TERMS AND CONDITIONS

MAY 29, 2022. V1.0

THE FOLLOWING TERMS AND CONDITIONS (“TERMS”, “TERMS AND CONDITIONS”, “USER AGREEMENT”, “AGREEMENT”) APPLIES TO YOUR USE OF THE PETERWEINBERGER.ORG WEBSITE INCLUDING ANY CONTENT, FUNCTIONALITY, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH SUCH WEBSITES (COLLECTIVELY, THE “WEBSITE”) OR GAMES OR MOBILE APPS OR MOBILE GAMES OR BOOKS OR E-BOOKS OR AUDIO BOOKS OR COMICS OF PETER WEINBERGER (HEREAFTER, THE TERM "PETER WEINBERGER SERVICES" OR “OUR SERVICES” OR “THE SERVICE” OR “SERVICE” OR “SERVICES” WILL REFER TO ALL OF THESE ELEMENTS) OPERATED OR PRODUCED BY PETER WEINBERGER LOCATED IN, AUSTRIA (HEREAFTER REFERRED TO "PETER", "PETER WEINBERGER", "US," "WE," "OUR"). PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE PETER WEINBERGER SERVICES. THESE TERMS ARE A LEGAL AGREEMENT AND CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS IN RELATION TO OUR SERVICES. BY ACCEPTING THESE TERMS YOU ARE ALSO AGREEING TO OTHER PETER WEINBERGER RULES AND POLICIES THAT ARE EXPRESSLY INCORPORATED INTO AND A PART OF THESE TERMS. PLEASE READ THEM CAREFULLY:

1.1. BY USING OUR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT. IF YOU DO NOT WANT TO AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT USE PETER WEINBERGER SERVICES.

1.2. EACH GAME OR MOBILE GAME OR MOBILE APP COMES WITH SPECIFIC RULES (E.G. THE EULA-UFORUN) - WHICH EXPLAIN IN MORE DETAIL THE LEGAL RULES FOR SPECIFIC GAMES OR MOBILE GAMES OR MOBILE APPS.

1.3. OUR PRIVACY POLICY EXPLAINS WHAT INFORMATION WE MIGHT COLLECT FROM YOU AND HOW WE PROTECT IT.

1.4. OUR UNBIDDEN SUBMISSION POLICY EXPLAINS, WHAT HAPPENS WHEN YOU CONTACT US IN ANY WAY AND WISH TO SEND US ANY REVIEW OR CONSIDER ANY UNBIDDEN IDEAS, INFORMATION, TIPS, SUGGESTIONS, OFFERS, FEEDBACK, WORKS, MATERIALS, PROPOSALS, ARTWORK, CONTENT OR THE LIKE, INCLUDING FOR ADVERTISING CAMPAIGNS, PROMOTIONS, PRODUCTS, SERVICES, TECHNOLOGIES, PRODUCT ENHANCEMENTS, PROCESSES, MARKETING STRATEGIES, PRODUCT NAMES, CONTENT OR CREATIVE MATERIALS (ALL OF THE FOREGOING “SUBMISSIONS”).

1.5. OUR MEDIA ASSET LICENSE OUTLINES THE PERMISSIBLE AND PROHIBITED USES OF THE MEDIA ASSETS WE PROVIDE. CERTAIN ASSETS MAY HAVE MULTIPLE LICENSES ACROSS DIFFERENT OUTLETS, AND IN SUCH SITUATIONS, WE RECOMMEND REFERRING TO THE LICENSE FOUND AT THE RELEVANT OUTLET.

1.6. ALL OF THESE DOCUMENTS FORM PART OF THIS AGREEMENT AND WE MAY UPDATE THEM FROM TIME TO TIME.

1.7. YOUR ACCESS TO AND USE OF OUR SERVICES IS CONDITIONAL UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THIS AGREEMENT. THIS AGREEMENT APPLIES TO EVERYONE, INCLUDING, BUT NOT LIMITED TO: VISITORS, USERS, AND OTHERS, WHO WISH TO ACCESS OR USE OUR SERVICES. FURTHERMORE YOU UNDERSTAND AND AGREE, THAT IF ANY PART OF THIS AGREEMENT SHOULD BE DEEMED INVALID IN A COURT OF LAW, ALL OTHER PARTS OF THIS AGREEMENT SHALL REMAIN UNAFFECTED.

2. AGE RESTRICTIONS OF OUR SERVICES
2.1. EVERY PETER WEINBERGER VIDEO GAME OR MOBILE GAME OR MOBILE APP HAS ITS OWN AGE RATING (E.G., PEGI, ESRB) WHICH MAY DIFFER DEPENDING ON WHERE YOU ARE LOCATED AND WILL BE DISPLAYED WHEN YOU PURCHASE THE GAME OR MOBILE GAME OR MOBILE APP ON SITES OF THIRD PARTY VENDORS ACCORDING TO THEIR TERMS AND CONDITIONS. YOU SHOULD ONLY PLAY OR USE OUR GAMES OR MOBILE GAMES OR MOBILE APPS IF YOU MEET THE APPLICABLE MINIMUM AGE RATING. IF YOU ARE ABOVE THE APPLICABLE MINIMUM AGE RATING AND YOU ARE OVER 18 (OR WHATEVER IS THE AGE OF ADULTHOOD IN YOUR COUNTRY), YOU ARE FREE TO EXPERIENCE OUR GAMES OR MOBILE GAMES OR MOBILE APPS. OUR WEBSITE IS INTENDED FOR USE BY A GENERAL AUDIENCE AND DOES NOT OFFER ANY SERVICES TO CHILDREN. IF YOU ARE UNDER THE AGE OF 18 (OR WHATEVER IS THE AGE OF ADULTHOOD IN YOUR COUNTRY), PLEASE DON’T USE OUR WEBSITE WITHOUT SUPERVISION BY YOUR LEGAL GUARDIAN OR PARENT. FURTHERMORE MANY OF OUR GAMES OR MOBILE GAMES OR MOBILE APPS MAY CONTAIN A MARKETING LINK IN THE FORM OF A BUTTON, USUALLY TITLED “ON THE WEB” OR “WEB” OR “ONLINE” OR “MORE GAMES” OR “COMICS” WHICH OPENS A WEB BROWSER WINDOW TO OUR WEBSITE OR THIRD PARTY VENDOR, WHERE YOU CAN BUY OUR SERVICES (E.G.: AMAZON.COM), IF YOU ARE UNDER 18 (OR WHATEVER IS THE AGE OF ADULTHOOD IN YOUR COUNTRY) PLEASE ASK YOUR PARENT OR GUARDIAN IF YOU ARE ALLOWED TO PLAY A GAME OR MOBILE GAME OR MOBILE APP CONTAINING SUCH A LINK IN FORM OF A BUTTON, IF YOU DO NOT RECEIVE YOUR PARENTS OR GUARDIANS APPROVAL YOU MUST NOT USE OUR GAMES OR MOBILE GAMES OR MOBILE APPS.

2.2. EVERY PETER WEINBERGER E-BOOK OR BOOK OR AUDIO BOOK OR COMIC HAS ITS OWN AGE RATING (E.G., PEGI, ESRB) WHICH MAY DIFFER DEPENDING ON WHERE YOU ARE LOCATED AND WILL BE DISPLAYED WHEN YOU PURCHASE THE E-BOOK OR BOOK OR AUDIO BOOK OR COMIC. YOU SHOULD ONLY READ OUR BOOKS OR E-BOOKS OR COMICS OR LISTEN TO OR AUDIO BOOKS IF YOU MEET THE APPLICABLE MINIMUM AGE RATING. IF YOU ARE ABOVE THE APPLICABLE MINIMUM AGE RATING AND YOU ARE OVER 18 (OR WHATEVER IS THE AGE OF ADULTHOOD IN YOUR COUNTRY), YOU ARE FREE TO EXPERIENCE OUR BOOKS OR E-BOOKS OR AUDIO BOOKS OR COMICS. IF YOU ARE UNDER 18 (OR WHATEVER IS THE AGE OF ADULTHOOD IN YOUR COUNTRY) PLEASE ASK YOUR PARENT OR GUARDIAN TO REVIEW AND APPROVE THIS AGREEMENT ON YOUR BEHALF (BECAUSE IN SOME COUNTRIES PEOPLE UNDER A CERTAIN AGE CANNOT LEGALLY ENTER FULLY INTO CONTRACTS LIKE THIS AGREEMENT), PLUS THEY SHOULD SUPERVISE YOUR USE OF OUR SERVICES, EVEN IF THE AGE RATING FOR A GIVEN GAME OR MOBILE GAME OR MOBILE APP IS LOWER THAN 18 YEAR.

3. CONTENT WARNING
3.1. SOME PETER WEINBERGER SERVICES MAY CONTAIN SCENES, DESCRIPTIONS, PHRASING, DIALOGUE AND IMAGES OF VIOLENCE, SEXUALITY, IMPROPER, POLITICALLY INCORRECT, DRUG USE AND OTHER OFFENSIVE CONTENT THAT SOME MAY FIND DISTURBING. IF YOU ARE SENSITIVE TO SUCH CONTENT OR SUCH CONTENT IS A TRIGGER FOR YOU, PLEASE DON’T PLAY OUR GAME OR MOBILE GAME OR MOBILE OR READ OUR E-BOOK OR BOOK OR COMIC OR LISTEN TO OUR AUDIO BOOK OR USE OUR SERVICES OR BE AWARE OF THIS BEFORE YOU BEGIN PLAYING THE GAME OR MOBILE GAME OR MOBILE APP OR READING THE E-BOOK OR BOOK OR COMIC OR LISTENING TO THE AUDIO BOOK OR USING OUR SERVICES.

4. SEIZURE WARNING
4.1. SOME OF OUR SERVICES, IN PARTICULAR OUR GAMES OR MOBILE GAMES OR MOBILE APPS MAY CONTAIN FLASHING LIGHTS AND IMAGES, WHICH MAY INDUCE EPILEPTIC SEIZURES. IF YOU OR ANYONE IN YOUR HOUSEHOLD HAS AN EPILEPTIC CONDITION, PLEASE CONSULT YOUR DOCTOR BEFORE USING ANY OF OUR SERVICES. IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS WHILE PLAYING, IMMEDIATELY DISCONTINUE USE OF OUR SERVICES, IN PARTICULAR OUR GAMES OR MOBILE GAMES OR MOBILE APPS AND CONSULT YOUR DOCTOR.

5. LICENSE
5.1. PETER GRANTS YOU A LIMITED, PERSONAL, REVOCABLE NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSEABLE LICENSE, NON-ASSIGNABLE LICENSE TO DISPLAY, VIEW, DOWNLOAD, INSTALL, PLAY, READ AND USE PETER WEINBERGER SERVICES (WEBSITES, GAMES, MOBILE GAMES, MOBILE APPS, E-BOOKS, AUDIO BOOKS, BOOKS, COMICS) ON YOUR PERSONAL COMPUTER, CONSOLES AND/OR OTHER DEVICES/PLATFORMS THAT ARE EXPLICITLY AUTHORIZED BY PETER WEINBERGER (WHICH ARE LISTED SEPARATELY FOR EACH GAME, MOBILE APP, MOBILE GAME, AUDIO BOOK, E-BOOK, BOOK, COMIC ON THEIR RESPECTIVE THIRD PARTY WEBSITES) THIS LICENSE IS FOR YOUR PERSONAL USE ONLY, THAT MEANS YOU ARE EXPLICITLY FORBIDDEN TO GIVE, ‘SELL’, LEND, GIFT, ASSIGN, SUB-LICENSE OR OTHERWISE TRANSFER THIS LICENSE TO SOMEONE ELSE AND THIS LICENSE DOES NOT GRANT YOU OWNERSHIP RIGHTS TO PETER WEINBERGER SERVICES. PETER WEINBERGER RETAINS ALL OTHER RIGHTS IN CONNECTION WITH OUR SERVICES AND ALL INTELLECTUAL PROPERTY IN IT.

6. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1. PETER WEINBERGER SERVICES, INCLUDING (BUT NOT LIMITED TO) THEIR VISUAL COMPONENTS, CHARACTERS, STORY LINES, ARTWORK, ANIMATIONS, DESIGNS, ITEMS, MUSIC AND SOUND EFFECTS, DIALOGUE, GRAPHICS, COMPUTER CODE, USER INTERFACE, LOOK AND FEEL, GAME MECHANICS, GAME PLAY, AUDIO, VIDEO, TEXT, LAYOUT, DATABASES, DATA AND ALL OTHER CONTENT AND ALL INTELLECTUAL PROPERTY RIGHTS AND OTHER LEGAL AND EXPLOITATION RIGHTS REGARDING THEM, ARE EITHER OWNED BY US OR WE LICENSE THEM FROM THIRD PARTIES. ALL RIGHTS IN PETER WEINBERGER SERVICES ARE RESERVED. YOU MAY NOT USE OR EXPLOIT ANY PART OF PETER WEINBERGER SERVICES. THE PETER WEINBERGER SERVICES AND THEIR INTELLECTUAL PROPERTY RIGHTS ARE PROTECTED BY COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY LAWS WORLDWIDE. ANY VIOLATION OF OUR RIGHTS WILL PERSECUTED TO THE FULL EXTEND OF THE LAW.

7. THIRD PARTY PROPERTY
7.1. PETER WEINBERGER RESPECTS THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. IF YOU BELIEVE THAT YOUR WORK HAS BEEN INFRINGED IN OR VIA OUR GAMES, BOOKS OR SERVICES OTHER THAN OUR NEWS SECTION LOCATED UNDER THE INTERNET ADDRESS HTTPS://WWW.PETERWEINBERGER.ORG/NEWS, PLEASE FEEL FREE TO CONTACT US DIRECTLY. (OUR UNBIDDEN SUBMISSION POLICY APPLIES).

7.2. NEWS SECTION. THE NEWS SECTION LOCATED UNDER HTTPS://WWW.PETERWEINBERGER.ORG/NEWS MAY CONTAIN INTELLECTUAL PROPERTY SUCH AS IMAGES, VIDEO, AUDITORY OR MATERIAL NOT CREATED BY OR UNDER THE OWNERSHIP OF US. ALL INTELLECTUAL PROPERTY SUCH AS IMAGES, VIDEO, AUDITORY OTHER THAN OUR OWN IS THE PROPERTY OF THIRD PARTIES AND LICENSED FOR THE PURPOSE OF JOURNALISTIC ACTIVITY (E.G. WRITE REVIEWS, OPINION PIECES, ETC.) AND REMAINS PROPERTY OF THIRD PARTIES. IF YOU BELIEVE THAT YOUR WORK HAS BEEN INFRINGED IN OUR NEWS SECTION OR WISH A SPECIFIC REVIEW OF YOUR GAME TO BE REMOVED, PLEASE FEEL FREE TO CONTACT US DIRECTLY. (OUR UNBIDDEN SUBMISSION POLICY DOES NOT APPLY IN THIS CASE).

7.3. FEATURED CONTENT. FROM TIME TO TIME WE MAY FEATURE THIRD PARTY CONTENT ON OUR WEBSITE. ANY SUCH PROMOTION WILL BE INDICATED ON THE PAGE AS SUCH WITH THE ‘THIS IS A PAID PROMOTION’ OR ‘THIS PAGE CONTAINS A PAID PROMOTION’. IN EITHER CASE PETER WEINBERGER DOES NOT CLAIM TO BE THE SOURCE OF SUCH THIRD PARTY CONTENT, NOR CLAIMS OWNERSHIP OVER THIRD PARTY CONTENT PRESENTED IN THIS MANNER AND AS SUCH WE HAVE NO RESPONSIBILITY OVER CONTENT CREATED BY THIRD PARTIES. WE CAREFULLY CURATE ALL CONTENT ON OUR WEBSITE, HOWEVER DUE TO THE EVER CHANGING NATURE OF SOFTWARE (E.G. ‘ABILITY TO UPDATE AND CHANGE IT.’), ALL WE CAN PROVIDE IS A BEST EFFORT. WE WILL REMOVE ANY THIRD PARTY PROMOTION AS SOON AS WE ARE MADE AWARE OF ANY ISSUES IN REGARDS TO IT. IF YOU BELIEVE THAT YOUR WORK HAS BEEN INFRINGED IN OR VIA A THIRD PARTY PROMOTION, OR A THIRD PARTY PROMOTION IS VIOLATING ANY LAWS PLEASE FEEL FREE TO CONTACT US DIRECTLY. (OUR UNBIDDEN SUBMISSION POLICY DOES NOT APPLY IN THIS CASE).

7.4. PURSUANT TO THE PROVISIONS OF SECTION "WORD OF THE DAY" CONTAINED WITHIN THIS WEBSITE, THE USER MAY ACCESS A SERIES OF ELECTRONIC PUBLICATIONS RESEMBLING AN ONLINE MAGAZINE OR WIKI. IT IS HEREBY STATED THAT THE INFORMATION PROVIDED THEREIN IS DERIVED FROM COMMUNITY CONTRIBUTIONS AND AS SUCH, MAY NOT BE CONSIDERED AS ABSOLUTELY ACCURATE OR FACTUAL AT ALL TIMES. WE ENDEAVOR TO MAINTAIN EDITORIAL SUPERVISION OVER THE CONTENT; HOWEVER, CERTAIN INFORMATION MAY BECOME OUTDATED OR INACCURATE. SHOULD THE USER ENCOUNTER ANY ERRORS, A BUG REPORT MAY BE SUBMITTED FOR EXPEDITIOUS RESOLUTION BY US.

8. EARLY/BETA ACCESS
8.1. WE MAY RELEASE ‘ALPHA’ 'BETA' OR ‘EARLY ACCESS’ OR ‘PROTOTYPE’ VERSIONS OF OUR SERVICES BEFORE THEIR FULL COMMERCIAL RELEASE. IF ONE OF OUR SERVICES CLASSIFIES AS SUCH: WE WILL INFORM YOU ABOUT THE STATE OF OUR SERVICES BY LABELING IT AS “ALPHA”, “BETA”,”PROTOTYPE” FOLLOWED BY A DASH FOLLOWED BY A FOUR DIGIT VERSION NUMBER (E. G. ALPHA-0021) YOUR ACCESS TO THESE EARLY VERSIONS WILL USUALLY BE TIME- AND FEATURE-LIMITED. YOU MAY PROBABLY BE ASKED TO PARTICIPATE IN A FEEDBACK PROCESS IN WHICH YOU CAN OFFER INFORMATION ABOUT YOUR EXPERIENCE, (PLEASE READ OUT PRIVACY POLICY FOR FURTHER INFORMATION ABOUT OUR INFORMATION GATHERING, PROCESSING AND STORING PROCESS). PETER WEINBERGER SERVICES WILL BE PROVIDED 'AS IS' WITHOUT ANY ADDITIONAL PROMISES FROM US OR ANY LIABILITY ON US IF THE SOFTWARE ISN'T COMPLETE OR DOESN'T WORK FULLY OR CAUSES ISSUES. YOU RECOGNIZE THAT IT WON'T BE COMPLETE YET AND NEEDS ADDITIONAL WORK, BEFORE IT BECOMES A FULL COMMERCIAL RELEASE. FURTHERMORE THE SERVICE MAY HAVE SPECIFIC LEGAL RULES OF ITS OWN FOR ITS EARLY ACCESS, IF SO PLEASE READ THEM IN ADDITION TO THIS AND OUR OTHER LEGAL DOCUMENTS.

8.2. FROM TIME TO TIME SOME OF OUR ‘ALPHA’ 'BETA' OR ‘EARLY ACCESS’ OR ‘PROTOTYPE’ VERSIONS OF OUR SERVICES MAY BE AVAILABLE VIA A THIRD-PARTY PROVIDER NAMED PATREON LOCATED UNDER PATREON PLEASE NOTE THAT ANY LICENCE OF OUR ALPHA’ 'BETA' OR ‘EARLY ACCESS’ OR ‘PROTOTYPE’ VERSIONS OF OUR SERVICES YOU MAY FACILITE VIA A DIGITAL DOWNLOAD THROUGH PATREON IS FIRSTLY USED EXPLICITLY AND COMPLETELY USED AT YOUR OWN RISK AS DEFINED IN 8.1. AND SECONDLY ANY PAYMENT THAT PROCEEDED THE ACCESS TO SAID 'ALPHA’ 'BETA' OR ‘EARLY ACCESS’ OR ‘PROTOTYPE’ VERSIONS OF OUR SERVICES IS NOT A DIRECT PAYMENT FOR SAID SERVICES AND NEITHER FUNCTIONS IN LIEU OF THE ACQUISITION FEE FOR A LICENCE, BUT IS A VOLUNTARILY GIVEN NON-DEDUCTIBLE, NON-REFUNDABLE OFFERING WITH THE SOLE INTENTION TO SUPPORT THE ARTIST PETER WEINBERGER, WITHOUT RESULTING IN ANY OBLIGATION FOR THE ARTIST TO THE GIVER OF SAID CONTRIBUTION AS IN GREATER DETAILS SPECIFIED BY THE POLICIES OF PATREON, WHICH YOU MAY FIND HERE: PATREON POLICIES

9. MINIMUM REQUIREMENTS
9.1. EACH PETER WEINBERGER SERVICE WILL HAVE MINIMUM REQUIREMENTS DEPENDING ON YOUR CHOSEN DEVICE/SYSTEM/PLATFORM (E.G. ON THIRD PARTY VENDOR PAGES). PLEASE MAKE SURE YOUR SYSTEM MEETS THESE REQUIREMENTS (BEFORE BUYING ANY GAMES OR MOBILE GAMES OR MOBILE APPS). WE DO NOT INCLUDE ANY DRM IN OUR GAMES OR MOBILE GAMES OR MOBILE APPS OURSELVES, BUT SOME CONSOLE/DEVICE MANUFACTURERS OR VENDORS USE SECURITY/DRM TECHNOLOGY WHICH IS OUTSIDE OF OUR CONTROL.

10. USER CONDUCT
10.1. THE FOLLOWING PERMISSIONS LAY OUT WHAT YOU CAN DO WITH OUR SERVICES AND THESE PERMISSIONS ARE GRANTED TO YOU IN GOOD FAITH, WE RESERVE THE RIGHT TO REVOKE THEM AT ANY TIME FOR ANY REASON WITHOUT NOTICE TO YOU, IF WE DEEM NECESSARY. FAILURE TO FOLLOW THE RULES WILL BE CONSIDERED A ‘MATERIAL BREACH’ OF THESE TERMS AND CONDITIONS, WHICH COULD LEAD TO SUSPENSION AND/OR TERMINATION OF YOUR ACCESS TO THE OUR SERVICES. FURTHERMORE IN PARTICULARLY GRIEVOUS CASES WE RETAIN THE RIGHT TO PROHIBIT YOUR FUTURE ACCESS TO THE OUR SERVICES (“BLACKLISTED”). PLEASE FOLLOW THESE RULES REGARDING OUR SERVICES. IF YOU’RE INTERESTED IN MAKING FAN CONTENT, YOU SHOULD ALSO READ OUR CREATOR GUIDELINES.

