Terms and Conditions for BitMeUp UG (haftungsbeschränkt) (hereinafter
1 Scope of application
These General Terms and Conditions apply to the games and other services
(“Services”) provided by BitMeUp on its Internet portal www.bitmeup.com,
Internet sites and in its app stores (“Websites”). These Services include
downloading, installing and participating in games, creating a customer
account, creating a profile page, participating in blogs and forums,
uploading media including photographs, text and games and purchasing
virtual items and other Services. The players of BitMeUp games and the
users of the Services and Websites are hereinafter referred to as the
“User”. In the following general terms and conditions (“Terms and
Conditions”), any references to “Games” or “Services” shall relate to the
Games and/or Services provided by BitMeUp. The business relationship
between BitMeUp and the User shall be based exclusively upon these Terms
and Conditions, the Data Protection Policy and the Imprint, both of which
constitute an integral part of the Terms and Conditions.
The contractual partner is BitMeUp UG (haftungsbeschränkt). The User’s
Terms and Conditions are not considered part of the contract unless
BitMeUp approves such Terms and Conditions in writing.
These Terms and Conditions expressly exclude issues arising from the use
of the Website and Games with third-party hardware (e.g. PC, Apple,
mobiles, tablets, etc.) or software (e.g. Google Play, iTunes,
Windows Store) or the User’s Internet connection to access the Services,
as these services are not supplied by BitMeUp.
1.1.1 BitMeUp offers its Games and Services to Users exclusively under
the terms of § 13 of the German Civil Code (BGB). The use of BitMeUp Games
and Services for purposes other than private entertainment, in particular
pecuniary or any other commercial purposes, is hereby prohibited.
1.1.2 Only individuals who have reached the age of 18 are entitled to use
the full scope of the Games and Services provided by BitMeUp. Users under
a certain age who have the express consent of their legal guardian may
nonetheless be prohibited from participating in specific Games owing to
the age restrictions applied to such.
1.1.3 By registering to use and/or install the Games or Services, Users
expressly warrant and declare that (i) they have reached the age of
majority and are legally competent and/or (ii) if a minor, they have
obtained the express consent of their legal guardian(s).
Furthermore, continued use of the Games and/or Services by minors
attaining the age of majority shall signify approval of all the
declarations of intent previously made in connection with the User
contract unless BitMeUp is notified in writing of such approval being
withdrawn within two (2) weeks of the date the minor reaches the age of
Subject matter of the Contract, use of and changes to the Games and
1.2.1 BitMeUp offers its Users the use of the Games and Services provided
by BitMeUp subject to the existing technical and commercial capabilities.
1.2.2 Participation in the Games is for entertainment purposes only.
1.2.3 BitMeUp provides certain information on the Websites and enables
its Users to upload information to the Internet and create personal
profiles, etc., which can be viewed by other Users of BitMeUp Games and
Services and by third parties. Furthermore, the User can also communicate
with third parties via the Websites, upload and share photos, videos,
games, music and other media content, post blogs and comments including
rating games, other Users, third parties and transactions.
1.2.4 The Games are Services provided by BitMeUp for the term of the
contract comprising the provision of Game software for use in its
respective form on the BitMeUp platforms or software of third parties. The
use of BitMeUp Games and Services online is made possible through the
provision of the relevant applications on the respective URLs by BitMeUp
or third parties authorised by BitMeUp. The (licence) acquisition of Game
software and/or individual elements is excluded unless stipulated
otherwise by a specific provision. BitMeUp also reserves the right to
provide or sell its Games on other digital media that may have a range of
features that differ from the online versions of such Games. The sale of
such Games is not subject to these Terms and Conditions.
1.2.5 The participation in many Games and the use of specific Services is
expressly limited to individuals who have created a customer account
(hereinafter “Account”) at the time of registration. An Account created
with BitMeUp within the scope of the Services enables the User to access
any of the Games subject to the conditions stipulated in section 1.1
above. Once an Account has been created, Users may sign into the relevant
Website and access any Game or Service.
1.2.6 Users are authorised to create multiple accounts, but certain games
operated by BitMeUp permit Users to play with one Account only
(“prohibition of multiple Accounts”), and detailed information on this is
provided in the Game rules. BitMeUp strongly recommends that all Users
with multiple Accounts read the rules for the relevant Game, as a breach
of the prohibition of multiple Accounts may result in an immediate
suspension of the User.
