- Tradelite Solutions GmbH, Romanstr. 47, 80649 Munich, Germany ((Registered ID HRB 255651), (“Tradelite” or “We” or “Us), develops and publishes web and mobile applications (“Game” or “Games”) that can be accessed online or downloaded from the App Stores of various providers and provides services related to the Games (“Services”).
- The terms of this agreement ("Terms of Service") govern the relationship between Consumers, in terms of § 14 of the German Civil Code (BGB), i.e. natural persons who conclude a legal transaction for purposes which can predominantly neither be attributed to their commercial nor their self-employed professional activity, and Tradelite, regarding use of Tradelite’s games, internet sites (in particular the domain mogaland.io), and related services (the “Service” or “Services”).
- The validity of any general terms and conditions of the users is hereby expressly rejected. Any T&Cs of the users shall only become part of the contract if Tradelite has expressly agreed to them in writing.
- The terms of this agreement do not apply to Business-to-Business relationships between Tradelite and legal entities or individual business partners.
- The user confirms to have full legal capacity and, in the case of restricted legal capacity, to have obtained the consent of his/her legal guardian.
- When customers check the box "I am legally competent or have obtained the approval of my legal representative and agree to the terms and conditions" when registering an account, they acknowledge that they have read, understood and agree these terms and conditions.
- The use of the service is void where prohibited.
1. Conclusion of Contract
1.1 The user confirms to have full legal capacity and, in the case of restricted legal capacity, to have obtained the consent of his/her legal guardian. The minor must be at least 7 years old.
1.3 The corresponding license and usage agreement on the basis of these Terms of Services is concluded for an indefinite period of time and may be terminated by either party at any time, subject to Section 4, without specifying any reasons provided that the user has not made use of any additional offers subject to charge.
1.4 We provide our internet offer free of charge and without access restriction. The mere use of our internet offer or contacting us does not constitute a contract with us. There is no claim to uninterrupted availability of our internet offer.
1.5 In addition to the possibility of free use, Tradelite also offers additional paid content, e.g. virtual items and boosters (“premium content”). The use of the premium content is voluntary and forgoing such use does not restrict other use of the Game. The cost obligation will be indicated separately in the Game. For the acquisition and use of such premium content, the provisions of Section 3 of these General Terms and Conditions as well as any separate terms and conditions of use of the App Store providers shall apply in a supplementary fashion.
2. Use of Service, Rights and Account
2.1 Subject to your agreement and continuing compliance with these Terms of Service and any other relevant policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
2.2 The following restrictions apply to the use of the Service:
- The legal guardians assume full responsibility for any unauthorized use of the Service by minors.
- You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Tradelite, or previously been banned from accessing any Tradelite Services.
- Without the explicit consent of Tradelite, you shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
2.3 We continuously updates, changes and adds content to the Services at our own discretion. Users can therefore only participate in the game, service or other offering in its then-current form.
2.4 The user may not transfer this agreement to third parties. In the event of a breach of this provision (account transfer), Tradelite shall be entitled to terminate the agreement without notice, including agreements on premium content. Section 4 remains unaffected.
2.5 You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Tradelite and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you. You are responsible for anything that happens through your Account.
2.6 If the user sends Tradelite feedback, suggestions and/or ideas (collectively referred to as “Feedback”) regarding the Game or possible enhancements or new developments of Games, Tradelite may incorporate such Feedback into its Products and/or incorporate such Feedback into the further development of its Products and use such Feedback as part of the Products, or otherwise publish, edit, use and exploit such Feedback. The user grants Tradelite, free of charge, the permanent, non-exclusive, spatially unlimited, royalty-free, transferable and sub-licensable right to reproduce, edit, distribute, distribute and make publicly available (in whole and/or in part, and in each case also with respect to adaptations thereof) and otherwise to exploit all Feedback provided by the user. Tradelite shall not be obliged to respond to Feedback and/or to use or exploit it. The user waives all possible copyrights in connection with the possible use and exploitation of the Feedback.
