Neopoly GmbH

Terms and Conditions

Subject matter

Neopoly provides Users with an opportunity to play online games and use related services (e.g. profile pages, forums) on various internet platforms. The following Terms of Use apply when using Neopoly’s Services.

1. Persons affected by this agreement

These Terms of Use apply to all customers, visitors, users, and others who view the Neopoly Sites ("Users"), including Users who are also contributors of images, video, information, and other materials or services on the Neopoly Sites. The Neopoly Sites may contain links to third-party websites that are not owned or controlled by Neopoly. Neopoly has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Neopoly will not and cannot censor or edit the content of any third-party site. By using the Neopoly Sites you expressly relieve Neopoly from any and all liability arising from your use of any third-party website. Accordingly we encourage you to be aware when you leave the Neopoly Sites and to read the Terms of Use and Privacy Policy of each other website that you visit.

2. User rights and obligations

2. 1. You are authorised to put the games and services provided on the respective platform (also jointly referred to hereinafter as “Neopoly’s Services”) to personal use for a limited period in accordance with the respective terms stipulated. Neopoly hereby grants you permission to use the Neopoly Sites as set forth in this Terms of Use, provided that: (i) your use of the Neopoly Sites as permitted is solely for your personal, non-commercial use; (ii) you will not copy or distribute any part of the Neopoly Sites in any medium without Neopoly's prior written authorization; (iii) you will not alter or modify any part of the Neopoly Sites other than as may be reasonably necessary to use the Neopoly Sites for their intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. Neopoly‘s Services are put at the User’s disposal along with the available functions in each case; no right to have certain functions provided exists. Neopoly is entitled at any time to alter content or functions (e.g. by way of patches, updates or modifications).

2.2. In order to access some features of the Neopoly Sites you will have to create an account. You may never use another user’s account without permission. When creating your account you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account and you must keep your account password secure. You must notify Neopoly immediately of any breach of security or unauthorized use of your account. Although Neopoly will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Neopoly or others due to such unauthorized use.

2.3. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the Neopoly Sites in a manner that sends more request messages to the Neopoly servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Neopoly Sites, nor to use the communication systems provided by the Neopoly Sites for any commercial solicitation purposes.

2.4. Neopoly may permanently or temporarily terminate, suspend, or otherwise refuse to permit Users access to the Neopoly Sites without notice and liability, if, in Neopoly's sole determination, User violates any of the terms of use, including the following prohibited actions;

(i) use the Neopoly Sites for any illegal purpose or to submit, transmit or facilitate the distribution of information or content that is unlawful, harmful, abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, libelous, threatening, or in a reasonable person's view, objectionable;

(ii) submit, transmit, promote or distribute information or content that is illegal;

(iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Neopoly Sites;

(iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;

(v) upload invalid data, viruses, worms, or other software agents through the Neopoly Sites;

(vi) use any robot, spider, scraper or other automated access the Service for any purpose without our express written permission;

(vii) impersonate another person or otherwise misrepresent User's affiliation with a person or entity, conduct fraud, hide or attempt to hide User's identity;

(viii) submit, upload, post, email, transmit or otherwise make available any information or content that User does not have a right to make available under any law or under contractual or fiduciary relationships;

(ix) interfere with the proper working of the Neopoly Sites; or,

(x) bypass the measures we may use to prevent or restrict access to the Neopoly Sites.

Upon termination for any reason, User continues to be bound by this Agreement.

2.3. The User is only granted the right to use Neopoly’s Services personally. Neopoly retains all proprietary and other rights in Neopoly’s Services. The User is not entitled to extend its scope of usage, to assign its license, to grant sub-licenses and/or to alter, pass on or sell Neopoly’s Services or otherwise make them accessible to third parties.

2.4. The User is liable without restriction for its own conduct and its own account. This applies in particular to any contributions posted and any content used by the User (e.g. photos); if in doubt, the User is bound to verify beforehand that they do not violate statutory regulations, or breach public policy or infringe third-party rights (e.g. copyright, data protection rights) anywhere in the world. Neopoly is under no obligation to also check their accuracy or verify their legality. As a matter of principle, Neopoly does not adopt as its own any information posted by Users or third parties.

2.5. The User releases and discharges Neopoly from all and any claims that are asserted on Neopoly by third parties due to any breach of duty or infringement of rights that is committed by the User, unless the User is not responsible for such breach or infringement. Reasonable costs for defending and asserting rights must also be refunded.

3. Liability of service

3.1. No warranty of any specific availability is given for Neopoly’s Services. In particular, downtimes may be caused by technical problems beyond Neopoly’s control. Maintenance work may impair availability; insofar as is possible, it shall be carried out paying consideration to users. In addition, unannounced maintenance measures may be necessary, such as in the event of unpredictable failures (e.g. due to attacks, viruses). No warranty can be given that the software used by Neopoly is entirely devoid of errors. The User is not entitled to demand that Neopoly’s Services be provided or kept in a given condition.

4. Intellectual property rights

The content on the Neopoly Sites, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Neopoly, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Neopoly Sites is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

Neopoly reserves all rights not expressly granted in and to the Neopoly Sites and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Neopoly Sites for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Neopoly Sites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Neopoly Sites or the Content therein.

7. Warranty disclaimer

YOU AGREE THAT YOUR USE OF THE NEOPOLY SITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NEOPOLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE NEOPOLY SITES AND YOUR USE THEREOF. NEOPOLY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE NEOPOLY SITES,
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NEOPOLY SITES,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE NEOPOLY SITES BY ANY THIRD PARTY, AND/OR
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NEOPOLY SITES.

NEOPOLY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NEOPOLY SITES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEOPOLY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.