physical things they’re on). This includes all: (1) content like texts, images, sounds, music, characters, stories, and game elements; (2) brand names, logos, and other identifiers; and (3) all other forms of protected information. (All of the foregoing collectively refered to as “Content”)

    3.2 Non-Commercial Use

    Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services, including Virtual Items and your Account, for your personal, non-commercial enjoyment. The Services, Virtual Items, or your Account, including the Content, but excluding any tangible medium the Services may be supplied on, are licensed, not sold. This license is personal to you only and does not give you any ownership rights in any of the Services, Virtual Items, or your Account (or in or to any of their features or Content).

    3.3 Limited License

    The limited access in this Agreement doesn’t allow you to: (1) sell, replicate, distribute, or loan the Services (including Content), Virtual Items, or Account; (2) break them apart, understand their inner workings, or change how they function; (3) create or build new things based on them; (4) use them to develop or train artificial intelligence tools; or (5) do any of this without extra written permission from us. If we end your Account or this Agreement, your right to use our Services ceases instantly.

    3.4 Restrictions

    This license describes certain legal rights. You may have other rights under the laws of your state or country. This license does not change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so.

    4. Purchasing

    Certain features of the Services and digital items might necessitate payment through a user or third-party-run platform, referred to as a “Digital Storefront”. The Digital Storefront acts as your contractual partner for these Services and items. Your purchase from a Digital Storefront is subject to the store’s terms and conditions, which are incorporated herein by reference. You are responsible for all charges related to your Digital Storefront purchases and must provide accurate and complete payment details. We may suspend or cancel the corresponding Services or Virtual Items if the Digital Storefront notifies us of unpaid amounts, after reasonable notification, or if refunds are sought in violation of their policies. The suspension or cancellation of Services or Virtual Items due to non-payment to the Digital Storefront could result in account access and content loss. Additionally, we bear no liability if your access to Services is terminated by a Digital Storefront due to your breach of their Storefront Terms.

    5. Custom and User Generated Content

    5.1. User Generated Content

    Under the term “UGC”, we encompass all forms of digital content or communications users generate, upload, or share through the Services. This can range from text, posts, and multimedia content like audio and video, to code, models, and other digital assets. It also includes any user-provided feedback or suggestions regarding the Services. It’s important to note that UGC does not include what we define as “Custom Content”. As the creator or distributor of “Your UGC”, you hold full responsibility for its compliance with this Agreement, specifically Section 6. You agree that Your UGC does not infringe upon these terms.

    5.2. Rights to UGC

    Under this agreement, you retain any legal rights you may have regarding Your UGC, such as copyright or intellectual property interest. In exchange for the rights granted to you within this agreement, you give us an irrevocable, worldwide, royalty-free, non-exclusive, and sublicensable license to use, reproduce, modify, adapt, create derivative works from, publish, distribute, transmit, publicly display, communicate to the public, publicly perform, and otherwise exploit Your UGC within the Services or related to the Services for commercial and non-commercial purposes, without compensation or notice. This includes the right to permit other users to utilize Your UGC in the operation of the Services. As the creator, uploader, or distributor of Your UGC, you assure us that you are the sole and unencumbered owner of the rights to Your UGC, and granting us these rights will not infringe upon or violate the rights of any third parties.

    5.3. Custom Content

    Some of our Services offer our tools, editing software, in-game functionality, or other features (“Our Tools”) that enable you to modify the Content and create custom content items, such as levels, maps, in-game assets, designs, apparel, characters, livery, courses, games, and more (“Custom Content”). Custom Content encompasses all content produced using Our Tools, including but not limited to in-game assets, maps, screenshots, videos, gameplay audio recordings, clips, and livestreams. You may only use Custom Content within our Services and under the terms we authorize. You are solely responsible for your Custom Content, and you represent that it complies with this Agreement, including Section 6’s terms.