2.7 You hereby grant to Tradelite an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service.
2.8 You also hereby grant to Tradelite the right to authorize third parties to exercise any of the rights granted to us under these Terms of Service, for the purposes of fulfilling and/or improving the Services offered by us.
3. Premium Content
3.1 The user can purchase premium content within the scope of the services for a fee. There is no obligation to purchase premium content. The purchase of premium content is exhausted in one-time payments. A continuing obligation is not established.
3.2 The contract for premium content is concluded as follows: The user clicks on the "Pay" or "Order for a fee" button in the shop area of the game (exact labelling may vary for in-app purchases depending on the App Store). By clicking this button, the user makes a legally binding declaration of intent which obliges him to pay the respective fee upon conclusion of the contract. This constitutes the offer to conclude a contract for the premium content. The contract shall be accepted by Tradelite (or on its behalf by the respective App Store provider) by sending an order confirmation via message or email, or by actually providing the respective premium content. The fee shall be payable in advance upon acquisition of premium content.
3.3 A refund after the purchase of premium content can only be made within the scope of statutory consumer rights or the statutory right of revocation with due regard to the respective elements of exclusion.
3.5 If currencies are simulated in the Games (hereinafter, “Premium Points”), these represent premium content or units of measurement for the scope of the license to use the Game in question, and not real money. If such Premium Points can be earned both through Game play and as premium content, the units purchased in return for payment will always be used first when such Premium Points are used. Premium Points may only be converted back into real money if the operation of the Game as a whole is permanently discontinued.In such an event, the fee paid for Premium Points shall be refunded insofar as the corresponding Premium Points have not yet been used to activate Game content.
3.6 The user shall be responsible for cancellations or chargebacks which the user itself has caused, e.g. due to insufficient account coverage. The user shall normally bear the costs arising therefrom. Tradelite shall be entitled to collect these costs together with the original fee from the user’s means of payment. The user shall reserve the right to prove that any damage did not occur or did not occur to the value of the requested amount.
3.7 The fees for the purchase of premium currency are due immediately upon conclusion of the contract, i.e. upon confirmation of the purchase of the premium currency. The operator offers various payment methods. The user has no claim that the operator offers or maintains certain payment methods. If the user defaults on payment, Tradelite may, irrespective of the continued obligation to pay, block access to the Game and demand the default interest stipulated by law.
3.8 Tradelite may offer new premium content, change existing premium content and discontinue premium content. Permanent premium content already purchased (virtual items), which are removed from the Game, may in this case be used within a transitional period or exchanged for new premium content. Further claims of the user shall be excluded.
3.9 For purposes of clarification: All claims of the user with respect to the premium content, particularly with respect to copyrights, warranty for defects and damage compensation, shall be asserted against Tradelite (and not against the App Stores).
4.1 You may terminate your Account at any time and without any reason. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
4.2 Tradelite reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your right to use the Service or a part thereof will be automatically terminated.
4.3 If the user has booked additional services for a certain term in advance using premium currency, the right of Tradelite to ordinary termination is excluded for this term. To clarify, ordinary termination shall be possible if the user has purchased premium content without a fixed term (e.g. one-time or permanent power-ups), even if these have effects on the entire further period of use.
4.4 The right of both parties to terminate the service usage contract or the contract for the use of additional services at any time for good cause (extraordinary termination) remains unaffected.
4.5 Any breach of these General Terms and Conditions may entitle Tradelite to termination for good cause.
4.7 In the event of ordinary termination by the user or termination by Tradelite for good cause, no reimbursement of paid fees shall take place. Tradelite shall be entitled to continue to charge all outstanding fees for premium content already purchased.
4.8 WITHOUT LIMITING ANY OTHER REMEDIES, TRADELITE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF WITH OR WITHOUT NOTICE TO YOU (i) IF YOU ARE, OR TRADELITE REASONABLE SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS OF SERVICE; OR (ii) FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL ITEMS AND PURCHASED VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE. TRADELITE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
4.9 WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
4.10 If the Services platform does not provide for the possibility of termination by means of a specific function, any termination must be made in text form (e-mail). The extraordinary termination must always be made with reasons.