10.2. YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS WHEN USING THE OUR SERVICES.

10.3 YOU AGREE TO NOT ATTEMPT TO COPY, RENT, BUY, SELL, LEND, SHARE, LEASE, SUB LICENSE, TRANSFER, DISTRIBUTE, PUBLISH OR PUBLICLY DISPLAY OUR SERVICES OR ANY OF YOUR RIGHTS DISCLOSED WITHIN THESE TERMS AND CONDITIONS IN ANY WAY NOT EXPRESSLY AUTHORIZED WITHIN THESE TERMS AND CONDITIONS.

10.4. YOU AGREE TO NOT STEAL OR MISAPPROPRIATE GAME KEYS/CODES, DISCOUNT COUPONS, E-BOOKS, AUDIO BOOKS, IN-GAME-CURRENCY, DIGITAL OR PHYSICAL GAME OR MOBILE GAME OR MOBILE APP AND BOOK DISTRIBUTIONS (DRM FREE OR OTHERWISE) (ALL OF WHICH REMAIN OUR PROPERTY). IF YOU ARE CONCERNED THAT ANY OF THIS HAS HAPPENED TO YOU, FEEL FREE TO CONTACT US, IF YOU MUST (THE TERMS OF OUR UNBIDDEN SUBMISSION POLICY FULLY APPLY).

10.5. UNLESS YOU HAVE PRIOR OUR PRIOR WRITTEN PERMISSION YOU AGREE NOT TO MODIFY, MERGE, DISTRIBUTE, TRANSLATE, REVERSE ENGINEER, OR ATTEMPT TO OBTAIN OR USE SOURCE CODE OF, DECOMPILE, RECOMPILE OR DISASSEMBLE OUR SERVICES – UNLESS YOU’RE SPECIFICALLY ALLOWED BY THIS AGREEMENT OR APPLICABLE LAW. IF APPLICABLE LAW GRANTS YOU AN EXCEPTION TO HIS PARAGRAPH YOU HEREBY AGREE NOT TO ABUSE THIS RIGHT IN ANY WAY TO ACHIEVE ANY MONETARY GAINS, EITHER DIRECTLY OF INDIRECTLY IN ANY MANNER OR WAY HARMFUL TO US OR OTHER PEOPLE.

10.6. YOU AGREE TO USE OUR SERVICES EXCLUSIVELY FOR YOUR PERSONAL ENJOYMENT AND NOT FOR ANY COMMERCIAL PURPOSES, UNLESS EXPLICITLY PERMITTED OTHERWISE IN OUR CREATOR GUIDELINES.

10.7. YOU AGREE NOT CREATE, USE, MAKE AVAILABLE AND/OR DISTRIBUTE SECONDARY CHEAT SOFTWARE. BY SECONDARY CHEAT SOFTWARE WE MEAN SOFTWARE AND METHODS LIKE EXPLOITS, AUTOMATION SOFTWARE, ROBOTS, SPOILERS, BOTS, HACKS, SPIDERS, SPYWARE, SCRIPTS, TRAINERS, EXTRACTION TOOLS OR ANY OTHER SOFTWARE THAT CAN INTERACT WITH OR AFFECT THE OUR SERVICES IN ANY WAY NOT EXPLICITLY ALLOWED WITHIN THESE TERMS AND CONDITIONS, THIS INCLUDES ANY UNAUTHORIZED THIRD PARTY PROGRAMS THAT COLLECT INFORMATION ABOUT THE OUR SERVICES BY READING AREAS OF MEMORY USED BY THE OUR SERVICES TO STORE INFORMATION. YOU ARE HOWEVER ALLOWED TO USE PRIMARY CHEATS. BY PRIMARY CHEATS WE MEAN ACCESS CODES TO LEVELS WITHIN OUR GAMES OR MOBILE GAMES INTELLIGENT USE OF GAME FUNCTIONALITY, THAT HAS BEEN PART OF THE CORE FUNCTIONALITY OF A GAME OR MOBILE GAME IN THE STATE IT WAS DELIVERED TO YOU, UNDER THE CONDITION THAT IT DOES NOT NEGATIVELY EFFECT THE ENJOYMENT OF OUR SERVICES OF OTHER PLAYERS IN ANY WAY (E.G. GAINING AN UNFAIR ADVANTAGE IN MULTIPLAYER EXPERIENCES OF OUR SERVICES).

10.8. YOU AGREE NOT DELIBERATELY OR MALICIOUSLY INTERRUPT OR INTERFERE WITH OUR SERVICES OR IMPERSONATE US.

10.9. YOU AGREE NOT TO DELIBERATELY OR MALICIOUSLY INTERFERE WITH, DISRUPT OR ACCESS RESTRICTED AREAS OF OUR SERVICES IN PARTICULAR ON PETERWEINBERGER.ORG, IN OUR GAMES OR MOBILE GAMES OR MOBILE APPS, OR THIRD PARTY NETWORK SOFTWARE OR SERVERS, INCLUDING VIA TUNNELING, CODE INJECTION OR INSERTION, DENIAL OF SERVICE, MODIFYING OR CHANGING THE SOFTWARE, USING ANY OTHER SIMILAR SOFTWARE TOGETHER WITH OUR SERVICES, THROUGH PROTOCOL EMULATION, OR THROUGH CREATION OR USE OF PRIVATE SERVERS OR ANY ANALOGOUS SYSTEMS AND SERVICES REGARDING OUR SERVICES.

10.10. YOU AGREE NOT TO USE “PETER WEINBERGER” OR OUR GAME NAMES, MOBILE GAME NAMES, MOBILE APP NAMES, BOOK NAMES, E-BOOK NAMES, AUDIO BOOK NAMES, SERVICE NAMES OR NAMES CONTAINED THEIR IN OR LOGOS OR TRADEMARKS FOR ANY UNAUTHORIZED PURPOSES, WITHOUT PRIOR WRITTEN PERMISSION BY US.

10.11. YOU AGREE NOT TO DO ANYTHING IN CONNECTION WITH THE OUR SERVICES THAT INFRINGES ANY COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, PRIVACY, PUBLICITY, OR OTHER RIGHTS.

10.12. YOU AGREE NOT TO INTERCEPT, MINE OR OTHERWISE COLLECT PERSONAL OR CONFIDENTIAL DATA OR INFORMATION FROM THE OUR SERVICES.

10.13. YOU AGREE THAT THE TERMS OF OUR UNBIDDEN SUBMISSION POLICY APPLY TO ALL FORMS OR COMMUNICATION BETWEEN YOU AND PETER WEINBERGER AND THAT IF YOU COMMUNICATE WITH PETER WEINBERGER IN ANY WAY OR FORM YOU AGREE TO BE BOUND BY OUR UNBIDDEN SUBMISSION POLICY. THE ACT OF COMMUNICATION WITH PETER WEINBERGER SHALL SIGNIFY YOUR ACCEPTANCE OF OUR UNBIDDEN SUBMISSION POLICY, UNLESS EXPLICITLY STATED OTHERWISE. PETER WEINBERGER RESERVES THE RIGHT TO GRANT EXCEPTIONS TO OUR UNBIDDEN SUBMISSION POLICY WITHOUT ANY NOTIFICATION TO YOU.

10.14. YOU AGREE TO FOLLOW ANY APPLICABLE GEOGRAPHIC OR REGIONAL, LANGUAGE OR LOCATION-BASED RESTRICTIONS, REQUIREMENTS OR RULES REGARDING THE OUR SERVICES.

10.15. YOU AGREE NOT TO DO OR SAY ANYTHING OR USE THE OUR SERVICES IN ANY WAY THAT IS OR MAY BE CONSIDERED RACIST, HARASSING, XENOPHOBIC, SEXIST, DISCRIMINATORY, ABUSIVE, DEFAMATORY OR OTHERWISE OFFENSIVE OR ILLEGAL. BE NICE TO EACH OTHER, PLEASE!

10.16. YOU AGREE NOT TO UPLOAD ANY FILES THAT CONTAIN ANY MALICIOUS CODE, INCLUDING VIRUSES, SPYWARE, TROJAN HORSES, WORMS, TIME BOMBS, INTENTIONALLY CORRUPTED DATA, ANY OTHER FILES THAT CONTAIN MALICIOUS CODE OR THAT MAY IN ANY WAY DAMAGE OR INTERFERE WITH THE OPERATION OF THE OUR SERVICES.

10.17. SOME OF OUR SERVICES HAVE THEIR OWN LEGAL RULES WHICH SUPPLEMENT THIS AGREEMENT YOU AGREE TO READ THEM TO FIND OUT MORE ABOUT WHAT YOU SHOULD NOT DO WITH A GIVEN SERVICE.

11. FAN CONTENT AND CONTENT CREATION
11.1. PLEASE REFER TO OUR CREATOR GUIDELINES LOCATED AT ‘HTTPS://WWW.PETERWEINBERGER.ORG/CG.HTML’ FOR INFORMATION ON WHEN/HOW YOU CAN MAKE COMMUNITY-GENERATED CONTENT FOR OUR SERVICES. ANY COMMUNITY-GENERATED CONTENT IN RELATION TO OUR SERVICES (“FAN CONTENT”) CAN BE PUBLIC IMAGES, VIDEOS, DRAWINGS, FORUM POSTS, COMMENTS, LIVE STREAMS AND RECORDINGS THEREOF, SKETCHES, MEMES, COSPLAYS, SOCIAL MEDIA POSTS, SOCIAL MEDIA COMMENTS, USER REVIEWS, MINIATURE FIGURINES OR ANY OTHER CREATIVE ENDEAVOR (ALL OF THE FOREGOING “FAN CONTENT”) AND HOW WE TREAT SUCH CONTENT WHEN IT COMES TO OWNERSHIP AND LICENSING.

11.2. PETER GRANTS YOU THE LIMITED RIGHT TO BROADCAST YOUR USAGE AND EXPERIENCE OF THE GAME OR MOBILE GAME OR MOBILE APP ONLINE (“STREAMING”) OR IN FORM OF A PREVIOUSLY RECORDED VIDEO, MADE PUBLIC TO AT A LATER DATE ON A DISTRIBUTION CHANNEL YOU OWN AND MAINTAIN (E.G. “YOUTUBE-CHANNEL,” “TWITCH-CHANNEL”, “FACEBOOK-LIVESTREAM”), ANY MONEY GAINED DURING THE BROADCAST EITHER BY “DONATIONS” OR “AD-REVENUE” IS SUBJECT TO YOUR OWN VOLITION. YOU ARE NOT ALLOWED TO MONETIZE FAN CONTENT IN ANY OTHER WAY.

11.3. YOU ARE NOT ALLOWED TO SELL, BUY, RENT, LICENSE, SUB-LICENSE, LEASE, USE TO TRAIN MACHINE LEARNING TECHNOLOGY, USE TO TRAIN ARTIFICIAL INTELLIGENCE, USE IN ANY FORM OF BARTERING, LOAN, ANY FAN CONTENT TO ANYONE ANYWHERE.

11.4. YOU ARE NOT ALLOWED TO CREATE ANY FAN CONTENT, THAT MIGHT BE CONSIDERED WITHIN THE SAME PRODUCT CATEGORY AS A COMPETING PRODUCT AS ANY PETER WEINBERGER SERVICES (E.G. E-BOOKS, AUDIO BOOKS, COMICS, GAMES, MOBILE APPS, MOBILE GAMES, HTML5-GAMES, ETC.).