Furthermore, even in Games that enable Users to have multiple Accounts,
communication and any kind of interaction whatsoever between the Accounts
of the same User is prohibited (ban on “pushing”). In particular, an
Account may not be used to create advantages for another Account held by
the same User to, for example, transfer Game items or currency from one
Account to another Account of that User, and one Account cannot compete
against another Account held by the same User.
1.2.7 The prohibition on pushing applies to the Accounts of different
Users. An Account cannot be used to dishonestly gain advantages through
the Account of another User through the transfer of Game items or
currency, or by deliberately losing a battle (“boosting”).
1.2.8 The use of programs that place an excessive load on the Services
are strictly forbidden, and this applies to the use of any software that
would influence normal gameplay, in particular programs that
systematically or automatically control games or individual game functions
(bots, macros, etc.). Any reproduction, analysis or modification of the
Games, Game components or content provided within the scope of the
Services is also prohibited.
1.2.9 The use of programming bugs and/or errors to achieve personal gain
is strictly prohibited. Any identified bugs or errors should be reported
immediately via the Support contact form.
1.2.10 The use of the Games and Services using anonymiser services
(e.g. proxies) or other processes that conceal the location of the
residence or the usual place of residence of the User is prohibited.
1.2.11 The User has no automatic right to open an Account or to publish
any content whatsoever within the scope of the Services.
1.2.12 All the latest technical and other Game and participation
requirements for the Services provided are contained on the respective
1.2.13 All the Games and Services are regularly updated, adapted,
expanded and modified. The User’s right to play the game is limited to the
current version of the Game and the Services respectively.
1.2.14 The use of the Games in their respective basic version is free of
charge, and certain features are only available to Users for a fee (see
section 7 below). Use of the Services is free unless otherwise agreed in
the description of the respective Services.
1.2.15 The User has no right to maintain the Games and/or Services in the
version existing at the time of the conclusion of the contract. BitMeUp
reserves the right to cease operation of individual BitMeUp Games and/or
Services at any time without providing the grounds for such. In such event
Users may, at their own discretion, request that any fees paid in advance
within the scope of continuing obligations that have a time limit (premium
memberships, subscriptions, etc.) be credited to other Games and/or
Services, or that BitMeUp refund any fees paid in advance. This right does
not apply to fees for Services that have been fully rendered within the
scope of individual obligations (e.g. individual orders). The User’s
right to terminate the contract with immediate effect in the event of
Games and/or Services that are unusable remains unaffected. Any further
claims made by the User are excluded unless otherwise expressly stipulated
in these Terms and Conditions.
2 Offer and conclusion of the
2.1 By completing the registration form or downloading and installing a
Game, the User enters into a binding contract (hereinafter referred to as
the “User Application”). All the fields marked “mandatory” on the
registration form must be completed fully and correctly.
2.2 The contract between BitMeUp and the User is considered valid when
BitMeUp approves the User Application. Confirmation of the User
Application may be explicitly communicated by BitMeUp through the first
contractual performance by BitMeUp or by the provision of the Game or
2.3 Insofar as it is necessary to create an Account to use Games or
Services, BitMeUp will promptly send a confirmation email acknowledging
receipt of the User Application to the email address provided by the User.
This acknowledgment of receipt does not represent a binding acceptance of
the User Application. The confirmation may also be contained in the
declaration of acceptance.
3 Right of
withdrawal and sample cancellation form
Right of withdrawal:
Users may withdraw their contractual agreement to use BitMeUp Games and
Services and to order Premium Features within a period of fourteen (14)
days following the conclusion of such, without providing a reason for the
The cancellation period is fixed at 14 days from the date of the
conclusion of the contract.
To exercise the right of withdrawal, Users must notify BitMeUp (BitMeUp
UG (haftungsbeschränkt), Fritz-Flinte-Ring 86, 222309 Hamburg, Germany,
email: firstname.lastname@example.org) with a clear statement (e.g. with a letter
sent via surfacemail, fax or email) of their decision to terminate the
contract for the use of the Games and Services or to order Premium
Features. The User may use the sample cancellation form provided below,
but this is not mandatory. The withdrawal deadline shall be considered as
fulfilled if the User sends the email regarding the right of withdrawal
within the deadline set for such. For rapid processing, please specify the
name of the Game and any Premium Features or Services, including the
User’s name and User ID in the email subject line.
Consequences of withdrawal:
Should the User decide to cancel the contract, all payments made by the
User to BitMeUp, including any associated delivery/shipping costs
(excluding any additional costs incurred by the User by selecting another
type of delivery other than the cheapest standard shipping offered by
BitMeUp), shall be refunded immediately by BitMeUp, and no later than 14
days after receipt by BitMeUp of the withdrawal notification from the
User. BitMeUp shall use the same method of payment to refund the User as
that selected for the original transaction unless explicitly agreed
otherwise with the User; under no circumstances shall the User be charged
fees for such refund.
