§ 1 – Scope and Provider
These Terms of Service apply to the use of the games offered by SHERONYX, the websites sheronyx.com and sheronyx.de, and the related services, insofar as reference is made to these Terms of Service.
The provider is:
Pascal Scherrer und Marcel Scherrer GbR
Schulstraße 17
76437 Rastatt
Germany
Hereinafter, the provider is referred to as “SHERONYX”.
These Terms of Service generally apply to all current and future games by SHERONYX, unless supplementary terms are provided for individual games or features.
For obtaining and using the games via the Apple App Store or Google Play Store, the respective terms of use and terms and conditions of the distribution platform may apply in addition.
§ 2 – Use of the Games
Within the scope of the applicable statutory and contractual provisions, SHERONYX grants users a simple, non-exclusive and non-transferable right to use the respective games as intended.
Use is only permitted within the scope of the features provided and in compliance with these Terms of Service, insofar as they have effectively become part of the respective usage relationship.
Using the games may require certain technical prerequisites, in particular a compatible device, a supported operating system version or an internet connection.
Users are generally responsible for meeting the technical requirements for using the games themselves.
Statutory rights of use remain unaffected.
§ 3 – Age Requirements and Minors
The use of the games is governed by the applicable statutory provisions and the age ratings provided for the game in question.
Minors may only use the games insofar as this is permitted under the applicable statutory provisions.
Where the consent of the legal guardians is required for the use of a game or certain features, such consent must be obtained.
Special age requirements may apply to individual games, features or services.
§ 4 – User Accounts and Save Data
Individual games may allow or require the creation or linking of a user account.
Services of third-party providers, in particular Apple Game Center or Google Play Games, may be used for this purpose.
User accounts are generally personal and may not be sold, rented or transferred to third parties without the express permission of SHERONYX.
Creating or using user accounts under someone else’s identity and unauthorized access to other users’ accounts are prohibited.
Users are responsible for protecting their access data against unauthorized access and for informing SHERONYX of any security incidents they become aware of in connection with their SHERONYX accounts.
The storage and recovery of save data, virtual currencies and purchased content depend on the technical capabilities of the respective game.
Insofar as SHERONYX provides its own user accounts, users may request their deletion or the termination of the associated usage relationship in accordance with the statutory and contractual provisions. For accounts of third-party providers, their respective terms apply in addition.
Statutory rights of users remain unaffected.
§ 5 – Virtual Currencies and Digital Items
Individual games may offer virtual currencies, digital items, cosmetic content, unlockable game areas or other digital content.
Depending on the game, this content may be obtained free of charge, through in-game achievements or through in-app purchases.
The acquisition of virtual currencies or items only establishes the rights of use provided for in the respective game. No ownership or other rights to the underlying software or the protected game content are transferred.
Virtual currencies and items can only be used within the respective game and to the extent of the features provided there. They are not legal tender and do not establish any claim to payout or exchange for real money.
A transfer of virtual content between different SHERONYX games is not provided for.
Selling, exchanging or otherwise transferring virtual content outside of the expressly provided game features is prohibited.
Virtual currencies acquired for payment do not expire merely due to the passage of time. Special conditions may apply to benefits granted free of charge or for a limited time.
SHERONYX may adjust or change virtual content within the scope of the statutory provisions and the agreed product characteristics. Statutory consumer rights remain unaffected.
§ 6 – In-App Purchases and Payments
Individual games may offer paid digital content and features.
These may include, in particular, virtual currencies, consumables, additional game content, cosmetic customizations or the removal of certain forms of advertising.
In-app purchases are processed via the officially supported distribution platforms, in particular the Apple App Store and Google Play Store.
The essential characteristics and prices of paid content are displayed before the respective purchase is completed.
Payment processing is subject to the applicable statutory provisions and the relevant terms of the respective distribution platform.
The availability, usability and recoverability of purchased content depend on the agreed product characteristics and the technical features of the respective game.
Statutory claims in the case of defective or improperly provided digital products remain unaffected.
§ 7 – Right of Withdrawal and Refunds
Consumers are entitled to the statutory rights of withdrawal in accordance with the applicable statutory provisions.
For digital content that is not supplied on a tangible medium, the right of withdrawal may expire prematurely under the conditions provided for by law.
Refund requests can be submitted via the procedures provided for this purpose by the respective distribution platform, in particular the Apple App Store or Google Play Store.
Users may also contact SHERONYX with questions about in-app purchases, withdrawals and refunds.
Statutory consumer rights, in particular in the case of defective or improperly provided digital products, remain unaffected.
§ 8 – Advertising and Third-Party Offers
The games may contain advertising, in particular in the form of displayed advertisements or voluntarily watched advertising videos for which in-game rewards may be granted.
Advertising may be provided by external advertising service providers.
For voluntary advertising videos, in-game rewards may be granted in accordance with the conditions displayed in the respective game.
Advertisements may refer to external websites, applications or offers of third parties. The terms of the respective provider may apply to the products and services offered there.
SHERONYX is only responsible for third-party content and offers within the scope of the statutory provisions.
Information on the processing of personal data in connection with advertising can be found in the SHERONYX Privacy Policy.
§ 9 – Rules of Conduct and Prohibited Use
Users undertake to use the games lawfully and in accordance with their intended features and these Terms of Service.
In particular, the following actions are prohibited:
- The use of cheats, hacks, bots, unauthorized automation software or other unauthorized methods to manipulate gameplay, game results or technical protection measures.
- The unauthorized modification or manipulation of game files, game content or technical systems.
- Unauthorized access to user accounts, servers, networks or other technical facilities of SHERONYX or third parties.
- The deliberate disruption, overloading or impairment of the games or their technical infrastructure, as well as the distribution of malicious software.