11.5 YOU AGREE TO PERMANENTLY AND IRREVOCABLY REMOVE, DELETE AND DESTROY ANY FAN CONTENT AND ALL COPIES THEREOF UPON NOTICE BY PETER WEINBERGER OR LEGAL REPRESENTATIVES. PETER WEINBERGER RESERVES THE RIGHT TO DETERMINE WHAT CONSTITUTES AS FAN CONTENT ON A PER CASE BASIS.

11.6. ANY FAN CONTENT YOU CREATE FROM THE MOMENT OF THEIR CREATION AND THEIR CONTENTS ALONG WITH RELATED INTELLECTUAL PROPERTY RIGHTS AND COMMERCIAL RIGHTS WILL AUTOMATICALLY BECOME EXCLUSIVELY IN PERPETUITY, IRREVOCABLE, WORLDWIDE, SUB-LICENSABLE, ROYALTY-FREE, PERMANENT LICENSED TO PETER WEINBERGER, TO USE, MODIFY, REPRODUCE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, EXPLOIT, TRANSMIT, PERFORM AND COMMUNICATE YOUR FAN CONTENT IN CONNECTION WITH OUR SERVICES, WITHOUT ANY COMPENSATION TO YOU.

11.7. FURTHERMORE PETER SHALL HAVE THE UNLIMITED RIGHT TO COPY, REPRODUCE, FIX, MODIFY, ADAPT, TRANSLATE, REFORMAT, PREPARE DERIVATIVES, ADD TO AND DELETE FROM, REARRANGE AND TRANSPOSE, MANUFACTURE, PUBLISH, DISTRIBUTE, SELL, LICENSE, SUB-LICENSE, TRANSFER, RENT, LEASE, TRANSMIT, PUBLICLY DISPLAY, PUBLICLY PERFORM, PROVIDE ACCESS TO, BROADCAST, AND PRACTICE ANY FAN CONTENT AS WELL AS ALL MODIFIED AND DERIVATIVE WORKS THEREOF AND ANY AND ALL ELEMENTS CONTAINED THEREIN, AND USE OR INCORPORATE A PORTION OR PORTIONS OF THE USER CONTENT OR THE ELEMENTS THEREOF IN CONJUNCTION WITH OR INTO ANY OTHER MATERIAL WITH OR WITHOUT NOTICE, COMPENSATION OR ATTRIBUTION TO YOU.

11.8. PETER WEINBERGER IS NOT RESPONSIBLE AND SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES WHATSOEVER IN CONNECTION WITH FAN CONTENT OR CAUSED BY FAN CONTENT LOSS OR DAMAGE ARISING OUT OF YOUR USE OF, OR INABILITY TO ACCESS OR USE OF FAN CONTENT. YOU HEREBY EXPLICITLY AGREE TO COVER THE FULL EXTENT OF ANY COSTS, THAT MAY OR MAY NOT RESULT FROM ANY CLAIM, LIABILITY, LOSSES, INJURIES, DAMAGES, COSTS OR EXPENSES THAT HAPPEN AS AS A CONSEQUENCE OF CREATING ANY FAN CONTENT. YOU AGREE THAT YOU CREATE FAN CONTENT COMPLETELY AT YOUR OWN RISK.

11.9. YOU MUST NOT CREATE ANY FAN CONTENT OR SAY OR DO ANYTHING REGARDING OUR SERVICES AND INTELLECTUAL PROPERTY THAT IS OR MAY BE CONSIDERED RACIST, XENOPHOBIC, SEXIST, DEFAMATORY, POLITICAL, ILLEGAL OR OFFENSIVE, OR ANYTHING THAT COULD HARM PETER WEINBERGER, PETER WEINBERGER INTELLECTUAL PROPERTY, OUR USERS, OTHER HUMANS OR ANIMALS IN ANY WAY.

11.10. YOU UNDERSTAND THAT FAN CONTENT IS CREATED BY YOU, BUT WE STILL OWN THE RIGHTS TO OUR INTELLECTUAL PROPERTY, INCLUDING (BUT NOT LIMITED TO) THEIR VISUAL COMPONENTS, CHARACTERS, STORY LINES, ARTWORK, ANIMATIONS, DESIGNS, ITEMS, MUSIC AND SOUND EFFECTS, DIALOGUE, GRAPHICS, COMPUTER CODE, USER INTERFACE, LOOK AND FEEL, GAME MECHANICS, GAME PLAY, AUDIO, VIDEO, TEXT, LAYOUT, DATABASES, DATA AND ALL OTHER CONTENT AND ALL INTELLECTUAL PROPERTY RIGHTS AND OTHER LEGAL AND EXPLOITATION RIGHTS REGARDING THEM, ARE EITHER OWNED BY US OR WE LICENSE THEM FROM THIRD PARTIES. ALL RIGHTS IN PETER WEINBERGER SERVICES ARE RESERVED. YOU MAY NOT USE OR EXPLOIT ANY PART OF PETER WEINBERGER SERVICES. THE PETER WEINBERGER SERVICES AND THEIR INTELLECTUAL PROPERTY RIGHTS ARE PROTECTED BY COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY LAWS WORLDWIDE. ANY VIOLATION OF OUR RIGHTS WILL PERSECUTED TO THE FULL EXTEND OF THE LAW.

11.11 YOU ARE EXPLICITLY FORBIDDEN TO USE ANY PART OF OUR INTELLECTUAL PROPERTY TO TRAIN ARTIFICIAL INTELLIGENCE OR MACHINE LEARNING TECHNOLOGY WITHOUT PRIOR WRITTEN PERMISSION.

11.11.1 ARTIFICIAL INTELLIGENCE OR MACHINE LEARNING TECHNOLOGY CONSTITUTES NOT ONLY THE PUBLICLY ACCEPTED DEFINITION WHAT ARTIFICIAL INTELLIGENCE OR MACHINE LEARNING TECHNOLOGY IS, BUT ALSO WITHIN THE SCOPE OF THIS DOCUMENT ANY GATEWAY, ENTITY, AUTONOMOUS AGENT, TECHNOLOGICAL SYSTEM, SOFTWARE OR ALGORITHM IN DIGITAL, MECHANICAL, BIOLOGICAL, MENTAL, THEORETICAL, ENERGETIC, SPIRTUAL OR PHYSICAL FORM THAT DOES NOT CONSTITUTE A HUMAN, ANIMAL OR PLANT AND THAT CAN, PRODUCE, COMMUNICATE, INFLUENCE, AID, DECIDE OR PROCESS AND REARRANGE ANY FORM OF DATA WITHOUT SPECIFIC USER INPUT ACCORDING TO STATISTICAL DATA MODELS OR ACCORDING TO PRE-EXISTING RULES AND PARAMETERS OR WITH MINIMAL USER INPUT, SUCH AS PROMPTS IN TEXTUAL, IMAGINARY, AUDITORY, VISUAL OR MENTAL FORM.

11.11.2 YOU UNDERSTAND AND EXPLICITLY AGREE THAT ANY VIOLATION OF ARTICLE 11.11 REQUIRES YOU TO FORFEIT AND TRANSFER YOUR OWNERSHIP OF YOUR ARTIFICIAL INTELLIGENCE OR MACHINE LEARNING TECHNOLOGY TO PETER WEINBERGER EFFECTIVE IMMEDIATELY THE MOMENT THE VIOLATION OCCURRED WITHOUT ANY COMPENSATION TO YOU.

11.11.3 YOU UNDERSTAND AND EXPLICITLY AGREE THAT IN THE CASE OF A VIOLATION OF 11.11 ALL OUTPUT BY AN ARTIFICIAL INTELLIGENCE OR A MACHINE LEARNING THAT HAS BEEN TRAINED THROUGH THE ILLEGAL USE OF OUR INTELLECTUAL PROPERTY IN PART OR IN FULL BECOMES AUTOMATICALLY FAN CONTENT AS STIPULATED IN THIS DOCUMENT.

11.11.4 IF A VIOLATION OF THESE TERMS AND CONDITIONS IN RELATION TO MACHINE LEARNING OR ARTIFICIAL INTELLIGENCE TECHNOLOGY WAS NOT CAUSED BY YOUR DIRECT MALICIOUS ACTION, CALLOUS NEGLIGENCE OR GROSS INCOMPETENCE, BUT BY THE USERS OF YOUR MACHINE LEARNING OR ARTIFICIAL INTELLIGENCE TECHNOLOGY YOU ARE NOT REQUIRED TO FORFEIT AND TRANSFER OWNERSHIP OF YOUR ARTIFICIAL INTELLIGENCE OR MACHINE LEARNING TECHNOLOGY AS STIPULATED IN ARTICLE 11.11.2 IF YOU DELETE ALL OF OUR INTELLECTUAL PROPERTY FROM YOUR MACHINE LEARNING OR ARTIFICIAL INTELLIGENCE TECHNOLOGY AND RESET YOUR MACHINE LEARNING OR ARTIFICIAL INTELLIGENCE TO A STATE PRIOR TO THE POINT IN TIME, BEFORE IT WAS TRAINED WITH OUR INTELLECTUAL PROPERTY AND IMPLEMENT TECHNOLOGICAL SAFEGUARDS TO AVOID FURTHER VIOLATIONS BY YOUR USERS. ALL OUTPUT BY YOUR ARTIFICIAL INTELLIGENCE OR A MACHINE LEARNING TECHNOLOGY, THAT HAS BEEN TRAINED THROUGH THE ILLEGAL USE OF OUR INTELLECTUAL PROPERTY IN PART OR IN FULL, FROM THE MOMENT THE VIOLATION OCCURRED UNTIL THE MOMENT IN TIME YOU PURGED OUR INTELLECTUAL PROPERTY FROM YOUR ARTIFICIAL INTELLIGENCE OR A MACHINE LEARNING TECHNOLOGY, DELETED ALL DATA MODELS THAT RESULTED DURING THE ILLEGAL USE OF OUR INTELLECTUAL PROPERTIES AND RESET YOUR ARTIFICIAL INTELLIGENCE OR A MACHINE LEARNING TECHNOLOGY TO A STATE PRIOR TO THE MOMENT IN TIME THE VIOLATION OCCURRED, BECOMES AUTOMATICALLY FAN CONTENT AS STIPULATED IN THIS DOCUMENT.

12. INDEMNIFY
12.1. YOU HEREBY AGREE TO DEFEND AND INDEMNIFY PETER WEINBERGER AND AFFILIATES AGAINST AND FROM ANY DIRECT OR INDIRECT CLAIMS BY YOU OR THIRD PARTY CLAIMS, LIABILITIES, LOSSES, INJURIES, DAMAGES, COSTS OR EXPENSES INCURRED BY PETER WEINBERGER ARISING OUT OF OR FROM ANY VIOLATION BY YOU OF THIS AGREEMENT OR YOUR MISUSE OF THE GAME OR MOBILE GAME OR MOBILE APP, BOOK, E-BOOK, OR OF ANY SPECIFIC PETER WEINBERGER SERVICES OR FEATURES ASSOCIATED THEREWITH, INCLUDING BUT NOT LIMITED TO USER CONTENT, CUSTOM GAMES, GAME EDITORS, AND THIS AGREEMENT.