Withdrawal will not be permitted if digital content is supplied that is
not held on a tangible medium if the execution has already commenced with
the User’s express prior consent and the acknowledgment that they thereby
lose their right of withdrawal.
End of the right of withdrawal
Sample cancellation form
(If you wish to cancel the contract, please complete this form and return
it to us.)
To: BitMeUp UG, Fritz-Flinte-Ring 86, 22309 Hamburg, Germany; email:
I/We(*) hereby declare that I/We(*) withdraw from my/our* contract
for the purchase of the following products*/the provision of the
following Service (*)
Ordered on (*)/received on (*)
Name of the user(s)
Address of the user(s)
Signature of the user(s) (for notification on paper only)
(*) Delete as applicable.
BitMeUp guarantees that its Games and Services will be available on
average 90% (ninety per cent) of the time throughout the year. This
excludes periods during which BitMeUp Website servers, individual Games
and/or Services are not available on the Internet due to technical or
other problems that are beyond the control of BitMeUp (force majeure,
liability of a third party, etc.), and periods when routine maintenance
work is carried out. The liability of BitMeUp regarding the unavailability
of the Games and/or Services through malicious intent and gross negligence
remains unaffected. BitMeUp may restrict access to its Games and Services
where necessary for reasons of network security and for the preservation
of network integrity, in particular with regard to the prevention of
serious failures or disruptions to the network, software or stored data.
Access to and acknowledgment of these Terms and Conditions, changes and
further notifications, contact by the User
5.1 The User accepts these Terms and Conditions as binding when
submitting their User Application and using BitMeUp Games and/or Services.
These Terms and Conditions apply to every login within the scope of the
Services and to participation in the Games and/or other use of the
5.2 BitMeUp reserves the right to change or amend these Terms and
Conditions with regard to future arrangements at any time provided this is
deemed necessary and if the User is thereby not disadvantaged in a breach
of good faith.
5.3 The User will be notified of the changes made to the Terms and
Conditions either on the Websites or by email. Changes to the Terms and
Conditions will always be clearly indicated to the User the next time they
log in. The amended Terms and Conditions shall be effective immediately
provided the User has agreed to such. Furthermore, the conditions as
stipulated in section 5.1 shall apply.
5.4 Should the User not agree to the amendments to the Terms and
Conditions, both parties may terminate this contract with a notice period
of one month, unless a mutual right of termination exists pursuant to
section 8.2.1. The original Terms and Conditions will remain in effect
until the termination comes into effect. Payments made for Games and/or
Services prior to the termination date relating to a time-limited
continuing obligation will be reimbursed to the User on a pro rata basis.
Any additional claims by the User shall be excluded.
5.5 When notifying Users of the changes, BitMeUp will inform Users of
their right to the non-acceptance of such and their right to termination.
5.6 Unless otherwise stipulated in these Terms and Conditions or in other
agreements with the User, BitMeUp will generally communicate with the User
by email. Users will ensure that they are able to receive all the emails
sent by BitMeUp to the address they submitted at the time of registration
and subsequently. They will also be responsible for the appropriate
settings of the spam filter and for regularly checking all incoming email
sent to this email address. For other correspondence, BitMeUp reserves the
right to use any form of communication it considers necessary.
5.7 When contacting BitMeUp, the User will state which Games and/or
Services and which Game or Service Account the correspondence relates to.
6 Game instructions and Game rules
6.1 The Game instructions and the Game rules of the relevant Games and
Services will be published on the Websites of the respective Games or
6.2 Users acknowledge that they play and communicate with numerous other
Users in the Game worlds and it is therefore imperative that the rules are
upheld by all Users to ensure an enjoyable gameplay experience. When
participating, the User accepts the rules and conditions for the
participation in the Games and Services as legally binding.
6.3 The User will also refrain from undertaking any activity which could
disrupt the normal operation of the Games and/or Services or disrupt the
successful gameplay interaction between Users.
7 Fees, payment conditions,
7.1 Basic version
BitMeUp provides Users access to the Games and Services essentially and
to the extent necessary, through the creation of a User Account and
otherwise after downloading and installing a Game or Service. In this
case, the User will initially only access a basic version of the Game. The
creation of an Account and the use of the basic version are free of
charge. The basic version of the Game can be used indefinitely and with no
restrictions in Game function (notwithstanding the right of BitMeUp to
terminate the Games). However, the basic version does not allow Users full
access to all the Game features.