- The abusive exploitation of technical errors or security vulnerabilities, in particular to obtain unjustified advantages.
- The harassment, threatening, deception or other unlawful impairment of other users or third parties.
- The infringement of copyrights, trademark rights, personality rights or other rights of third parties.
- The abusive use of support functions or other services of SHERONYX.
In the event of violations of these rules of conduct, SHERONYX may take appropriate measures in accordance with § 13 of these Terms of Service.
Legally permitted actions, in particular uses that are mandatorily permitted under copyright law, remain unaffected.
§ 10 – Intellectual Property
All rights to the games and their components, in particular to software, graphics, animations, music, sounds, characters, designs, names, logos, trademarks and other content, remain with SHERONYX or the respective rights holders.
Unless otherwise provided by law or expressly permitted, the games and their components may not be reproduced, distributed, sold or otherwise commercially exploited without the corresponding authorization.
Users may create, publish and monetize gameplay videos, screenshots and livestreams of the games, provided that no rights of third parties are infringed and the use does not create the impression of an official partnership with or endorsement by SHERONYX.
This permission does not include the independent distribution of the games or their components.
§ 11 – Changes and Updates
SHERONYX may further develop, update and change its games within the scope of the statutory provisions.
This may include, in particular, bug fixes, security updates, technical adjustments, balancing changes, new content and changes to existing features.
The use of individual games or features may require the installation of available updates or the use of a supported operating system version.
Changes that go beyond what is necessary to maintain conformity with the contract are made under the applicable statutory and contractual conditions.
Where required by law, users will be informed about changes and their associated rights.
Statutory consumer rights remain unaffected.
§ 12 – Availability and Discontinuation of Games
SHERONYX strives to ensure reliable operation of its games and the related services.
Uninterrupted availability at all times cannot be guaranteed, unless corresponding statutory or contractual obligations exist.
Temporary restrictions may arise in particular from maintenance work, technical faults, security measures, failures of external service providers or events beyond the reasonable control of SHERONYX. These may include, for example, natural disasters, major power or network outages and official measures.
SHERONYX may restrict or discontinue the operation of individual games, servers or features within the scope of the applicable statutory and contractual provisions.
Where required by law, affected users will be informed in good time about significant restrictions or the discontinuation of a game or service.
Existing claims of users, in particular in connection with paid digital content, remain unaffected.
§ 13 – Violations and Measures
In the event of violations of these Terms of Service or applicable law, SHERONYX may take appropriate measures, taking into account the circumstances of the individual case.
These include, in particular, warnings, the restriction of certain game features, the temporary or permanent suspension of user accounts and the restriction of access to individual games or services.
When selecting measures, SHERONYX takes into account in particular the nature, severity and frequency of the violation as well as the legitimate interests of the affected users.
In the case of serious violations, in particular security attacks, fraud or significant impairment of other users, immediate measures without prior warning may also be necessary.
Circumventing lawfully imposed suspensions or access restrictions is prohibited.
Where required by law, affected users will be informed of the measures and the reasons for them.
Statutory rights of users, in particular in connection with paid digital content, remain unaffected.
§ 14 – Events and Special Promotions
SHERONYX may hold limited-time events, competitions, reward promotions or other special offers within its games.
Supplementary terms of participation may apply to such promotions, which will be made available to users before or upon participation.
The respective terms of participation may contain, in particular, requirements for participation, durations, rewards and other promotion-related rules.
SHERONYX may adjust, postpone or end promotions for objective reasons within the scope of the statutory provisions. Claims of users that have already arisen remain unaffected.
§ 15 – Liability
SHERONYX is liable without limitation for damages based on intent or gross negligence, as well as for damages resulting from injury to life, body or health, insofar as these are based on an intentional or negligent breach of duty.
In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. Essential contractual obligations are those obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance users may regularly rely.
Otherwise, liability for damages caused by slight negligence is excluded, insofar as legally permissible.
The above limitations of liability also apply in favor of the legal representatives and vicarious agents of SHERONYX.
Mandatory statutory liability provisions, in particular under the German Product Liability Act (Produkthaftungsgesetz), as well as claims arising from expressly assumed guarantees remain unaffected.
§ 16 – Data Protection
SHERONYX processes personal data in connection with the provision and use of its games in compliance with the applicable data protection regulations.
Information on the type, scope, purposes and legal bases of data processing as well as on the rights of data subjects can be found in the currently applicable SHERONYX Privacy Policy.
Insofar as services of third-party providers are integrated within the games, their privacy information may apply in addition.
§ 17 – Changes to These Terms of Service
SHERONYX may change or update these Terms of Service for future contractual relationships.
Changes to existing contractual relationships are made exclusively within the scope of the applicable statutory provisions and the contractually agreed conditions.
Insofar as the consent of users is required for changes, it will be obtained in an appropriate manner.
Affected users will be informed about significant changes, insofar as this is required by law.
The current version of these Terms of Service is made available on the official SHERONYX website.
§ 18 – Applicable Law
These Terms of Service and the legal relationships based on them are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumers whose habitual residence is outside Germany, mandatory consumer protection provisions of their country of residence remain unaffected, insofar as these are decisive under the applicable statutory provisions.
§ 19 – Final Provisions
Should any provision of these Terms of Service be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. Invalid provisions shall be replaced by the applicable statutory provisions.
Supplementary terms for individual games, features or special promotions may apply, insofar as they have been effectively incorporated into the respective contractual relationship.
Notices in connection with these Terms of Service may be given via the communication channels provided within the games, via the official SHERONYX website or by email, provided that the form and manner of notice required by law are observed.
Questions about these Terms of Service can be sent to the following email address: info@sheronyx.com.