TERMS OF USE
Adventure Factory
Welcome to adventure-factory.com! Please carefully read the following terms of use as they apply to every visitor of our website. By using our website, you agree to these terms of use. We reserve the right to change, delete, or supplement the information on the website at any time without prior notice.
1 - Scope of Application
- These conditions apply to the use of the Adventure Factory website (hereinafter referred to as "Website"). As a user, you agree to these terms.
- Using our website means that you accept the terms of use. By agreeing, you guarantee us that you will not create contributions that violate these terms of use.
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Adventure Factory offers you:
- The creation of interactive adventures
2 - Availability of the Website
- Adventure Factory aims for 24-hour availability of the website. However, interruptions may occur, due to necessary maintenance work on the system. Interruptions can also be caused by force majeure or other causes beyond the control of Adventure Factory, such as intent or gross negligence.
- Adventure Factory points out:
- that it is technically impossible to provide the website without errors, and therefore Adventure Factory does not assume any responsibility for errors,
- that errors may lead to temporary shutdowns of the website,
- that the availability depends on external conditions beyond the control of Adventure Factory, such as transmission capacities and telephone connections between parties. We do not assume responsibility for disturbances in this area.
3 - Electronic Communication
When you use a service from Adventure Factory or send us emails, text messages, or other communications from your computer or mobile device, communication is electronic. We will communicate with you in various electronic ways, e.g., by email, text messages, or by posting electronic messages on our website or as part of other services from Adventure Factory. You agree to receive electronic communications from us, and that all notices, notifications, and publications that we provide to you electronically do not require written form, unless mandatory legal provisions require a different form of communication.
4 - Copyright and Database Rights
- All content that you find or is provided to you through a service of Adventure Factory, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data collections, belongs to Adventure Factory or third parties who supply or make content available on the website. This content is protected by German copyright and database rights.
- The entire body of content that you find or is provided to you through a service of Adventure Factory also exclusively belongs to Adventure Factory and is protected by German copyright and database rights.
- You are not allowed to systematically extract and/or reuse parts of a service of Adventure Factory without our express written consent. Specifically, it is prohibited to use data mining, robots, or similar data gathering and extraction programs without express written permission from adventure-factory.com, to extract any substantial parts of a service of Adventure Factory for reuse (whether once or multiple times). Likewise, you are not allowed to create and/or publish your own database that includes substantial parts of a service of Adventure Factory without the express written consent from adventure-factory.com.
5 - Your Account
- To access some (paid) services on the website, you must create an account.
- Creating an account is only permitted to fully legally competent persons to whom the registration form is provided on the website adventure-factory.com.
- You are committed to not providing false information about yourself. Furthermore, you are obliged to regularly check your details to ensure their accuracy.
- When using a service of Adventure Factory, you are responsible for maintaining the confidentiality of your account, password, and for securing access to your computer and mobile devices. You agree to be responsible for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and safe. Inform us immediately if you have any reason to believe that a third party has knowledge of your password, or if the password is being or is likely to be used unauthorized. You are responsible for ensuring that your details provided to us are correct and complete, and for informing us of any changes to the information you have provided. Some of the information you have given us can be viewed and updated on our website.
- You can change your username and password at any time.
- You must not use a service of Adventure Factory in a way that is likely to interrupt, damage, or otherwise impair the services or access of Adventure Factory.
- Furthermore, you must not use the services of Adventure Factory for fraudulent purposes, or in connection with a criminal offense, unlawful activities, harassment, or inconvenience.
- We reserve the right to refuse service on the website or close member accounts, especially if you violate applicable law, contractual agreements, or our guidelines.
- Users of this website can delete their account at any time by sending a corresponding message via the contact form. The user's account will be deleted after the user has completed and submitted the form. The period for deleting the account from our website is 30 days.
6 - Claims for Intellectual Property Rights
Adventure Factory respects the intellectual property rights of others. If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please follow our procedure to notify adventure-factory.com about an infringement.