7.2 Premium features
The User may acquire features for a fee which are not available in the
basic version (“Premium Features”) e.g. advanced game functions or
additional virtual Game products. No intangible and/or tangible assets are
transferred when acquiring Premium Features, and the assignment of such to
third parties is prohibited.
Premium Features may vary depending on the Game. Information regarding
the cost of the Premium Features offered, the functions included with such
and their requirements for use can be viewed on the Website of the
respective Game. Depending on the specific Premium Feature and cost,
one-time payments may be made to credit a Game with features or items
which may be used for certain purposes subject to the relevant Game rules,
or payments may be due periodically, i.e. on a daily, weekly,
monthly, quarterly, six-monthly or yearly basis. All the charges are gross
amounts and include the applicable taxes.
The Games are constantly evolving, and BitMeUp therefore reserves the
right to offer new Premium Features at any time. In the course of adapting
and developing the Games, BitMeUp also reserves the right to discontinue
individual Premium Features with effect for the future and/or to offer
them in the basic version (see section 7.1 above). In the latter case,
claims from Users for the reimbursement of fees already paid are excluded.
Section 1.2.15 shall apply in the event of a permanent discontinuation of
If the User is a minor, they shall expressly declare when ordering the
Premium Features that they have the means to pay for such Services or that
such means were freely available to them.
If payment is made through a mobile-based method of payment,
(e.g. Premium SMS, Premium Call, short codes, etc.), the order and
payment of the terminal with the mobile application shall be deemed
authorised and initiated by the owner on the User’s behalf if the User and
the terminal owner are different persons.
If access via downloadable software for mobile phones is available for
specific Games, the rules governing Premium Features will also apply to
the payment of any costs arising.
7.3 Subscription / automatic renewal
If payments for Premium Features are required for a specific period of
time, the User shall register for a subscription or a continuing
obligation for such Premium Features that will automatically be renewed if
it is not cancelled by the User before the end of the fixed term pursuant
to section 8.2 below. The subscription terms are provided in the
respective Game rules.
7.4 Payment conditions
and due date of payment
BitMeUp is authorised to request advance payment for the use of Premium
Features (see section 7.2 above). Such payments will be due upon
conclusion of the contract and via the payment method selected by the
User, (e.g. bank account, credit card, Premium SMS, etc.).
Any objections to mobile billing may be raised within eight weeks
following receipt of such mobile bill pursuant to § 45 i TKG (German
The calculations forming the basis of the billing shall be considered
applicable insofar as there is no indication of manipulation.
7.5 Amendments to charges
7.5.1 BitMeUp reserves the right to reduce costs or to offer new
products, services or methods of payment at any time, either on a
temporary or permanent basis. In addition, BitMeUp is authorised to
increase charges for all Services that do not represent
subscriptions (continuing obligations), at any time and with effect for
7.5.2. Charges within the scope of continuing obligations may be modified
with a notice period of six weeks either in writing or by email sent to
the email address provided by the User. The amended cost will take effect
if the User does not object to the modified charge within six weeks. The
contractual relationship will continue under the modified conditions and
costs. When notifying the User of such changes, BitMeUp will inform the
User of their right to object to such, to cancel the Services, the
deadline and the legal implications in force if they fail to submit an
objection within the period specified. Should the User object within the
deadline, both parties reserve the right to terminate this contract with a
notice period of one month, unless a mutual right of termination exists
under section 8.1. The original tariffs will remain in effect until the
termination of the contract. Any fees (payments) made for continuing
obligations that extend beyond the termination date will be reimbursed to
the User pro rata. Further claims by the User shall be excluded.
7.6 Late payment
In the event of late payment, BitMeUp is authorised to charge interest at
the current legal rate prevailing at the time. BitMeUp is also entitled to
discontinue the Services and to suspend the User’s Account(s) when payment
becomes overdue. No compensation for any current subscriptions shall be
made during the Account suspension period.
7.7 Direct debit
reversals, cancellation fees
Should BitMeUp incur cancellation fees arising from a fault of the User
arising from circumstances for which the User is responsible or owing to
cancelled transactions, the User shall bear all the costs associated with
BitMeUp reserves the right to demand payment of the costs incurred by
repeated attempts to debit the charges from the User’s account in addition
to the original charge. BitMeUp also reserves the right to demand an admin
fee of up to EUR 5.00 per cancelled transaction The User reserves the
right to prove that no damage or a substantially lower level of damage was
7.8 SEPA procedure
Any direct debit authorisations the User may have granted to BitMeUp up
to 1 February 2016 will be/has been converted into a SEPA direct debit
7.9 No guarantee of gains or prizes
BitMeUp cannot guarantee any gains or prizes to Users. In particular,
Users have no right to claim the payment of a prize unless such claim is
explicitly stipulated in these Terms and Conditions.