    5.4. Rights to Custom Content

    Bandaloop retains full rights and ownership of all Custom Content under applicable law. If, under applicable law, your creation of Custom Content leads to you holding any intellectual property rights, you assign us all rights, title, and interest in and to the Custom Content upon creation, including global intellectual property rights for the entire duration of such rights (including all revivals, reversions, and extensions). If you still retain any rights after the assignment, you grant Bandaloop an irrevocable, worldwide, royalty-free, non-exclusive, and sublicensable right to use, reproduce, modify, adapt, create derivative works from, publish, distribute, transmit, publicly display, communicate to the public, publicly perform, and otherwise exploit the Custom Content within or via the Services, or for any related commercial or non-commercial purposes, without compensation or notice. This includes allowing other users to use the Custom Content in the operation of the Services.

    5.5. Content Moderation & Right to Remove

    We have no obligation to host, maintain, support, or distribute any of Your UGC or the Custom Content that you create. We have not necessarily reviewed and are not obligated to actively monitor any UGC or Custom Content that may be available via the Services. We do not confirm the security, quality, or originality of any UGC or Custom Content. UGC and Custom Content do not represent the views of Bandaloop or its management, employees, or any other person associated with us. You understand that we may modify, take-down, suppress, block, hide, remove, or delete any or all UGC or Custom Content, and report any illegal UGC or Custom Content and any related user information to the appropriate authorities. Consistent with our obligations under applicable law, if we take adverse action against Your UGC or the Custom Content you create from the Services, suspend or ban your Account, or otherwise restrict your access to some or all of the Services, Virtual Items or your Account as a result of Your UGC or the Custom Content you create, we will endeavor to notify you of the same.

    6. User Rules

    You agree to following rules:

    6.1 No Illegal Conduct or Unauthorized Commercial Exploitation

    (1) You are permitted to use the Services lawfully and in adherence with applicable laws. Any unlawful or non-compliant use is strictly prohibited.

    (2) You will utilize the Services for your own personal, non-commercial purposes only and must not exploit the Services commercially. This prohibits you from partaking in, facilitating, or promoting activities such as collecting, selling, or exchanging items from the Services (like Virtual Items) that are not expressly approved by Bandaloop. Additionally, it forbids creating, facilitating, or maintaining any unauthorized connection to the Services (such as a modified, emulated, or connecting server) and participating in any form of Virtual Items price exploitation.

    6.2 Respect Intellectual Property

    You confirm that you will not use the Services to create, upload, or distribute any materials that infringe on the copyright, trademark, or other intellectual property rights of third parties or breach the guidelines outlined in Section 5.

    6.3 Conduct yourself

    You are prohibited from utilizing improper or unauthorized methods to disrupt or impair the intended use of the Services by other users, gain an unfair advantage in gameplay, or access Virtual Items or other Content that you are not entitled to. This encompasses employing cheats, unauthorized modifications, hacks, glitches, technical exploits, and tactics such as phishing, scamming, or social engineering.

    You agree not to use the Services to create, upload, or distribute any materials which could be classified as:

    1. Invading privacy
    2. Misleading, false, or fraudulent conduct
    3. Spam
    4. Excessive violence, gore, or animal cruelty
    5. Encouraging or normalizing self-harm or eating disorders
    6. Abusive, bullying, or threatening behavior
    7. Sexually harassing content
    8. Sexual abuse of minors
    9. Hate speech or behavior
    10. Supporting violent extremism or terrorism
    11. Additional rules under the Community Standards of specific games, apps, products, or websites
    12. Any other illegal or unauthorized activity, or attempts to commit such violations.

    6.4 No Technical Exploits

    You are prohibited from engaging in the following practices:

    1. Disguising your location or place of residence for unauthorized purposes or to bypass restrictions.
    2. Accessing or copying the Services via remote servers, virtual PCs, or other systems, unless specifically authorized by Bandaloop.
    3. Using, promoting, or sharing any means designed to maliciously interact with the Services, such as bugs, exploits, hacks, scripts, or bots, without our consent.
    4. Reverse engineering, decompiling, or disassembling the Services without our explicit written permission.
    5. Distributing, uploading, or transmitting harmful software, scripts, or code to modify the Services unauthorizedly or transmit such information.