7 - Liability
- We always strive to ensure that the services of Adventure Factory are available without interruptions and that transmissions are error-free. However, due to the nature of the Internet, we cannot guarantee this unconditionally. Your access to the services of Adventure Factory may occasionally be interrupted or restricted, whether for repairs, maintenance, or the introduction of new features. We endeavor to limit the frequency and duration of such temporary interruptions or restrictions.
- Adventure Factory is fully liable if damages are due to an intentional or grossly negligent breach of duty by us, a legal representative, or a vicarious agent of Adventure Factory.
- We are also liable for the slightly negligent violation of essential duties. Essential duties are those whose violation endangers the achievement of the purpose of the contract or whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely. In this case, however, we are only liable for the foreseeable, contract-typical damage. We are not liable for the slightly negligent violation of duties other than those mentioned above.
- The aforementioned limitations of liability do not apply in the event of injury to life, body, or health, in the case of defects after assuming a guarantee for the quality of the product, and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
- If the liability of Adventure Factory is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
8 - Links to Other Websites
- In regards to links not operated by Adventure Factory that are on our website, we have no control over the content of these websites, as they are completely independent of us.
- Therefore, we accept no responsibility for the content of these websites and the consequences of their use by visitors. Accessing all websites available via links is at your own risk. There is no separate notice when you leave the website. However, please inform us immediately about illegal or questionable contents of the linked website.
- Other websites may require our prior consent to set a link to Adventure Factory's websites.
9 - Data Protection
- It may happen that data and information of visitors and users (date, time, page accessed) are stored during server access. We point out that no personal data (e.g., name, address, or email address) will be stored without consent.
- If personal data are collected, we commit to obtaining the user's prior consent and not to disclose any data without prior consent.
- The transmission of data on the Internet (e.g., via email) may have security vulnerabilities. A completely error-free and uninterrupted protection of third-party data cannot be guaranteed, therefore our liability is excluded.
- Third parties are not allowed to use contact data for commercial activities unless the user has previously given written consent.
- The user has the right to information and can at any time obtain complete and free information about the data concerning him.
- The user also has the right to rectification, deletion of data, and restriction of processing.
- Further details are listed separately in our Privacy Policy.
10 - Cookies
- To display our product offerings, we sometimes use cookies. Cookies are small text files that are stored locally in the cache of your internet browser.
- Many websites and servers use cookies, which contain a unique cookie ID. This ID allows us to distinguish and identify your individual browser from others.
- The use of cookies enables us to provide you with more user-friendly services, which would not be possible without cookies.
- Be aware that some of these cookies are transferred from our server to your computer system, often session-related cookies, which are automatically deleted at the end of your browser session. Other cookies remain on your system and allow us to recognize you on your next visit (known as persistent cookies).
- You can object to the storage of cookies; a banner is available for you to express your objection or consent.
- Of course, you can configure your browser to prevent cookies from being stored on your hard drive or to delete cookies that have already been stored. Instructions for this can be found in the help function of your browser or from the software manufacturer.
11 - Changes to the Terms of Use
We reserve the right to change services, rules, conditions, including these Terms of Use, at any time. You are subject to the General Terms and Conditions, Contract Conditions, and Terms of Use in force at the time of your use of Adventure Factory services. If any of these conditions are invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining provisions remain unaffected.
12 - Minors
Our services may only be used by persons under the age of 18 with the participation of a parent or guardian.
13 Contact Information and Legal Notices
For questions about the website, you can reach us at the following contact details: Adventure Factory Tobias König Aubachstraße 24 55126 Mainz Germany14 - Final Provisions
- The contract language is English.
- If you violate these general terms of use and we take no action, we reserve the right to exercise our rights on any other occasion where you violate these terms of use.
- We reserve the right to make changes to our website, rules, conditions, including these Terms of Use, at any time. If a provision of these Terms of Use is invalid, void, or for any reason unenforceable, this provision shall be deemed severable and does not affect the validity and enforceability of the remaining provisions.
- The invalidity of a provision does not affect the validity of the other provisions of the contract. Should this case occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.