A claim to the payment of a prize is only permitted if BitMeUp has
explicitly offered or advertised such.
Moreover, claims to payments of prizes shall be excluded if BitMeUp
learns that a potential claim to a prize may be the result of technical or
legal manipulations and/or the result of any other kind of criminal
conduct in general. By using BitMeUp Games and Services, Users thereby
agree that BitMeUp may conduct a thorough investigation at any time
pertaining to the legality of claims for prizes, and may withhold the
payment of such from Users without their consent while the claim is under
investigation. Claims to prizes will also be forfeited if the User has not
complied with the rules of the Game. If a reason to doubt a claim arises,
Users must provide sufficient evidence that they acted in accordance with
the Game rules. The User acknowledges and explicitly accepts this
obligation to provide evidence, even if this is not expressly the case in
7.10 No offsetting,
right of retention or cession
The User may only offset a claim from BitMeUp for outstanding accounts if
their counterclaims cannot be disputed or are legally established. Users
may only exercise their counterclaim if such is based on the same
contract. The right of Users to assign their claims against BitMeUp to a
third party is excluded.
8 Term, termination, blocking of
All agreements between the User and BitMeUp are for an indeterminate term
unless a specific period has been otherwise stipulated in a specific offer
8.2 Ordinary termination
Either party may terminate the contractual agreement with a period of
notice and without providing the reasons for such, as follows:
8.2.1 If no limited contractual term has been agreed for a contract, both
parties reserve the right to an ordinary termination at any time and with
8.2.2 If a contract for Games or Services for the use/provision of
Premium Features has been agreed for a determinate period (see also
section 7.2), such contract will automatically be renewed for the same
period upon the expiry of the original contract. This shall not apply if
the User terminates the contract within a period of 14 days prior to the
end of the contractual term.
8.3 Termination on serious grounds
8.3.1 The mutual right of the parties to terminate the contract at any
time on serious grounds shall remain unaffected by the above provisions.
8.3.2 If BitMeUp is responsible for the extraordinary termination of the
contractual agreement, the User will receive a pro rata refund for any
payments made by them for the respective time-limited Services, if
applicable, (for time-limited Premium Features in particular) which apply
to the period after the termination becomes effective. Further claims of
the User shall be excluded unless otherwise specified in these Terms and
BitMeUp has the right to terminate the contractual agreement in particular
for, but not limited to, the following reasons:
If the User is late in paying charges of at least EUR 5.00 and has
not paid despite having received two reminders.
If the User knowingly violates any laws Game rules and/or rules
governing the use of the Services and does not desist, despite having
received a warning. A warning is not required in the event of a
serious offence where it would be unreasonable to expect BitMeUp to
remain bound by the contract.
If the User has not used their Account for a period of four weeks
despite having received a reminder from BitMeUp.
Cases in which it would be unreasonable to expect BitMeUp to remain bound
by the contractual agreement generally include the following:
If the User violates criminal law.
If the User violates the prohibition of multiple Accounts which may
be stipulated in the respective Game rules (see section 1.2 above).
If the User violates the prohibition of pushing (see section 1.2
If the User violates the prohibition of non-authorised scripts and/or
the prohibition on the systematic or automatic control of Games and/or
the prohibition on reproduction, analysis of or modification to the
Games, the Game elements or the content within the scope of the
Services (see section 1.2 above).
If the User violates the prohibition on exploiting programming errors
(bugs) (see section 1.2)
If the User violates the prohibition on the use of anonymiser
services (see section 1.2)
If the User deliberately provides false information when registering
(registration form for a User application, see section 2 above) or
when paying for Premium Features (see section 7.1).
If the User disseminates and/or publishes external links and/or
external advertising in a game operated by BitMeUp. It is no matter,
what kind of advertising is involved.
Should BitMeUp be justified in terminating the contractual agreement on
serious grounds, BitMeUp is entitled to claim the corresponding damages
from the User.
8.4 Blocking of the User
Notwithstanding the right of termination, BitMeUp is entitled to
temporarily block the User’s access to the Services should any suspicion
arise of an abuse of the Games or Services provided by BitMeUp (in
particular a violation of the prohibitions in section 1.2 and or any other
unauthorised manipulation) and/or with respect to the User’s conduct that
would entitle BitMeUp to an extraordinary termination in accordance with
BitMeUp cannot be held responsible for any scores or achievements
obtained and, should the player be blocked, shall not be liable for any
tangible and/or intangible damages owing to the loss of opportunity to
participate during the period of the suspension.
