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Terms/Data Privacy


The following terms of use apply to the purchase of mobile games through the FISHLABS GmbH website (hereinafter referred to as "FISHLABS"), Mailing address: Geibelstraße 46, 22303 Hamburg, Germany, represented by the Managing Directors. By accessing and/or using this website or WAP site, you agree to be bound by the following Terms of Use.

1. Provision of mobile games by FISHLABS

FISHLABS offers various mobile games to download on your mobile phone. FISHLABS' mobile games shall be downloaded by the user via WAP Push. In addition to the cost of the mobile game, the user agrees to pay any connection fees for his/her wireless network that may arise. There will be no additional cost to send the mobile game via e-mail.

2. Conclusion of the agreement

a.
FISHLABS offers its mobile games exclusively as individual downloads to be purchased individually. By ordering a mobile game, the user agrees to the binding offer for using the selected mobile game at the price currently valid at the time of the order. By accepting this offer of downloading the mobile game using a WAP Push link from FISHLABS, the user and FISHLABS agree to enter into contract.

FISHLABS reserves the right to reject threatening or abusive user requests.

b.
Notes regarding payment: The financial transactions will be handled by Fishlabs Entertaiment GmbH, Geibelstrasse 46, 22303 Hamburg, Germany. All prices are in euro. The transactions are encrypted according to the latest SSL 128-bit standards. Your purchase will appear on your credit card statement as www.fishlabs.net, fax: +49 40 88 88 00 110. Your credit card will be charged immediately after you purchase the game. All incoming orders will be processed immediately, and all inquiries will be answered within two business days. We recommend printing out all the information regarding your transactions as well as our General Terms and Conditions and storing them in a convenient location.

3. Rights and duties of the user

a.
The user agrees to truthfully and fully enter his required information during the registration process.

b.
All FISHLABS mobile games are subject to the German copyright law and the German trademark law. The user has the right to save the products to his/her mobile phone. He/she shall also be entitled to save a back-up copy on one computer. Any further copies, especially downloading the game to another mobile phone, is prohibited. Any further copying, replication or processing of the user's purchased mobile game is also prohibited.

c.
FISHLABS mobile games are intended for private use. Any commercial use of the game is only permitted with FISHLABS' prior written consent.

4. Limitation of liability

a.
FISHLABS shall only be liable for acts of willful misconduct and gross negligence regardless of the legal basis. In the event of a breach of any of the substantial contractual obligations, FISHLABS shall only be liable for the culpable behavior of its employees and vicarious agents. Except in the case of intent and/or gross negligence on the part of its legal representatives, employees and other vicarious agents, FISHLABS's liability shall be limited to the foreseeable damage normally resulting from such negligence upon conclusion of an agreement. The aforenamed limitations do not apply to damages arising from injury to life or limb or the impairment of health that are based on failure or neglect on the part of FISHLABS or its legal representatives or vicarious agents as well as in the event of compelling legal regulations.

b.
FISHLABS shall make every effort to disseminate the requested games as quickly as possible. Since FISHLABS is dependent on the services and distribution channels of third parties and has no influence on the availability thereof, FISHLABS cannot guarantee the delay-free transmission of the individually ordered games in distribution channels/lines maintained by third parties. FISHLABS shall not be held liable for any temporary or permanent interruption of the data transmission to the user's mobile phones provided the interruption is not caused by FISHLABS. FISHLABS can also not guarantee the constant availability of the services, such as a breakdown at the transport provider. In particular, FISHLABS reserves the right to temporarily interrupt access to the products to conduct maintenance work.

c.
FISHLABS refers to other WAP pages over which it has no influence with regard to their content and design via hyperlinks. These hyperlinks merely serve as access to third party content or products. FISHLABS assumes no liability for the form and content of these linked WAP pages. If FISHLABS becomes aware that WAP pages it has linked to violate any applicable laws or "Netiquette," FISHLABS shall remove the relevant link once it has reviewed the situation.

d.
In order to use the FISHLABS products, it is necessary to use certain technical systems, such as third party equipment (e.g., mobile phones), software programs, communication paths, telecommunication services and other services, which could result in the user having to pay additional expenses, particularly connection fees. These shall be paid separately by the user. FISHLABS does not provide any third party equipment, software programs, communication paths, telecommunication services and other services and assume no guarantee or liability for this.