    By following these rules, you will ensure the integrity, security, and fairness of the Services.

    6.5 Supporting or Encouraging Violations

    You commit to not offering material support to another user in instances where they are in violation or attempting to breach the terms of this Agreement. This encompasses various forms of assistance, including financial backing, technical know-how, professional expertise, or any other type of aid, as well as consistently endorsing such user’s actions that infringe upon the Agreement.

    6.6 Applicability to Employees, Agents, and Contractors

    In accordance with Section 6, the guidelines for appropriate conduct and behavior are extended to cover all forms of communication and engagement with Bandaloop’s personnel, encompassing employees, agents, and contractors across various teams such as customer support, engineering, security, and community management.

    6.7 Consequences for Violations

    Should a breach of this Agreement occur, including potential violations of the User Rules in Section 6 (which may be amended periodically), Bandaloop reserves the right to take appropriate corrective measures, such as resetting specific in-game advancements associated with your account, restricting access to certain Services or Virtual Items, terminating access to certain or all Services and Virtual Items, prohibiting future access to the Services, or pursuing legal action to enforce this Agreement and defend our rights under applicable law. In the event of a significant threat to personal safety, adherence to unlawful activities, or other serious concerns, we may involve law enforcement or other government entities, sharing relevant personal data in accordance with our Privacy Policy. Bandaloop has the discretion to base adverse actions on information received from third parties, including other users, law enforcement, government agencies, or regulatory bodies. It should be noted that Bandaloop holds no liability for any Agreement violations by you or other users.

    6.8 Monitoring; User Tools and Automated Systems

    Bandaloop may elect to actively monitor Service usage for multiple purposes, including deterring cheating and hacking, ensuring compliance with this Agreement, enforcing the Agreement’s terms, and enhancing the Services. The Services may incorporate moderation and filtering systems, such as automated word filters and content or symbol-recognition software, to hinder the dissemination of content that breaches the Agreement. Users may also have access to tools enabling them to regulate their interactions with other users, including opting into or out of in-game text chat or voice communications, and muting or blocking other users. Reporting tools are available in-game or via dedicated support websites for users to report violations of the Code of Conduct for review. These features and tools might utilize algorithms, artificial intelligence, machine learning, or other automated systems to efficiently manage the Services for our users. Moderation and filtering systems may differ among Services, based on factors such as the Content, age rating, or intended audience of a particular Service. Further details about monitoring and data collection related to Services use are provided in the Privacy Policy, whereas information and reports are best asked and directed at support@bandaloop.at.

    7. Content Reporting & Take-Down Requests / DMCA

    7.1 Harmful or Illegal Content

    If you detect any User-Generated Content (UGC) or Custom Content on the Services that contravenes the User Rules in Section 6, including the Code of Conduct, you are encouraged to report it through the in-game reporting tools when available, or as Email to support@bandaloop.at. By submitting a report, you affirm that you possess a good faith belief that the content you flag is in breach of this Agreement, and that the information you provide in your notification is precise and comprehensive.

    7.2 Notice of Copyright or Trademark Infringement

    We respond to notices of copyright infringement that meet the requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). If you believe that any Content, UGC, Custom Content, or other aspect of the Services constitutes copyright infringement or misappropriation of your trademark, please submit a notice of alleged infringement to our designated agent with the following written information:

    (1) Your name, address, telephone number, and email address;
    (2) A detailed description of the copyrighted work that you claim has been infringed;
    (3) The URL or a detailed description of where the material that you claim is infringing is located;
    (4) Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law;
    (5) Your statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; and
    (6) A physical or electronic signature of owner of the copyright at issue or person authorized to act on their behalf.

    Mailing Address:
    Bandaloop Games GmbH
    Leonard-Bernstein-Straße 10
    A-1220 Wien, Austria
    Attention: DMCA Takedown Notice

    Email: office@bandaloop.at

    Please note that under the DMCA, you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.