Responsibilities and other obligations of the User, liability for
information uploaded by the User, copyright
The primary obligation of the User is to pay all applicable charges,
unless they are using the free basic version of the Game and/or Services
(see section 7 above). In addition, the primary obligation of the User is
also to comply with all the applicable Game rules and provide accurate and
complete information required by BitMeUp when concluding this agreement
and during the term thereof. Users therefore declare that all the
information relating to their person or other facts relevant to the
contract (in particular bank and credit card details) and which Users
state on the User application form or during the contractual agreement
are, to the best of their knowledge, complete and correct. The User shall
notify BitMeUp immediately of any changes to this information, and shall
confirm the data following a corresponding request from BitMeUp. In the
event of a repeated violation of the rules, despite warnings to this
effect, or a serious breach in accordance with section 8.3, BitMeUp
reserves the right to suspend all the contractual Services and deliveries
immediately and without warning and to terminate the contract.
9.2 Installation of software
BitMeUp shall not be liable for any damages or loss of data arising from
the installation of hardware or software that has not been provided by
BitMeUp and which the User has used on their computer, mobile phone or
other (mobile) terminal (“Terminal”) to access the Games and Services.
9.3 Further obligations of the User
9.3.1 BitMeUp may sometimes provide the Games or Services online. BitMeUp
neither provides nor installs any of the software required locally on the
User’s Terminal (in particular operating systems, web browsers and
plug-ins, including Flash or Java). BitMeUp can provide no support for
such software. The User shall be responsible for maintaining the Terminal
in a state which enables the use of BitMeUp Games and Services, and
BitMeUp cannot provide technical support for the installation of any
software required locally.
9.3.2 The User shall treat all non-public Account and access data (login,
passwords, AccountID, etc.) in a strictly confidential manner with respect
to third parties. The obligation of confidentiality also applies to
friends, acquaintances, family members and other players (e.g. clan
members) or other Users of the Services. Users will immediately notify
BitMeUp if they learn or suspect that an unauthorised third party has
accessed such access data. BitMeUp advises Users to use the contact form
to do this for evidence reasons. Should a third party use an Account after
obtaining the User’s access data because the User failed to take
sufficient protective measures against unauthorised access, Users must
assume the same liability for such misuse as if they themselves actually
performed such action owing to the risk and uncertainty caused regarding
who manipulated the Account and who will be liable in the event of a
contractual or legal infringement of said Account. BitMeUp reserves the
right to consider all input into an Account using the User’s access data
as input carried out by the authorised User. BitMeUp recommends Users to
change their passwords regularly as a security measure. Users are solely
responsible for the access to and use of their Account.
9.3.3 Should BitMeUp have justifiable grounds to suspect that an
unauthorised third party is unlawfully in possession of a non-public
Account or access data, BitMeUp may, but is not required to do so, and at
its own discretion, change the account access data without prior notice,
or suspend the respective Account as a security measure. BitMeUp will
promptly inform the authorised User and will, upon request, promptly
communicate the new access data to such User. The User has no right to
request BitMeUp to restore the original access data.
9.3.4 The User is neither entitled to sell their complete Account nor any
individual Game items, Premium Features or Game functions to a third
party, or to transfer such in any other way. This shall not apply to the
sale or transfer of offers or products created and provided by BitMeUp for
9.3.5 Although BitMeUp protects its systems against viruses, virus
infections can never be completely eliminated. In addition, unauthorised
third parties may also send emails using BitMeUp’s name but without the
consent of BitMeUp, and such emails may contain viruses, spyware or links
to web content which may also contain viruses or spyware. BitMeUp has no
influence over such occurrences. The User agrees to check all incoming
emails sent or supposedly sent by or in the name of BitMeUp for potential
viruses. The also applies to emails from other Users of the Games or
9.3.6 The User agrees to adhere to the instructions of BitMeUp, its
employees, assignees and vicarious agents, including specifically, but not
limited to administrators and moderators of forums for a specific Game
9.3.7 The User agrees that they shall not, under any circumstances, use
the Account, login name or password of another User.