13. BENEFICIARY LEGAL INTERPRETATION
13.1. IF THERE ARE ANY CONTRADICTIONS OR MISSING LEGAL ASPECTS BETWEEN OUR TERMS AND CONDITIONS AND PRIVACY POLICY AND THE LAWS OF AUSTRIA; THE LAWS OF AUSTRIA SUPERSEDE OUR LEGAL DOCUMENTS UNLESS A LEGAL INTERPRETATION OF THE LAWS OF AUSTRIA AND OUR LEGAL DOCUMENTS IS SOLELY BENEFICIAL TO PETER WEINBERGER, IN WHICH CASE YOU AGREE TO ACT IN ACCORDANCE WITH THE LAWS OF AUSTRIA AND OUR LEGAL DOCUMENTS SOLELY TO THE BENEFIT OF PETER WEINBERGER AND NO OTHER PARTY.

14. TRANSFER
14.1. WE CAN ASSIGN, SUBCONTRACT OR TRANSFER THIS AGREEMENT TO A THIRD PARTY OR ANOTHER MEMBER OF OUR GROUP IF NECESSARY FOR THE SUPPORT OF OUR SERVICES, AS PART OF ANY REORGANIZATION OR MERGER OR FOR OTHER BUSINESS REASONS. WE WILL NOTIFY YOU THIRTY DAYS IN ADVANCE IF THIS HAPPENS.

15. REFUND POLICY IN RELATION TO THIRD PARTY VENDORS
15.1. AT THIS POINT IN TIME WE DO NOT SELL ANY OF OUR SERVICES DIRECTLY TO CUSTOMERS, THUS WE CANNOT OFFER ANY REFUNDS. ALL OF OUR SERVICES ARE LICENSED TO THIRD PARTY VENDORS, WITH THEIR OWN SYSTEMS, PROCESSES AND VENUES, WHICH WE HAVE NO CONTROL OVER. THEY HANDLE THE ENTIRE DISTRIBUTION AND SALES PROCESS INCLUDING PAYMENT PROCESSING AND HAVE THEIR OWN REFUND POLICIES. IF YOU ENCOUNTER A PROBLEM WITH ONE OF OUR SERVICES, PLEASE CONTACT THE VENDOR IN QUESTION, FROM WHICH YOU PURCHASED ONE OF OUR SERVICES DIRECTLY IN REGARDS TO ANY SALES RELATED PROBLEMS YOU MIGHT ENCOUNTER.

15. REFUND POLICY IN RELATION TO THIRD PARTY VENDORS
15.1. AT THIS POINT IN TIME WE DO NOT SELL ANY OF OUR SERVICES DIRECTLY TO CUSTOMERS, THUS WE CANNOT OFFER ANY REFUNDS. ALL OF OUR SERVICES ARE LICENSED TO THIRD PARTY VENDORS, WITH THEIR OWN SYSTEMS, PROCESSES AND VENUES, WHICH WE HAVE NO CONTROL OVER. THEY HANDLE THE ENTIRE DISTRIBUTION AND SALES PROCESS INCLUDING PAYMENT PROCESSING AND HAVE THEIR OWN REFUND POLICIES. IF YOU ENCOUNTER A PROBLEM WITH ONE OF OUR SERVICES, PLEASE CONTACT THE VENDOR IN QUESTION, FROM WHICH YOU PURCHASED ONE OF OUR SERVICES DIRECTLY IN REGARDS TO ANY SALES RELATED PROBLEMS YOU MIGHT ENCOUNTER.

15.2 CERTAIN SECTIONS OF OUR WEBSITE MAY INCORPORATE THIRD-PARTY SERVICES IN THE FORM OF WIDGETS CONTAINED WITHIN IFRAMES, SUCH AS THE "HUMBLEWIDGET" PROVIDED BY HUMBLE BUNDLE, INC. OR THE "ITCH.IO WIDGET" PROVIDED BY ITCH CORP. YOU CAN USE THESE WIDGETS TO ACQUIRE A LICENCE FOR THE USE OF SOME OF OUR SERVICES, SUCH AS GAMES. HOWEVER IT IS IMPORTANT TO NOTE, THAT WHEN USING THESE WIDGETS YOU ARE NOT ACQUIRING A LICENCE FOR GAMES OR E-BOOKS DIRECTLY FROM US, BUT FROM THIRD PARTY VENDORS WHO ACT AS THE MERCHANT AND TAKE CARE OF THE ENTIRE PAYMENT AND DISTRIBUTION PROCESS. PLEASE DIRECT ANY QUESTIONS, PROBLEMS OR COMPLAINTS ABOUT THE PAYMENT PROCESS, REFUNDS OR THE DISTRIBUTION PROCESS SUCH AS ORDER FULFILLMENT DIRECTLY AT THEM AS WE DO NOT HAVE ANY CONTROL OVER THIRD-PARTY SYSTEMS AND SERVICES. WHILE THE UTILIZATION OF THESE WIDGETS IS NOT MANDATORY FOR THE REGULAR FUNCTIONING OF THE SITE, LIKE VIEWING IT IN A WEB BROWSER, IT'S IMPORTANT TO BE AWARE THAT THEY MAY GATHER PERSONAL DATA THROUGH THE USE OF THIRD-PARTY COOKIES AND THE COLLECTION AND TRANSMISSION OF FINANCIAL INFORMATION UPON INTERACTION WITH THEM. PLEASE NOTE THAT THESE WIDGETS AND THIRD-PARTY COOKIES ARE NOT PART OF PETER WEINBERGER SERVICES, BUT ARE SERVICES PROVIDED, MAINTAINED AND UNDER THE CONTROL OF HUMBLE BUNDLE, INC. OR ITCH CORP. RESPECTIVELY. AS WE LACK CONTROL OVER THIRD-PARTY SYSTEMS AND SERVICES, WE STRONGLY ENCOURAGE YOU TO REFER TO THE THIRD-PARTY TERMS AND CONDITIONS AND PRIVACY POLICIES FOR ANY INQUIRIES RELATED TO DATA COLLECTION, PROCESSING, AND STORAGE. SHOULD YOU HAVE ANY QUESTIONS REGARDING THESE "WIDGETS" AND HOW TO INTERACT WITH THEM, PLEASE REACH OUT TO THE RESPECTIVE THIRD-PARTY PROVIDERS DIRECTLY. YOU CAN FIND THE RELEVANT DOCUMENTS HERE:

FOR ITCH CORP.:
ITCH CORP TERMS
ITCH CORP PRIVACY-POLICY

FOR HUMBLE BUNDLE, INC.:
HUMBLE BUNDLE INC. TERMS
HUMBLE BUNDLE INC. PRIVACY-POLICY
HUMBLE BUNDLE INC. LEGAL

15.3. VIRTUAL GOODS AND ITEMS
15.3.1. OUR GAMES OR MOBILE GAMES OR MOBILE APPS MAY OR MAY NOT INCLUDE VIRTUAL GOODS AND ITEMS (E.G. "STARS", "CRYSTALS", "MONSTERS" ETC...), DEPENDING ON THE TYPE AND SCOPE OF THE GAME OR MOBILE GAME OR MOBILE APP, IN THE FROM OF IMAGES OR ICONS DISPLAYED ON THE SCREEN AND IN-GAME VARIABLES WITH NUMERICAL VALUES ASSOCIATED TO THEM. A LICENCE, AS SPECIFIED IN SECTION 5.1. OF THIS DOCUMENT TO USE THOSE VIRTUAL GOODS AND ITEMS AS PART OF THE FUNCTIONALITY OF OUR SERVICES, MAY BE PURCHASED USING AUTHORIZED THIRD PARTY VENDORS, THEIR PLATFORMS, THEIR SYSTEMS AND THEIR SERVICES FOR THE USE WITH OUR GAMES OR MOBILE GAMES OR MOBILE APPS TO UNLOCK PARTS OF FUNCTIONALITY WITHIN OUR GAMES OR MOBILE GAMES OR MOBILE APPS PERMANENTLY, TEMPORARY OR ON A REOCCURRING MONTHLY BASIS. TO BENEFIT FROM OR THROUGH THE USE OF VIRTUAL GOODS AND ITEMS IN OUR GAMES OR MOBILE GAMES OR MOBILE APPS YOU MAY FIRST HAVE TO REACH A CERTAIN LEVEL OR PROGRESS TO A CERTAIN POINT WITHIN THE VIRTUAL GAME ENVIRONMENT.

15.3.2. YOU AGREE THAT THE VIRTUAL GOODS AND ITEMS ONCE PURCHASED FROM OUR THIRD PARTY AUTHORIZED VENDORS, THEIR PLATFORMS, THEIR SYSTEMS AND THEIR SERVICES HAVE NO REAL MONETARY VALUE AND CAN NEVER BE EXCHANGED FOR REAL MONEY, REAL GOODS OR REAL SERVICES FROM US OR ANYONE ELSE. YOU AGREE THAT VIRTUAL GOODS AND ITEMS ARE NOT TRANSFERABLE TO ANYONE ELSE, NOT TRANSFERABLE BEYOND THE GAME OR MOBILE GAME OR MOBILE APP OR LEGAL ACQUIRED COPIES OF THE GAME OR MOBILE GAME OR MOBILE APP BY OTHER PLAYERS OR USERS AND YOU WILL NOT TRANSFER OR ATTEMPT TO TRANSFER ANY VIRTUAL GOODS AND ITEMS TO ANYONE ELSE, UNLESS EXPLICITLY MADE POSSIBLE BY THE CORE FUNCTIONALITY OF THE GAME OR MOBILE GAME OR MOBILE APP.

15.3.3. YOU DO NOT OWN VIRTUAL GOODS AND ITEMS, WE RETAIN ALL RIGHTS TO THOSE VIRTUAL GOODS AND ITEMS AS THEY ARE PART OF THE GAME OR MOBILE GAME OR MOBILE APP AS SPECIFIED IN SECTION 6.1. OF THIS DOCUMENT, BUT INSTEAD THROUGH THE PURCHASE OF YOUR LICENCE FROM OUR THIRD PARTY AUTHORIZED VENDORS, THEIR PLATFORMS, THEIR SYSTEMS AND THEIR SERVICES YOU WILL UNLOCK THE CAPACITY TO FACILITATE VIRTUAL GOODS AND ITEMS WITHIN THE GAME OR MOBILE GAME OR MOBILE APP AS SPECIFIED WITHIN THE CONTEXT OF THE GAME OR MOBILE GAME OR MOBILE APP AND ITS FUNCTIONALITY. ANY VIRTUAL GOODS AND ITEMS DO NOT REFLECT ANY REAL WORLD VALUE.

15.3.4. WE DO NOT SELL ANY VIRTUAL GOODS AND ITEMS DIRECTLY. ALL SALES AND PAYMENT PROCESSING IS CONDUCTED BY THIRD PARTIES AND THEIR TERMS AND CONDITIONS APPLY. IF YOU LIVE IN THE EUROPEAN UNION YOU HAVE CERTAIN RIGHTS TO WITHDRAW FROM DISTANCE PURCHASES; PLEASE CONTACT AUTHORIZED THIRD PARTY VENDORS, IF YOU ENCOUNTER ANY PROBLEMS, HAVE QUESTIONS OR ARE UNHAPPY WITH ANY PURCHASES OF VIRTUAL GOODS AND ITEMS.