    7.3 Repeat Infringer Policy

    Repeated violations of this Agreement, such as infringing on our intellectual property rights, the Code of Conduct, or the rights of third parties, may result in us taking corrective measures against you, which may include: suspending access to some or all of the Services or Virtual Items; prohibiting future access to the Services; or pursuing legal action to enforce this Agreement and protect our rights under applicable law.

    8. Updates and Features

    8.1 Updates and Modifications

    We reserve the right to provide patches, updates, or upgrades to the Services or Virtual Items that may be necessary for continued use of the Services, which may include automatic updates without prior notice. These updates are subject to this Agreement unless different terms are provided alongside the update. We are not obligated to offer any updates. We do not guarantee support for the specific version of the system, device, or platform you obtained or purchased any part of the Services from us, unless we have specifically made such a claim. We retain the discretion to modify, alter, or suspend any part of our Services or Virtual Items for valid reasons, which include, but are not limited to: enhancing our Services, Virtual Items, or your Account; game balancing adjustments, bug fixes, or exploit prevention; technical environment changes or adjustments due to changes in user numbers; suspected or actual intellectual property infringement resolution; changes in licenses from third parties or other third-party compliance requirements; termination of agreements with third parties; discontinuation of services or features provided by third parties that are part of or interconnected with our Services, Virtual Items, or your Account; cost adjustments based on open market conditions; safety-related enhancements for users or third parties; or other legal, regulatory, or security-based reasons.

    8.2 Availability

    The Services, Virtual Items, Content, or your Account may be available for a limited time or may differ based on region or device. If you relocate to a new region, while our portability obligations under applicable law are not affected, you may need to repurchase or re-acquire certain Services, Virtual Items, or Content that you previously acquired or paid for in your prior region, depending on your agreement with the applicable Digital Storefront. Additionally, changing regions may result in your inability to access certain Services, Content, or Virtual Items that were previously accessible in your prior region if these Services, Content, or Virtual Items are prohibited by the laws of the new region you are located in.

    8.3 Third Party Services

    Accessing or engaging with Third Party Services via the Services is at your own risk. When using the Services to access Third Party Services, you acknowledge that you are directly interacting with the respective third party entities. You are responsible for any interactions you have with these third parties. The usage terms associated with the Third Party Services will govern your use of them. We neither endorse nor license intellectual property rights for Third Party Services and are not liable for any Third Party Services or your experiences with them. If you have concerns related to Third Party Services, you should address them with the providers of those services.

    8.4 Internet-Based Services

    Access to the Services may necessitate a connection to the internet via a wireless or cellular network, and this may lead to the collection of certain standard information about the device, system, and software you use for connection. We handle such information in accordance with our Privacy Policy. It is your responsibility to maintain and ensure the reliability of your internet connection at your own expense, as well as to cover any fees associated with using the Services via a wireless or cellular network.

    8.5 Third Party Advertising

    Certain Services may contain advertisements or links to third party websites, content, goods, promotions, or services (“Third Party Advertising”). We are not responsible for and do not control the content of any Third Party Advertising. The presence of such advertisements in our Services does not indicate our endorsement or approval of the Third Party Advertising or the websites, content, goods, promotions, services, or business practices of the third party providers.

    9. Termination

    At any time, you may choose to stop using the Services, Virtual Items, or your Account by destroying or deleting any associated materials and/or deleting your Account. You can request that we delete your Account and personal information in accordance with our Privacy Policy. However, we have the right to terminate this Agreement and your access to the Services, Virtual Items, and/or Account at any time for any reason in our discretion. If possible, we will provide you with reasonable notice before such termination or cessation of Services. In the case of German users, both parties retain the right to terminate the contract for good cause. Good cause exists if, considering all circumstances and balancing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship.

    In certain instances, we may immediately suspend or terminate your access to any aspect of the Services, Virtual Items, Content, or your Account if you violate this Agreement, use the Services fraudulently or illegally, initiate legal action against us, or are legally obligated to do so. We will endeavor to provide you with notice in advance of such termination or suspension unless required by law or if it is not practical for us to do so. Upon termination or suspension, all licenses granted under this Agreement will immediately terminate.