User’s obligations regarding information submitted
9.4.1 Users shall exercise due care when selecting the information they
make available to other Users when uploading such within the scope of the
9.4.2 The User shall not use the Services to spread any content
(e.g. images, videos, links, names, words) that contains promotional,
political, religious, insulting, offensive, violent, sexist, pornographic
or other immoral or objectionable material, in particular racist,
politically extreme left- or right-wing content, persons or depictions. In
addition, the User agrees not to use any copyrighted or otherwise legally
protected terms, names, images, videos, music, games or other material. If
in doubt, the User shall promptly remove any content contested by BitMeUp.
BitMeUp is also entitled to remove such questionable content itself. The
User undertakes to respect any applicable laws and regulations at all
times, especially with regard to youth protection, data privacy,
protection of personal rights, protection against slander and defamation,
copyright laws and trademarks.
9.4.3 The User is not authorised to use the Services for illegal or
unauthorised purposes. In particular, Users are strictly prohibited from
using the usernames or email addresses of other Users to send unsolicited
emails, promotional messages or for any other commercial exploitation
without their express prior consent.
9.4.4 BitMeUp reserves the right to delete any content submitted by the
User that is in culpable violation of the above rules and regulations.
9.4.5 BitMeUp is in particular entitled to delete any information
submitted by the User in whole or in part should concrete evidence arise
of a breach of these Terms and Conditions, the instructions and rules of
the respective Services, or which is otherwise illegal. In the case of
information, this includes:
Information which is obviously offensive, racist, fanatical or which
Information which is of a harassing, insulting, threatening, obscene,
defamatory nature or which is libellous to other persons;
Information which is sexist, pornographic or otherwise harmful to
minors or which contains links to websites unsuitable for minors;
Information which is false or misleading and/or which is intended to
promote illegal activities;
Illegal or unauthorised copies or the distribution of works protected
by copyright, for example by providing illegal computer programs or
links to illegal computer programs, information on how to bypass copy
protection measures, illegal copies of music, links to illegal copies
of music or other copyright infringements;
The sending of junk mails, “chain letters” and/or unsolicited mass
emails, instant messages, spimming and spamming;
Restricted sites or images that are hidden or password-protected;
Information promoting or endorsing criminal activities or providing
instructions for committing criminal activities including, but not
limited to, the production or purchase of arms, child pornography,
fraud, drug trafficking, gambling, stalking, spamming, spimming,
distribution of computer viruses and other harmful files, copyright
infringement, patent infringement and/or theft of trade secrets;
Information soliciting other Users to disclose personal information
for commercial or illegal purposes, or inducing them to disclose login
Information promoting commercial or sales activities, such as
contests, raffles, swapping offers, classified ads and/or pyramid
Information containing image(s) of other persons without their
9.4.6 The User is not entitled to request BitMeUp to restore such deleted
Moreover, BitMeUp is also entitled to exclude the User from further
participation in the respective Services and, in the case of repeated
infringements of the aforementioned prohibitions despite written notice,
to terminate the User’s Account without prior warning. BitMeUp reserves
the right to make any further necessary and additional claims,
particularly the entitlement to damages.
9.4.7 Users will inform BitMeUp if they become aware of an abuse of the
Services by other Users or third parties (e.g. the dissemination and
sending of content that is prohibited under section 9.4.5.). BitMeUp
requests that such information be provided in writing (e.g. email) to
ensure that effective measures can be taken.
9.5 The User’s
liability regarding information submitted
9.5.1 Users are solely responsible for any text, files, images,
photographs, videos, sounds, music, copyrighted or other material,
information etc. (“Uploaded Information”) which they upload within the
scope of the Services or share with other Users. BitMeUp neither condones
nor approves such Information.
9.5.2 BitMeUp has no control over the Uploaded Information within the
scope of the Services. BitMeUp does not evaluate the Uploaded Information
before it is made public, but reserves the right to review and evaluate
all the Uploaded Information for breaches against these Terms and
Conditions and/or game rules. If BitMeUp learns that specific Uploaded
Information is illegal, it will delete such immediately.
9.5.3 Any liability on the part of BitMeUp for Uploaded Information, in
particular the accuracy, completeness and reliability of content, material
or information is excluded.
9.6.1 The User retains all the rights to the Uploaded Information. By
posting information on the Websites and within the scope of other
Services, the User grants BitMeUp a non-exclusive, free of charge licence,
revocable at any time if such content is removed, to make the content
available to the public within the Scope of the Services and to edit
(format, size, etc.), publicly offer, display, reproduce and distribute
such content for the purposes of adapting it to the requirements of the
9.6.2 Furthermore, BitMeUp has no right of use to the Uploaded
Information provided by the user and BitMeUp is not authorised to use or
distribute Uploaded Information outside the scope of the Services.
