Privacy
CORNERGAMES.LLC COMMUNITY GUIDELINES
&
PERSONAL DATA PROTECTION POLICY
General
This Data Privacy Information informs you of which personal data is collected by CornerGames.LLC in the context of our websites and the games and other services provided by us (jointly referred to as the “Online Offer”). It also explains how such data is processed and used. The protection of your personal information is important to us.
Your data is protected against unauthorised access and loss through the use of various electronic, technical, physical, administrative and contractual measures. CornerGames.LLC has taken the necessary technical and organisational precautions to ensure that the regulations for data privacy are respected both internally and by external service providers.
This Data Privacy Information contains transparent and clear information to ensure that visitors to our site and customers are well informed regarding the collection, processing and use of their personal data.
What is personal data?
Personal data is any information relating to an identified or identifiable natural person (e.g. name, address, telephone number, date of birth or email address). Basically, you can use our Online Offer without providing personal information; however, the use of certain services may require you to submit personal information, e.g. registration for our games or participation in a competition.
Legal basis
We process personal data in accordance with the legal bases of the General Data Protection Regulation (GDPR). Please note that, in addition to the provisions of the GDPR, the national data protection requirements in your, or our country, of residence and domicile may also apply.
Consent
Insofar as we obtain the consent of the data subject to process personal data, Article 6 para 1 (a) GDPR serves as the legal basis for the processing of such personal data.
Contract fulfilment and pre-contractual enquiries
Article 6 para (b) GDPR serves as the legal basis for processing personal data that is required to fulfil a contract to which the data subject is a party, or to carry out pre-contractual measures.
Legal obligation
Article 6 para 1 (c) GDPR serves as the legal basis insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject.
Protection of vital interests
Article 6 para 1 (d) GDPR serves as the legal basis should the vital interests of the data subject or another natural person require the processing of personal data.
Legitimate interests
Article 6 para 1 (f) GDPR serves as the legal basis for processing should such processing be necessary to safeguard a legitimate interest of our company or a third party, and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest. If the processing of personal data is based on our legitimate interest, this will be to enable us to conduct our business activities, in particular with respect to the well-being of our employees and the owners of the company.
Purposes of processing
We collect personal data for various purposes as described in this Data Privacy Information; these include:
• To provide our Online Offer and to perform a contract in accordance with our General Terms and Conditions ;
• For contact requests and communication, in particular to provide help and support, and to send you relevant information regarding your contract;
• For the use and payment of fee-based goods and services;
• For our own and third-party advertising, market research and reach measurement to the extent permitted by law or based on your consent;
• To send a newsletter subject to your consent;
• To shape and improve our offer as required, partially in pseudonymised and/or anonymous form;
• To prevent, investigate and report criminal offences, e.g. fraud, e.g. credit card misuse, identity fraud;
• To assert legal claims, including debt collection and defence in legal disputes;
• To fulfil legal obligations, and, in particular, to ensure compliance with retention obligations.
1.1 Users
1.1.1 CornerGames.LLC offers its Games and Services to Users exclusively under the terms of § 13 of the German Civil Code (BGB). The use of CornerGames.LLC 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 CornerGames.LLC . 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 CornerGames.LLC is notified in writing of such approval being withdrawn within two (2) weeks of the date the minor reaches the age of majority.
1.2 Subject matter of the Contract, use of and changes to the Games and Services
1.2.1 CornerGames.LLC offers its Users the use of the Games and Services provided by CornerGames.LLC subject to the existing technical and commercial capabilities.
1.2.2 Participation in the Games is for entertainment purposes only.
1.2.3 CornerGames.LLC 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 CornerGames.LLC 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 CornerGames.LLC for the term of the contract comprising the provision of Game software for use in its respective form on the CornerGames.LLC platforms or software of third parties. The use of CornerGames.LLC Games and Services online is made possible through the provision of the relevant applications on the respective URLs by CornerGames.LLC or third parties authorised by CornerGames.LLC . The (licence) acquisition of Game software and/or individual elements is excluded unless stipulated otherwise by a specific provision. CornerGames.LLC 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 CornerGames.LLC 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 CornerGames.LLC permit Users to play with one Account only (“prohibition of multiple Accounts”), and detailed information on this is provided in the Game rules. CornerGames.LLC 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 Game Websites.