    10. Photosensitive Seizure Warning

    It is essential to note that some individuals, including those with no prior history of epilepsy or photosensitivity, may experience seizures or other symptoms triggered by certain visual effects, such as flashing lights or specific light patterns, which can be present in video games. If you or a family member have a history of epilepsy or photosensitivity, it is recommended that you consult with a healthcare professional before playing our games.

    If you experience symptoms such as dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, involuntary movements, or convulsions while playing, you should immediately stop and seek advice from a physician before resuming play. Your health and safety are of the utmost importance.

    11. Miscellaneous

    11.1 General

    This Agreement, including any linked documents or policies, is the complete and exclusive understanding between you and us concerning your use of the Services, Virtual Items, and your Account. It replaces any previous written agreements on this subject. We have the right to assign this Agreement in whole or in part at any time. If the assignment results in a change in the contracting party, you may terminate the Agreement. You cannot assign your rights or transfer your obligations under this Agreement or transfer any rights to use the Services, Virtual Items, or your Account. If you are a German resident, this restriction does not apply to monetary claims against us arising from the Agreement.

    If a court of competent jurisdiction finds any part of this Agreement unenforceable, that provision will either be modified to make it enforceable or removed from the Agreement. The remaining provisions will remain binding. Sections that are intended to continue after the Agreement’s termination or cancellation will do so. Either party may disclose information related to this Agreement or the Services’ use as required by law, regulation, legal process, or governmental request.

    11.2 Export Laws

    You must adhere to all applicable domestic and international export laws and regulations governing the Services, Virtual Items, or your Account, which may be amended periodically and contain restrictions on destinations, users, and usage. You are not permitted to use, export, re-export, download, or otherwise transfer any part of these to a country subject to an Austrian embargo. You confirm and warrant that you are not situated in, under the control of, or a national or resident of an embargoed country, and you are not a Specifically Designated National or Blocked Person.

    12. Contact

    If you have any questions or concerns about the Services, Virtual Items, your Account, or this Agreement, please write to support@bandaloop.at.

    13. Governing Law, Disputes, and Liability: AU, CH, EEA, UK.

    13.1 Governing Law and Jurisdiction

    This Agreement shall be governed by, and construed under, the laws of your country of residence without regard to conflict of laws rules. The exclusive jurisdiction for all disputes will be the competent courts of your country of habitual residence.

    13.2 Limitations of Our Liability

    IN NO EVENT SHALL BANDALOOP BE LIABLE TO YOU FOR ANY INDIRECT LOSSES OR DAMAGES OR FOR ANY BREACH OF ITS OBLIGATIONS DUE TO A FORCE MAJEURE EVENT, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE ANY NON-EXCLUDABLE RIGHTS OR DAMAGES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR FRAUD, OR FOR DEATH OR ANY PERSONAL INJURY ARISING AS A RESULT OF OUR NEGLIGENCE.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” NEITHER BANDALOOP, ANY DIGITAL STOREFRONT, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES, PROMISES, OR GUARANTEES OF ANY KIND WHATSOEVER AS TO THE SOFTWARE, CONTENT, THIRD PARTY SERVICES, OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. NEITHER BANDALOOP NOR ANY DIGITAL STOREFRONT WARRANT THAT THE SERVICES OR THIRD PARTY SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES. TO THE FULLEST EXTENT PERMITTED BY YOUR LOCAL LAW, BANDALOOP AND EACH DIGITAL STOREFRONT DISCLAIM ANY IMPLIED WARRANTIES INCLUDING FOR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY.

    If any applicable law provides that there is a guarantee in relation to any good or service supplied by us in connection with this Agreement, and our liability for failing to comply with that guarantee cannot be excluded but may be limited, then our liability for such failure is limited to (at our election), in the case of a supply of goods, us replacing the goods or supplying equivalent goods, repairing the goods, or providing you with a full or partial refund, or in the case of a supply of services, us supplying the services again, providing you with a refund for the unused portion or compensation for its reduced value.