9.6.3 The User acknowledges and accepts that any Uploaded Information
within the scope of the Services may be accessed globally through the
Internet. Users also declare that they agree to these conditions when
submitting any information.
9.6.4 This licence shall become invalid when the User deletes any content
from the Services.
10 Claims for defects
10.1 BitMeUp grants the User access to the Games and Services in their
current version only (section 1.2). Users have no right to demand the
maintenance or restoration of a specific version or range of functions of
the Games and Services and/or a score. When purchasing Premium Features,
the User is granted all the statutory and contractual rights. The User
acknowledges and agrees that, similar to any other software, the Games and
Services provided by BitMeUp can never be totally free of errors. The
Games and Services can only therefore be considered defective if their
playability or usability is severely compromised and over a prolonged
period of time.
Users shall document any faults regarding the Games and Services and/or
other services or products supplied by BitMeUp, and will provide a full
written report of the error messages displayed. Before reporting potential
bugs, Users must consult the instructions for the Games and Services and
any other troubleshooting tools provided by BitMeUp (in particular FAQ
lists and discussion forums for problems). Users will use their best
endeavours to support BitMeUp in its attempts to remove the bug or defect
from the relevant Game or Service.
10.2 Users will immediately notify BitMeUp of any faults upon detection
of such. For the purposes of evidence, it is advisable to submit such
reports in writing (by fax, letter or the Support contact form) to
10.3 Excluded from any warranty shall be defects and errors caused by
external influences, faulty handling by the User, force majeure or any
changes or manipulations that are not carried out by BitMeUp.
10.4 BitMeUp can assume no liability for legal guarantees.
11 Liability and limitation
11.1 Users shall be directly and immediately liable to third parties for
violating any of their rights. The User shall indemnify and hold BitMeUp
harmless from any damage caused by the User’s failure to observe these
Terms and Conditions. The User shall indemnify and hold BitMeUp harmless
from any claims by third parties against BitMeUp for violations of their
rights arising from content posted by the User or due to an infringement
of other obligations. Users shall also be liable for any costs incurred by
BitMeUp for legal defence, including court costs and legal fees. This
shall not apply if the User is not liable for such infringement.
11.2 Insofar as BitMeUp offers Services free of charge, BitMeUp shall
assume no liability for any damages other than malicious damage or damage
arising from gross negligence. This does not apply however to liability
for injury to life, bodily injury, damage to health or in the event of the
provision of a guarantee by BitMeUp.
11.3 Insofar as BitMeUp provides Services for a fee, BitMeUp shall assume
unlimited liability for malicious intent and gross negligence. In the
event of minor negligence, BitMeUp shall only be liable for breaches of
material contractual obligations or breaches of a guarantee. Material
contractual obligations include those that enable the contract to be
properly executed and on the performance of which the User can rely. The
above limitations of liability do not apply to injury to life, bodily
injury, damage to health or in the event of the provision of a guarantee
by BitMeUp. BitMeUp’s liability under product liability legislation shall
11.4 The obligation to pay damages shall be limited to foreseeable
damages arising from a violation of material contractual obligations.
11.5 Foreseeable damages shall be limited to €200.00 per Account.
11.6 The above exclusions or limitations of liability shall also apply to
the liability of the personnel, workers, employees, representatives and
agents of BitMeUp, especially regarding the personal liability of
shareholders, workers, representatives, company bodies and their members.
11.7 BitMeUp shall only be liable for any advice or responses provided
that relate to queries regarding the content of the products supplied by
11.8 BitMeUp expressly disassociates itself from the content of any sites
to which direct or indirect references, “links”, exist from within the
Services offered by BitMeUp. BitMeUp shall assume no responsibility
whatsoever for such content or sites, and the relevant operators shall be
exclusively liable for any content provided on such.
12 Final Clauses
12.1 Any notifications and declarations made to BitMeUp by the user must
be made in writing, and this shall also apply to the amendment or
cancellation of the requirement of the written form.
12.2 The legal place of jurisdiction is Hamburg, Germany.
12.3 The law of the Federal Republic of Germany shall apply (i) to these
Terms and Conditions, including any future amendments, (ii) to any
contracts concluded based on these Terms and Conditions and (iii) to any
further claims of any kind arising thereof, to the exclusion of the
provisions pertaining to the UN Convention on contracts for the
international sale of goods and to the exclusion of German International
12.4 Should any provisions of these Terms and Conditions be or become
invalid, the validity of the other provisions shall remain unaffected.
BitMeUp UG (haftungsbeschränkt)