15.3.5. IF YOU DELETE OR REINSTALL THE GAME OR MOBILE GAME OR MOBILE APP DEPENDING ON THE THIRD PARTY SYSTEMS, YOUR DEVICES AND CONFIGURATION OF THE THIRD PARTY VENDOR, THEIR SYSTEMS YOU MAY OR MAY NOT LOSE ACCESS TO ALL VIRTUAL GOODS AND ITEMS PREVIOUSLY PURCHASED FROM THEM. THE DATA ASSOCIATED WITH VIRTUAL GOODS AND ITEMS IS EITHER STORED LOCALLY ON YOUR DEVICE OR ON THE SYSTEMS AND SERVICES OF THIRD PARTY VENDORS, WHO FACILITATED THE PURCHASE OF VIRTUAL GOODS AND ITEMS IN ASSOCIATION WITH THE GAME OR MOBILE GAME OR MOBILE APP. WERE TECHNOLOGICAL POSSIBLE WE WILL TRY TO CONFIGURATE THIRD PARTY SYSTEMS TO YOUR BENEFIT TO KEEP YOUR VIRTUAL GOODS AND ITEMS ACROSS DEVICE SWITCHES OR SOFTWARE RE-INSTALLATION PROCEDURES, TO PREVENT DATA LOSS, HOWEVER WE CANNOT AND WILL NOT GRANTEE THIS OR MAKE ANY PROMISES OF ANY KIND, BECAUSE THIRD PARTY VENDORS, THEIR SYSTEMS AND THEIR SERVICES ARE NOT UNDER OUR DIRECT AND COMPLETE CONTROL. WE RECOMMEND TO MAKE BACKUPS OF YOUR GAME OR MOBILE GAME OR MOBILE APP AND VIRTUAL GOODS AND ITEMS WERE POSSIBLE.

15.3.6. YOU ARE ONLY ALLOWED TO OBTAIN VIRTUAL GOODS AND ITEMS FROM US OR OUR AUTHORIZED THIRD PARTY VENDORS THROUGH THEIR SERVICES, AND NOT IN ANY OTHER WAY. DEPENDING ON THE TERMS AND CONDITIONS OF OUR AUTHORIZED THIRD PARTY, VENDORS, THEIR PLATFORMS OR THEIR DEVICES THE RIGHTS FOR EACH PURCHASE MAY DIFFER FROM ITEM TO ITEM. IF YOU ARE UNSURE ABOUT USAGE RIGHTS YOU SHOULD CHECK WITH YOUR PLATFORM, DEVICES OR VENDOR CUSTOMER SUPPORT TEAM BEFORE MAKING A PURCHASE. UNLESS OTHERWISE SHOWN, VIRTUAL GOODS AND ITEMS HAS THE SAME AGE RATING AS THE BASE GAME OR MOBILE GAME OR MOBILE APP.

15.3.7. WE RESERVE THE RIGHT TO CHANGE OR REMOVE ANY VIRTUAL GOODS AND ITEMS WITHOUT ANY LIABILITY TO YOU AT ANY TIME (SEE SECTION 18 ABOUT UPDATES TO PETER WEINBERGER SERVICES), BUT IF YOU HAVE AN REOCCURRING FEATURE UNLOCKED ON MONTHLY BASIS SUCH CHANGES WILL ONLY TAKE EFFECT FOLLOWING THE END OF THE THEN-CURRENT ACTIVE TIME PERIOD, WHICH START AND ENDS ALWAYS ON MIDNIGHT LOCAL TIME VIENNA AUSTRIA, AT WHICH DATE THE REOCCURRING FEATURE WILL AUTOMATICALLY BECOME UNACCESSIBLE.

15.3.8. PETER WEINBERGER SERVICES ARE GENERALLY DRM ("DIGITAL RIGHTS MANAGEMENT") FREE, HOWEVER THIRD PARTY SYSTEMS, PLATFORMS AND VENDORS MAY USE OR MANDATE US TO USE TECHNOLOGICAL MECHANISMS TO PREVENT UNAUTHORIZED ACCESS, COPIES OR BACKUPS. PLEASE READ THE TERMS AND CONDITIONS OF THIRD PARTY VENDORS, DEVICES, PLATFORMS WERE YOU PURCHASES AND/OR USE OUR GAMES OR MOBILE GAMES OR MOBILE APPS AND VIRTUAL GOODS AND ITEMS THEREIN.

16. FEEDBACK, TECHNICAL SUPPORT AND CRASH REPORTS
16.1. IF SOMETHING GOES WRONG WITH THE TECHNICAL ASPECT OF OUR SERVICES (E.G. AN UNEXPECTED CRASH OF ONE OF OUR SERVICES), WE MAY RECOGNIZE YOUR DESIRE TO SEND A CRASH REPORT TO IMPROVE THE STATE OF OUR SERVICES IN ORDER TO IMPROVE THE GAME OR MOBILE GAME OR MOBILE APP CODE FOR FUTURE USE. THESE REPORTS ARE OPTIONAL AND MAY INCLUDE SOME PERSONAL DATA (FOR MORE INFORMATION, PLEASE SEE OUR PRIVACY POLICY). FURTHERMORE THESE REPORTS ARE CONSIDERED TO BE A SUBMISSION UNDER OUR UNBIDDEN SUBMISSION POLICY IF SEND DIRECTLY TO US. (FOR MORE INFORMATION, PLEASE SEE OUR UNBIDDEN SUBMISSION POLICY). IF NOTIFY US ABOUT A CRASH OR BUG IN ONE OF OUR SERVICES IN AN APPROPRIATE NON-LEGALLY BINDING MANNER VIA A THIRD PARTY PLATFORM (E.G. GITHUB, STEAM DISCUSSION BOARDS, PATREON, ITCH.IO COMMENT SECTION, GAMEJOLT.COM COMMENT SECTION, YOUTUBE COMMENT SECTION, PRIVATE DISCORD SERVER) OUR SUBMISSION POLICY DOES NOT APPLY, UNLESS WE DEEM OTHERWISE. WE RESERVE THE RIGHT TO DEEM THE APPLICATION OF OUR UNBIDDEN SUBMISSION POLICY DEPENDING ON THE CONTEXT, PHRASING AND TONE OF YOUR FEEDBACK. (NOTE THAT THIRD PARTY TERMS AND CONDITIONS AND THAT THIRD PARTY PRIVACY POLICIES APPLY FOR ANY THIRD PARTY PLATFORM).

16.2. CONTACTING TECHNICAL SUPPORT
IN CERTAIN THIRD-PARTY PLATFORM, WE ARE OBLIGATED TO PROVIDE A SUPPORT EMAIL ADDRESS. KINDLY UNDERSTAND THAT THIS EMAIL IS EXCLUSIVELY DESIGNATED FOR TECHNICAL ASSISTANCE AND SHOULD NOT BE USED FOR ANY COMMERCIAL INQUIRIES, SUCH AS REFUNDS, PLEASE CONTACT THE THIRD-PARTY PLATFORM, WHERE YOU BOUGHT THE PRODUCT INSTEAD. ANY COMMUNICATION SENT TO THIS EMAIL IS GOVERNED BY OUR TERMS & CONDITIONS, PRIVACY POLICY, AND UNBIDDEN SUBMISSION POLICY. PLEASE ENSURE YOUR EMAILS CONTAIN RELEVANT DETAILS REGARDING THE TECHNICAL ISSUES YOU ARE EXPERIENCING WITH OUR APPLICATIONS, GAMES, MOBILE APPS, OR DIGITAL PUBLICATIONS, AS WE CANNOT PROCESS MESSAGES WITHOUT SUCH INFORMATION (PLEASE REFRAIN FROM SENDING EMPTY EMAILS). PLEASE NOTE THAT OUR TECHNICAL SUPPORT SERVICES ARE EXCLUSIVELY AVAILABLE TO OUR VALUED CUSTOMERS. IN ORDER TO ACCESS THESE SERVICES, KINDLY ENSURE THAT YOU HAVE ACQUIRED A LICENSE THROUGH AN AUTHORIZED THIRD-PARTY PLATFORM AFTER MAKING YOUR PURCHASE. WE APPRECIATE YOUR COOPERATION IN ADHERING TO OUR POLICIES AND GUIDELINES.

17. EXCLUSION OF SUPPORT
17.1. WE RESERVE THE RIGHT FOR SOME OF OUR SERVICES WE DEEM WITHOUT ECONOMIC VIABILITY OR PROJECT SCOPE OF SMALL AND IRRELEVANT SIZE (E.G “GAME JAM GAMES”, “ONE DAY ART PROJECTS”, PROTOTYPES, PROJECTS WITH A USER CONSUMPTION TIME OF LESS THAN TWO (2) HOURS, PETER WEINBERGER SERVICES THAT HAVE REACHED THEIR “FINAL STATE” STATE) NOT TO PROVIDE YOU WITH ANY SUPPORT REGARDING THE INSTALLATION, USAGE OR ANY PROBLEMS THAT MAY BE CAUSED DIRECTLY OR INDIRECTLY BY THOSE PETER WEINBERGER SERVICES. WE WILL INFORM YOU EITHER IN THE EULA SHIPPED WITH A SPECIFIC SERVICE OF OUR SERVICES OR ON OUR WEBSITE IF A PARTICULAR SERVICES OF OUR SERVICES FALLS UNDER THIS EXCLUSION ANY SUPPORT WE MIGHT GRANT OUTSIDE OF THIS EXCLUSION DOES NOT CONSTITUTE A WAIVER OF THIS RIGHT, BUT FALLS UNDER COULANCE. FURTHERMORE, THIS DOES NOT REFER OR DETER, GRANT OR NULLIFY IN ANY WAY TO ANY WARRANTIES OR RIGHTS OF SUPPORT YOU MIGHT HAVE AGAINST THIRD PARTY VENDORS FROM WHOM YOU BOUGHT A LICENSE TO USE OUR SERVICES. FURTHERMORE IF YOU CONTACT US FOR ANY REASON IN ANY WAY IN AN EXCESSIVE MANNER, WE MAY DEEM IT NECESSARY TO USE TECHNOLOGICAL MEANS TO PREVENT YOU FROM CONTACTING US ANY FURTHER. YOU UNDERSTAND AND AGREE THAT THIS WILL PREVENT YOU FROM CONTACTING US IN THE FUTURE FOR ANY REASON, EVEN IF THE ORIGINAL REASON FOR CONTACTING US EXCESSIVELY AND YOUR SUBSEQUENT COMMUNICATION BAN NO LONGER APPLIES. WE RESERVE THE RIGHT TO DECIDED WHAT CONSTITUTES AN EXCESSIVE MANNER OF COMMUNICATION ON A PER CASE BASIS. YOU AGREE, THAT YOU WILL NOT BE INFORMED OF SUCH A BAN NOR HAVE ANY RIGHT TO APPEAL AND REVOKE A BAN. WE MAY REVOKE A BAN ON A PER CASE BASIS, IF WE DEEM IT APPROPRIATE. PLEASE READ ALL THIRD PARTY TERMS AND CONDITIONS IN ORDER TO FULLY UNDERSTAND AND FACILITATE YOUR MODUS OPERANDI IN CONJUNCTION BETWEEN YOU AND THIRD PARTY VENDORS.

18. UPDATES
18.1. WE WILL TAKE REASONABLE CARE OF OUR SERVICES. WE CLASSIFY OUR UPDATES IN TWO CATEGORIES: FIRST UPDATES ATTEMPTING TO ENSURE FUNCTIONALITY AND COMPATIBILITY TO UPDATES PROVIDED BY THIRD PARTY PLATFORM AND DEVICE PROVIDERS FOR DEVICES AND PLATFORMS YOU MIGHT OWN (“SMALL UPDATES”). WE WILL ATTEMPT TO PROVIDE SMALL UPDATES FOR THE DURATION OF A PLATFORM ONE OF OUR SERVICES WAS ORIGINALLY PROVIDED FOR, HOWEVER WE RESERVE THE RIGHT TO DISCONTINUE SMALL UPDATES, IF THE ECONOMIC AND PUBLIC RECEPTION OF ONE OF OUR SERVICES INDICATES TO US, THAT A PRODUCT OR SERVICE HAS PREMATURELY REACHED ITS FINAL STATE STATE; AT THE SAME TIME WE RESERVE THE RIGHT TO EXTEND SMALL UPDATES PAST THE LIFETIME OF THE PLATFORM IT WAS ORIGINALLY INTENDED, IF THE ECONOMIC AND PUBLIC RECEPTION INDICATES TO US AN ECONOMIC VIABILITY AND PUBLIC INTEREST TO EXTEND SMALL UPDATES PAST A PRODUCTS FINAL STATE STATE. WE GIVE HOWEVER NO PROMISES FOR THE OCCURRENCE OF AN EXTENSION OR A PREMATURELY DISCONTINUATION FOR ANY SMALL UPDATES OF ANY OF OUR SERVICES.