5. Protection and use of data

It is necessary that FISHLABS and other companies that assume the technical handling of the dissemination of the mobile games save and use the customer's data for the contractually compliant use of the mobile games purchased from FISHLABS. The user agrees with the following rules with regard to the use of his/her personal information.

a.
The user hereby agrees that his/her data will be stored by FISHLABS and its partners, provided it is necessary for the contractually compliant use and settlement of billable services.

FISHLABS may regularly send the user SMS, MMS, WAP Push messages, over-the-air (hereinafter referred to as "OTA") configurations or letters about FISHLABS products that FISHLABS believes he/she might be interested in. The user agrees to regularly receive offers from FISHLABS via SMS, MMS, WAP Push messages, OTA configurations, letters, etc.

b.
FISHLABS agrees not to publish any personal data for identification purposes if the user has not given his/her express permission or under special circumstances, such as if FISHLABS is convinced that it is required for legal reasons. FISHLABS can compare user data with third parties if both parties sign confidentiality agreements.

f.
If the user does not agree to the use of his/her data as described above, he/she can retract his/her consent at any time by sending an e-mail to FISHLABS Support (support@fishlabs.net) or a letter to FISHLABS Entertainment GmbH, Geibelstraße 46, 22303 Hamburg, Germany.

6. Termination of the contract

a.
This contract can be terminated in writing by either party at any time without cause. The user can terminate the contract in writing by sending a letter to FISHLABS GmbH, Mailing address: Geibelstr. 46, 22303 Hamburg,) or sending an e-mail to support@fishlabs.net or sending an SMS containing the word "TERMINATION" to: +49 (0)170/88 88 88 9.

Termination via SMS shall go into effect immediately upon receipt of the SMS. Termination via e-mail or snail mail shall go into effect two business days after receipt of the written notice by FISHLABS.

7. Place of jurisdiction and place of performance

a.
The laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods shall exclusively apply to all legal relationships between FISHLABS and the user.

b.
The parties agree that Hamburg shall have exclusive jurisdiction over all disputes that may arise from these Terms of Use and from contracts that are based on these Terms of Use, provided that the user is a businessman, a legal entity under public law or a special fund under public law.

8. Severability clause

Should one or more provisions of these Terms of Use is or should become invalid or unenforceable, in whole or in part, the validity of the remaining provisions shall not be affected thereby.

If you have any question regarding these Terms of Use, please contact us via e-mail at support@fishlabs.net.

FISHLABS Entertainment Gesellschaft mit beschränkter Haftung [Limited Liability Company]

Mailing address: Geibelstr. 46, 22303 Hamburg
Managing Directors: Christian Lohr, Michael Schade
Limited Liability Company with its registered office in Hamburg,
HRB No. 84187 Court of Register: Amtsgericht Hamburg
Bank information: Hypo Vereinsbank Hamburg, Acct. no. 157438
Bank routing no.: 200 300 00 IBAN DE 98200300000000157438
Tax ID no. 71/845/03438 VAT ID No.: DE 22 38 66 894


Right of revocation

a.
The user may withdraw from this contract (product order) in writing within two weeks without any penalty and without giving any reason by giving notice in writing or on another permanent storage medium to FISHLABS Entertainment GmbH, mailing address: Geibelstr. 46, 22303 Hamburg, Germany or by sending an e-mail to support@fishlabs.net. The period to exercise this right of revocation shall begin from the date of receipt of the goods. Timely dispatch of revocation notification is sufficient for observing the time limit.

b.
In the case of a valid revocation, the services both parties received must be returned, which is why the user must pay a reasonable compensation for the use of the FISHLABS products.

c.
The user's right of revocation shall end prematurely if FISHLABS began delivering its product with the user's express consent before the end of the revocation deadline or the user arranged for the delivery, for example via download."