4.11 The statutory right to extraordinary termination of this Agreement without notice for good cause shall not be affected.
5. Use Limitations
5.1 The user may only use the Games for private purposes, unless Tradelite Solutions has given its express prior written consent to any other use in individual cases.
5.2 Any use of the Service in violation of stated Use Limitations is strictly prohibited, can result in the immediate revocation of your limited right and may subject you to liability for violations of law.
5.3 You agree that you will not, under any circumstances:
- Engage in any act that Tradelite deems to be in conflict with the spirit or intent of the Service or make improper use of Tradelite's support services.
- Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Tradelite game or any Tradelite game experience.
- Modify or cause to be modified any files that are a part of the Service or any Tradelite game without Tradelite's express written consent.
- Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing Tradelite's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any Tradelite game environment.
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
- Attempt to gain unauthorized access to the Service, Accounts registered or used by others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Tradelite, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Tradelite employees, including Tradelite's customer service representatives.
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Tradelite employee.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Tradelite game, or to obtain any information from the Service or any Tradelite game using any method not expressly permitted by Tradelite.
- Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any Tradelite game.
- Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
- Use any Tradelite game for gambling, betting or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, irrespective of whether or not there is a fee or stake involved.
5.4 Tradelite reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. We reserve the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
5.5 Section 4 remains unaffected by this.
6. Account and User Data
6.2 The user must select secure access credentials and not make such data available to third parties. Tradelite is not responsible for any damage resulting from the breach of this duty. In the event of suspected abuse, we shall be entitled to temporarily block access to the Game in question.
6.3 Tradelite reserves the right to remove or reclaim any username and nickname at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
7.1 The user shall indemnify Tradelite against all claims, including damage compensation claims, asserted by third parties due to an infringement of their rights by the user’s conduct or the content or data posted. The user shall also be obliged to reimburse the reasonable costs incurred as a result thereof, particularly the costs arising from any legal defense that may be required (including lawyers’ fees customary for the market, which shall not be limited to the statutory fees). This shall not apply if the user is not responsible for the infringement. All further rights and claims of Tradelite shall not be affected.
8. Warranty, Liability
8.1 Insofar as Tradelite provides services free of charge, no warranty claims shall exist and Tradelite shall only be liable in accordance with the provisions of law for intentional and gross negligence.
8.2 Tradelite reserves the right to update, modify and develop its Games and Services on an ongoing basis at its sole discretion, as well as to discontinue the operation of a game or to discontinue and/or remove certain Services for economic and/or technical reasons, or to improve and/or personalize the user experience of games and/or services.
8.3 Tradelite does not guarantee the error-free provision of its Games or Services. It is recommended to always access and/or install the latest version of the game.
8.4 The above limitations of liability do not apply if we have fraudulently concealed a defect or have given an express guarantee for the quality of an item. The provisions of the German Product Liability Act (“Produkthaftungsgesetz“) shall remain unaffected.
8.5 In addition, we exclude any liability for manipulations of the IT system of the Internet user by third parties. We expressly point out the danger of viruses and the possibility of targeted hacker attacks. For the purpose of combating viruses, we recommend the use of current browser versions and the installation of continuously updated anti-virus software. As a matter of principle, e-mails of unknown origin and unexpected attachments to these e-mails should not be opened.
8.6 The use of the internet is at the own risk of the respective user. We are not liable for technical failure of the internet or for access to the internet.
9.1 No responsibility is taken for the topicality, correctness and completeness of the information on the website www.mogaland.io.
9.2 Tradelite assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk.
10. Applicable Law, Jurisdiction
10.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the user is resident in another member state of the EU, this choice of law shall not result in the mandatory consumer protection regulations of his or her home country being rescinded.
10.2 For disputes with the user, the statutory place of jurisdiction shall apply, provided the user has a general place of jurisdiction in Germany. If the user has moved his or her domicile or habitual place of residence from Germany after concluding the contract or if his or her domicile or habitual place of residence is not known at the time the action is filed, Berlin shall be the place of jurisdiction.
11. Force Majeure
Tradelite shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Tradelite, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Tradelite's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
13. Severability clause
Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.