18.2. FURTHERMORE YOU EXPLICITLY UNDERSTAND AND AGREE, THAT DUE TO OUR SMALL UPDATES THE SERVICE YOU USE ON ANY GIVEN POINT IN TIME IN THE FUTURE MAY OR MAY NOT AT ALL RESEMBLE THE SERVICE YOU ORIGINALLY LICENSED AND MAY BE DIFFERENT IN ITS VISUAL AND AUDITORY ASPECTS, ITS FUNCTIONALITY AND IN ANY ASPECT WE DEEM NECESSARY TO ENSURE ITS FUNCTIONALITY. TO ASSURE COMPATIBILITY TO ALL OUR SERVICES AND TO PROVIDED A UNIFIED EXPERIENCE, THIS MAY RESULT IN MANDATORY AND/OR AUTOMATIC UPDATES AND OLDER, NON-UPDATED VERSIONS MAY BECOME UNSTABLE/UNUSABLE OVER TIME. THESE RIGHTS ARE NEEDED TO KEEP OUR SERVICES RUNNING EFFICIENTLY. EACH UPDATE MAY BE ACCOMPANIED BY A CHANGE LOG TO INFORM YOU ABOUT ALL RELEVANT CHANGES WE MADE.

18.3. THE SECOND CATEGORY OF UPDATES ARE ATTEMPTING TO INCREASE THE FEATURES AND FUNCTIONALITY OF OUR SERVICES DURING A PRODUCTS LIFETIME. (“BIG UPDATES”) WE RESERVE THE RIGHT TO ADD OR REMOVE FEATURES OF OUR SERVICES A WE DEEM NECESSARY FORM A PRODUCT DESIGN AND TECHNICAL DEVELOPMENT PERSPECTIVE, YOU AGREE THAT THE TECHNICAL DESIGN AND DEVELOPMENT PERSPECTIVE OVERRIDE ALL LEGAL AND BUSINESS ASPECTS IN RELATION TO BIG UPDATES. WE WILL ATTEMPT TO PROVIDE BIG UPDATES FOR THE DURATION OF A PLATFORM ONE OF OUR SERVICES WAS ORIGINALLY PROVIDED FOR, HOWEVER WE RESERVE THE RIGHT TO DISCONTINUE BIG UPDATES, IF THE ECONOMIC AND PUBLIC RECEPTION OF ONE OF OUR SERVICES INDICATES TO US, THAT A PRODUCT OR SERVICE HAS PREMATURELY REACHED ITS FINAL STATE STATE; AT THE SAME TIME WE RESERVE THE RIGHT TO EXTEND BIG UPDATES PAST THE LIFETIME OF THE PLATFORM IT WAS ORIGINALLY INTENDED, IF THE ECONOMIC AND PUBLIC RECEPTION INDICATES TO US AN ECONOMIC VIABILITY AND PUBLIC INTEREST TO EXTEND BIG UPDATES PAST A PRODUCTS FINAL STATE STATE. WE GIVE HOWEVER NO PROMISES FOR THE OCCURRENCE OF AN EXTENSION OR A PREMATURELY DISCONTINUATION FOR ANY BIG UPDATES OF ANY OF OUR SERVICES. FURTHERMORE YOU EXPLICITLY UNDERSTAND AND AGREE, THAT DUE TO OUR BIG UPDATES THE SERVICE YOU USE ON ANY GIVEN POINT IN TIME IN THE FUTURE MAY OR MAY NOT AT ALL RESEMBLE THE SERVICE YOU ORIGINALLY LICENSED AND MAY BE DIFFERENT IN ITS VISUAL AND AUDITORY ASPECTS, ITS FUNCTIONALITY AND IN ANY ASPECT WE DEEM NECESSARY TO ENSURE ITS FUNCTIONALITY. TO ASSURE COMPATIBILITY TO ALL OUR SERVICES AND TO PROVIDED A UNIFIED EXPERIENCE, THIS MAY RESULT IN MANDATORY AND/OR AUTOMATIC UPDATES AND OLDER, NON-UPDATED VERSIONS MAY BECOME UNSTABLE/UNUSABLE OVER TIME. THESE RIGHTS ARE NEEDED TO KEEP OUR SERVICES RUNNING EFFICIENTLY. EACH UPDATE MAY BE ACCOMPANIED BY A CHANGE LOG TO INFORM YOU ABOUT ALL RELEVANT CHANGES WE MADE.

19. WARRANTIES AND LIABILITY REGARDING PETER WEINBERGER SERVICES
WE WARRANT THAT:

19.1. WE HAVE THE RIGHT TO ENTER INTO THIS AGREEMENT AND TO GRANT YOU THE LICENSE TO USE OUR SERVICES AS STIPULATED IN SECTION 5 OF THIS AGREEMENT.

19.2. WE WILL TAKE REASONABLE CARE WITH OUR SERVICES AND YOUR USE OF THEM. WE RESERVE TO THE RIGHT TO DEFINE WHAT REASONABLE CARE MEANS IN AN ONGOING AND AS NEEDED BASIS; FOR FURTHER INFORMATION SEE OUR UPDATE POLICY AND

19.3. WE WILL USE REASONABLE ENDEAVORS TO COMPLY WITH APPLICABLE LAWS IN PERFORMING OUR OBLIGATIONS TO YOU UNDER THIS AGREEMENT.

19.4. OUR SERVICES ARE PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ABOUT THE GAME OR MOBILE GAME OR MOBILE APP. IN NO EVENT SHALL WE BE HELD LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE. YOU INSTALL AND USE THE GAME OR MOBILE GAME OR MOBILE APP COMPLETELY AT YOUR OWN RISK. HOWEVER AS STATED ABOVE, WE DO NOT SELL OUR SERVICES DIRECTLY TO CUSTOMERS BUT LICENSE IT TO THIRD PARTY VENDORS, WHO WILL REVIEW AND ENSURE COMPLIANCE WITH THEIR SET STANDARDS, BEFORE SELLING OUR SERVICES TO YOU. ALL CONSUMER RELATED WARRANTIES ARE BETWEEN THIRD PARTY VENDORS AND YOU THE CONSUMER DIRECTLY.

20. LIABILITY
20. 1. WE WORK HARD TO TRY TO MAKE OUR SERVICES WORK ON MANY SYSTEMS BUT WE ONLY HAVE LIMITED RESOURCES TO TEST OUR SERVICES. THEREFORE, WE CAN’T ACCEPT ANY LIABILITY OR RESPONSIBILITY IF OUR SERVICES DO NOT WORK FULLY OR COMPLETELY. PETER SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES WHATSOEVER IN CONNECTION WITH THE GAME OR MOBILE GAME OR MOBILE APP OR CAUSED BY THE GAME OR MOBILE GAME OR MOBILE APP, LOSS OR DAMAGE ARISING OUT OF YOUR USE OF, OR INABILITY TO ACCESS OR USE OF OUR SERVICES. YOU HEREBY EXPLICITLY AGREE TO COVER THE FULL EXTENT OF ANY COSTS, THAT MAY OR MAY NOT RESULT FROM ANY CLAIM, LIABILITY, LOSSES, INJURIES, DAMAGES, COSTS OR EXPENSES THAT YOU MAKE AGAINST PETER. YOU AGREE THAT YOU INSTALL AND USE OUR SERVICES COMPLETELY AT YOUR OWN RISK. WE WOULD ALSO LIKE TO REMIND YOU AT THIS POINT, THAT WE DO NOT SELL OUR SERVICES DIRECTLY TO YOU, IF YOU HAVE A COMPLAIN ABOUT OUR SERVICES PLEASE CONTACT THE VENDOR, WHERE YOU ACQUIRED OUR SERVICES FOR ANY CONSUMER RELATED PROBLEMS. ALSO, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANYTHING THAT HAPPENS TO OUR SERVICES, WHICH IS OUTSIDE OF OUR REASONABLE CONTROL.

21. USER TERMINATION
21.1. YOU CAN TERMINATE THIS AGREEMENT BY PERMANENTLY STOPPING USE OF PETER WEINBERGER SERVICES AT ANY TIME. TERMINATION WILL NOT AFFECT ALREADY EXISTING RIGHTS OR OBLIGATIONS TO US OR YOU.

22. OUR TERMINATION RIGHTS
22.1. WE RESERVE THE RIGHT TO TERMINATE OUR AGREEMENT WITH YOU AT ANY TIME FOR ANY REASON. WE RESERVE THE RIGHT TO CANCEL OR SUSPEND YOUR ACCESS TO OUR SERVICES IF YOU MATERIALLY BREACH THIS AGREEMENT, WHICH INCLUDES A BREACH WHICH IS SERIOUS AND/OR WHICH COULD CAUSE REAL HARM TO OUR SERVICES, ITS USERS, PETER WEINBERGER AND ITS AFFILIATES, LICENSORS AND PARTNERS. IN PARTICULAR, IT APPLIES TO THE RULES WE SPECIFY IN SECTION 10 ABOVE. WE WILL TRY WHERE REASONABLY POSSIBLE TO CONTACT YOU TO EXPLAIN WHY WE HAVE DONE THIS AND WHAT (IF ANYTHING) YOU CAN DO AS A RESULT. IF WE SUSPEND OR CANCEL YOUR ACCESS TO OUR SERVICES AND THIS AGREEMENT UNDER THIS SECTION, THEN WE WILL NOT HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU AT ALL.

23. STOPPING SERVICES
23. 1. IF WE HAVE TO STOP PROVIDING ACCESS TO ANY OF OUR SERVICES (IN WHOLE OR IN PART – E.G. ON A PARTICULAR PLATFORM) PERMANENTLY AND NOT BECAUSE OF ANY BREACH BY YOU, WE WILL TRY TO GIVE YOU AT LEAST THIRTY (30) DAYS ADVANCE NOTICE BY POSTING A NOTE ON OUR WEBSITE. IN THIS CASE, WE WILL NOT HAVE ANY FUTURE OBLIGATIONS OR LIABILITIES TO YOU (THIS DOES NOT AFFECT ANY PRE-EXISTING OBLIGATIONS OR LIABILITIES).

24. FORCE MAJEURE
24.1. NEITHER YOU NOR WE WILL BE LIABLE FOR ANY FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT OR TO PROVIDE ACCESS TO OUR SERVICES IF THAT FAILURE IS CAUSED BY THE HAPPENING OF ANY UNFORESEEN EVENT BEYOND YOUR OR OUR REASONABLE CONTROL INCLUDING WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, ELECTRICAL OUTAGES, PANDEMICS, FIRE, FLOOD, HURRICANES, EARTHQUAKES, TSUNAMIS, WAR, WARS, THE END OF THE WORLD OR AN ACT OF GOD.