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. CornerGames.LLC reserves the right to cease operation of individual CornerGames.LLC 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 CornerGames.LLC 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 contract
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 CornerGames.LLC and the User is considered valid when CornerGames.LLC approves the User Application. Confirmation of the User Application may be explicitly communicated by CornerGames.LLC through the first contractual performance by CornerGames.LLC or by the provision of the Game or Services.
2.3 Insofar as it is necessary to create an Account to use Games or Services, CornerGames.LLC 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.
5 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 CornerGames.LLC 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 Services.
5.2 CornerGames.LLC 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, CornerGames.LLC 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, CornerGames.LLC will generally communicate with the User by email. Users will ensure that they are able to receive all the emails sent by CornerGames.LLC 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, CornerGames.LLC reserves the right to use any form of communication it considers necessary.
5.7 When contacting CornerGames.LLC , 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 Services.
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.
9.2 Installation of software
CornerGames.LLC 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 CornerGames.LLC and which the User has used on their computer, mobile phone or other (mobile) terminal (“Terminal”) to access the Games and Services.
9.4 The 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 Services.
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 CornerGames.LLC . CornerGames.LLC 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 CornerGames.LLC 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 CornerGames.LLC 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 glorifies violence;
• 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 data;
• Information promoting commercial or sales activities, such as contests, raffles, swapping offers, classified ads and/or pyramid schemes;
• Information containing image(s) of other persons without their express consent.
9.4.6 The User is not entitled to request CornerGames.LLC to restore such deleted information.
Moreover, CornerGames.LLC 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. CornerGames.LLC reserves the right to make any further necessary and additional claims, particularly the entitlement to damages.
9.4.7 Users will inform CornerGames.LLC 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.). CornerGames.LLC 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. CornerGames.LLC neither condones nor approves such Information.
9.5.2 CornerGames.LLC has no control over the Uploaded Information within the scope of the Services. CornerGames.LLC 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 CornerGames.LLC learns that specific Uploaded Information is illegal, it will delete such immediately.
9.5.3 Any liability on the part of CornerGames.LLC for Uploaded Information, in particular the accuracy, completeness and reliability of content, material or information is excluded.
9.6 Copyright
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 CornerGames.LLC 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 Services.
9.6.2 Furthermore, CornerGames.LLC has no right of use to the Uploaded Information provided by the user and CornerGames.LLC 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 CornerGames.LLC 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 CornerGames.LLC 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 CornerGames.LLC , 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 CornerGames.LLC (in particular FAQ lists and discussion forums for problems). Users will use their best endeavours to support CornerGames.LLC in its attempts to remove the bug or defect from the relevant Game or Service.
10.2 Users will immediately notify CornerGames.LLC 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 CornerGames.LLC .
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 CornerGames.LLC .
10.4 CornerGames.LLC can assume no liability for legal guarantees.
11 Liability and limitation of liability
11.1 Users shall be directly and immediately liable to third parties for violating any of their rights. The User shall indemnify and hold CornerGames.LLC harmless from any damage caused by the User’s failure to observe these Terms and Conditions. The User shall indemnify and hold CornerGames.LLC harmless from any claims by third parties against CornerGames.LLC 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 CornerGames.LLC 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 CornerGames.LLC offers Services free of charge, CornerGames.LLC 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 CornerGames.LLC .
11.3 Insofar as CornerGames.LLC provides Services for a fee, CornerGames.LLC shall assume unlimited liability for malicious intent and gross negligence. In the event of minor negligence, CornerGames.LLC 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 CornerGames.LLC . CornerGames.LLC ’s liability under product liability legislation shall remain unaffected.
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 CornerGames.LLC , especially regarding the personal liability of shareholders, workers, representatives, company bodies and their members.
11.7 CornerGames.LLC shall only be liable for any advice or responses provided that relate to queries regarding the content of the products supplied by us.
11.8 CornerGames.LLC expressly disassociates itself from the content of any sites to which direct or indirect references, “links”, exist from within the Services offered by CornerGames.LLC . CornerGames.LLC 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 CornerGames.LLC 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 Delaware, United States of America
12.3 The law of the United States of America 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 United States and International Private Law.
12.4 Should any provisions of these Terms and Conditions be or become invalid, the validity of the other provisions shall remain unaffected.