25. GOVERNING LAW AND DISPUTE RESOLUTION
25.1. MOST CONCERNS ABOUT OUR SERVICES CAN BE SOLVED QUICKLY BY CONTACTING US (THE TERMS OF OUR UNBIDDEN SUBMISSION POLICY APPLIES), WITH THE EXCEPTION OF THE ABOVE MENTIONED REFUND POLICY.

25.2. YOU AND WE AGREE THAT YOUR USE OF OUR SERVICES, AND THIS AGREEMENT, WILL BE GOVERNED BY AND INTERPRETED ACCORDING TO THE LAWS OF AUSTRIA AND ANY DISPUTE REGARDING IT WILL BE EXCLUSIVELY UNDER THE JURISDICTION OF THE COURTS OF AUSTRIA UNLESS THE LAW IN YOUR COUNTRY OF RESIDENCE ALLOWS YOU TO CHOOSE THE COURTS OF THAT COUNTRY FOR THE DISPUTE IN QUESTION, IN WHICH CASE YOU EXPLICITLY WAIVE THOSE RIGHTS AND EXPLICITLY AGREE THAT ANY DISPUTE IN REGARDS TO THESE TERMS NOT SOLELY SUBMITTED TO THE COURTS OF AUSTRIA IS ENOUGH GROUNDS FOR DISMISSAL OF ANY CLAIM YOU MIGHT HAVE.

25.3. IN ANY LEGAL CLAIM UNDER THIS AGREEMENT YOU AGREE TO PAY THE FULL LEGAL COSTS OF ALL PARTIES EVOLVED AND ANY OUTCOME YOU MIGHT BE GRANTED TO BY A COURT OF LAW, A TRIBUNAL OR A JURY. FURTHERMORE YOU EXPLICITLY AGREE THAT ANY CLAIM NOT SUBMITTED TO THE COURTS OF AUSTRIA SHALL BE DEEMED ENOUGH GROUNDS FOR DISMISSAL OF ANY CLAIM YOU MIGHT HAVE.

26. OTHER LAWS
26.1. IT IS THAT YOU SHALL PLEASE REMEMBER AND UNDERSTAND THAT WE ARE SUBJECT TO VARIOUS LAWS AND WE MAY BE REQUIRED TO COMPLY WITH LAW ENFORCEMENT OR OTHER LEGAL REQUIREMENTS, INCLUDING IMPORT/EXPORT CONTROLS. YOU AND WE AGREE THAT THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE OUR SERVICES OR THIS AGREEMENT.

27. SPELLING AND LANGUAGE
27.1. IF THIS AGREEMENT SHOULD CONTAIN ANY SPELLING ERRORS OR GRAMMAR MISTAKES OR IMPROPER PHRASING, THAT MIGHT CAUSE CONFUSION ABOUT THE INTENTION OF A PHRASING OR PARAGRAPH WE WILL UPDATE THIS AGREEMENT AS SOON AS WE BECOME AWARE OF IT, UNTIL THAT TIME YOU AGREE TO USE THE BEST POSSIBLE INTERPRETATION OF THESE TERMS AND THE LAW SOLELY TO THE BENEFIT OF PETER WEINBERGER, WITHIN THE AMBIGUITY OF HUMAN LANGUAGE.

28. NO THIRD PARTIES
28.1.THIS AGREEMENT GOVERNS OUR RELATIONSHIP WITH YOU (AND VICE VERSA). IT DOES NOT CREATE ANY RIGHTS FOR ANYONE ELSE UNLESS EXPLICITLY STATED OTHERWISE IN THIS AGREEMENT.

29. THIRD PARTY EXTERNAL SERVICES
29.1. PETER WEINBERGER SERVICES MAY, FROM TIME TO TIME, CONTAIN LINKS OR LINKS IN THE FORM OF BUTTONS TO THE WEBSITES OR SERVICES OF THIRD PARTIES. WE NEITHER HAVE CONTROL NOR ARE WE RESPONSIBLE IN ANY WAY FOR HOW THE SYSTEMS OF THIRD PARTIES ARE SET UP OR HOW THEY CONDUCT BUSINESS OR THEIR TERMS AND CONDITIONS MAY IMPACT YOU. PLEASE REFER TO THE TERMS AND CONDITIONS OF ALL THIRD PARTIES AND CONSULT THEM ABOUT THEIR PRACTICES FOR FURTHER DETAILS OR QUESTIONS THAT YOU MIGHT HAVE. OUR TERMS AND CONDITIONS DO NOT EXTEND TO THESE EXTERNAL SITES, THEIR SERVICES, STORES OR COMPANIES, SO PLEASE REFER DIRECTLY TO THEIR TERMS AND CONDITIONS.

30. SEVERABILITY
30.1. IF ANY PART OF THESE TERMS AND CONDITIONS SHOULD BE DEEMED INVALID OR UNENFORCEABLE UNDER ANY APPLICABLE LOCAL LAWS OR BY AN APPLICABLE COURT, THAT PART SHALL BE INTERPRETED IN SUCH A MANNER CONSISTENT WITH APPLICABLE LAW TO REFLECT AS CLOSELY AS POSSIBLE OUR ORIGINAL INTENTION OF THAT PART AND THE REMAINDER OF THESE THESE TERMS AND CONDITIONS SHALL REMAIN VALID AND ENFORCEABLE. IF IT IS NOT POSSIBLE TO INTERPRET AN INVALID OR UNENFORCEABLE PART OF THESE TERMS IN A MANNER CONSISTENT WITH APPLICABLE LAW, THEN THAT PART SHALL BE HELD DELETED FROM THESE TERMS AND CONDITIONS WITHOUT AFFECTING THE REMAINING PROVISIONS OF THESE TERMS AND CONDITIONS.

31. ENTIRE AGREEMENT
31.1. THIS AGREEMENT, TOGETHER WITH THE OTHER DOCUMENTS REFERRED TO WITHIN IT, CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US REGARDING THIS AGREEMENT AND SUPERSEDE ANY EARLIER ORAL OR WRITTEN AGREEMENTS.

32. NO WAIVERS OF OUR RIGHTS
32.1.OUR FAILURE TO EXERCISE OR ENFORCE ANY OF OUR RIGHTS UNDER THESE TERMS DOES NOT WAIVE OUR RIGHT TO ENFORCE SUCH RIGHT. ANY WAIVER OF SUCH RIGHTS SHALL ONLY BE EFFECTIVE AND VALID IF IT IS IN WRITING AND SIGNED BY US. ANY SUCH WRITING AND SIGNATURE SHALL ONLY BE DEEMED VALID IF PRIOR NEGOTIATION HAVE BEEN CONDUCTED IN PERSON AND ANY DOCUMENTS USED IN SUCH AN AGREEMENT ARE PROVIDED TO BOTH PARTIES IN A NON-DIGITAL FORM (E.G. PAPER AND INK).

33. DELAY
33.1. NO FAILURE OR DELAY BY US OR YOU TO EXERCISE ANY RIGHT OR REMEDY PROVIDED UNDER THIS AGREEMENT OR BY LAW WILL CONSTITUTE A WAIVER OF THAT OR ANY OTHER RIGHT OR REMEDY, NOR WILL IT PRECLUDE OR RESTRICT THE FURTHER EXERCISE OF THAT OR ANY OTHER RIGHT OR REMEDY, UNLESS EXPLICITLY STATED OTHERWISE IN THIS AGREEMENT. NO SINGLE OR PARTIAL EXERCISE OF SUCH RIGHT OR REMEDY BY US OR YOU WILL PRECLUDE OR RESTRICT THE FURTHER EXERCISE OF THAT OR ANY OTHER RIGHT OR REMEDY.

34. CHANGES TO TERMS AND CONDITIONS AGREEMENT
34.1. WE RESERVE THE RIGHT TO AMEND THIS TERMS AND CONDITIONS AGREEMENT AND ANY ASSOCIATED AGREEMENTS OR POLICIES AT ANY TIME. EACH UPDATE OF THIS AGREEMENT AUTOMATICALLY SUPERSEDES PREVIOUS VERSIONS. IF IT IS DEEMED NECESSARY BY US FOR ANY REASON, ANY OR ALL CHANGES TO THIS AGREEMENT SHALL BE AFFECTING AND REPLACING PAST VERSIONS OF THIS AGREEMENT AND ASSOCIATED AGREEMENT IN THEIR NEWLY STIPULATED NATURE IN SUCH A WAY AS TO ALLOW FOR THE POSSIBILITY TO BECOME AN UNBINDING FASHION AND RELEASE US OF ANY OBLIGATION, OR PROVISION WE MIGHT HAVE TO FULFILL AS STIPULATED IN PREVIOUS VERSIONS OF THIS DOCUMENT; OR CHANGE PREVIOUS VERSIONS OF THIS DOCUMENT TO THE EXTEND APPLICABLE BY THE LAW IN SUCH A WAY THAT PREVIOUS STIPULATIONS SHALL BE EITHER DEEMED NULL AND VOID AND REPLACED BY CHANGES TO THIS AGREEMENT OR DISSOLVED BENEFICIAL TO BOTH PARTIES OR INTRODUCE CHANGES AND AMENDMENTS TO PREVIOUS VERSIONS IN A PERPETUAL LASTING AND REPLACING FASHION UNTIL A TIME OF OUR CHOOSING TO BE EITHER MAINTAINED OR DISSOLVED BENEFICIALLY FOR BOTH PARTIES. FOR A MUTUAL BENEFICIAL DISSOLUTION OF THIS AGREEMENT IT IS REQUIRED THAT YOU REQUEST A BENEFICIAL DISSOLUTION AND AGREE TO ANY NEW VERSIONS OF THIS DOCUMENT AND AGREE TO AN DISSOLUTION AGREEMENT. ANY AND ALL DEFINITIONS OF WHAT IS DEEMED BENEFICIAL TO BOTH PARTIES, SHALL BE DEFINED IN ITS ENTIRETY IN ACCORDANCE WITH OUR PRINCIPLES, VALUES AND UNDER APPLICABLE LAWS OF AUSTRIA SOLELY BY US AND NO OTHER PARTY. WE RESERVE THE RIGHT TO DETERMINE WHEN AND IF SUCH A NEED ARISES. YOUR CONTINUED USE OF OUR SERVICES WILL SIGNIFY YOUR ACCEPTANCE OF EACH UPDATE. IF YOU DO NOT ACCEPT ANY NEW TERMS YOU MUST CEASE THE USE OF OUR SERVICES. WE WILL NOTIFY YOU OF ANY CHANGES TO THIS TERMS AND CONDITIONS AGREEMENT BY POSTING THE UPDATED TERMS AND CONDITIONS AGREEMENT TO THIS WEBSITE OR APPLICATION.

35. BINDING DATE
35.1. ONCE WE CHANGE THE AGREEMENT, IT WILL BECOME LEGALLY BINDING ON YOU 30 DAYS AFTER WE POST IT ONLINE. DURING THAT PERIOD, YOU'RE FREE TO DECIDE WHETHER YOU ACCEPT THE NEW TERMS AND CONDITIONS AND WISH TO CONTINUE OUR SERVICES OR TERMINATE THE USE OF OUR SERVICES PERMANENTLY IN ACCORDANCE WITH THIS AGREEMENT.

36. PRIVACY POLICY
36.1. WE WOULD ALSO LIKE TO REMIND YOU THAT OUR PRIVACY POLICY HAS MORE INFORMATION ON HOW WE USE AND PROTECT YOUR PERSONAL DATA. YOU CAN YOU CAN READ IT HERE.

37. PREVIOUS VERSIONS
37.1. PREVIOUS VERSIONS OF THIS DOCUMENT WILL BE LINKED BELOW
PREVIOUS VERSIONS