General Terms and Conditions =nil; game
The game provided under these General Terms and Conditions (the "Game") is offered by nil LLC (hereinafter "nil"). Access to the Game and the services related to the Game is provided exclusively based on these General Terms and Conditions ("GTC").
1. SCOPE OF APPLICATION AND CONCLUSION OF AGREEMENT
(1) An effective game subscription with nil (hereinafter "Game Participation") is required for participation in the Game.
(2) By setting up a game account or joining users own profile, the user submits an approval for its participation for an indefinite period of time or as stated in published Game rules. In doing so, the user (hereinafter the "User") is requested to agree to the inclusion of these GTC as amended from time to time.
Without such consent, participation in the Game shall not be possible.
(3) The validity of any terms and conditions of users of the Game (hereinafter "Users") is hereby expressly rejected. Any terms and conditions of Users shall only apply if nil has expressly agreed to these in writing.
(4) Additional game rules, participation requirements, and communication standards for the Game (collectively: "Game Rules") are published on the Game's websites/Telegram bot or in the Game itself, as applicable. By participating in the Game, the User also accepts these Game Rules as binding. In case of discrepancies between these GTC and the Game Rules, these GTC shall prevail over the Game Rules unless the Game Rules expressly provide for precedence over these GTC.
(5) nil offers the Game exclusively to consumers within the meaning of nil’s domicile governing law. Using the Game for profit purposes is not permitted. Participation in the Game is for entertainment purposes only.
(6) nil offers participation in the Game to all persons who have reached the age of 18 at the time of registration for the Game. Minors below the age of 18 are only entitled to play if they have the consent of their legal representative. All persons whose game account has been blocked in accordance with these GTC are explicitly not eligible to participate.
(7) The subscription/joining to the Game should be done in person. Registration and login by third parties, particularly third parties who make registrations of individual persons commercially with various tele-media providers (registration services or entry services), are not permitted.
(8) With the successful setup of a game account/joining nil game bot profile, the User agrees to this terms and Game Rules that entitles the User to use the Game under the following conditions.
2. DESCRIPTION OF SERVICES
(1) nil offers Users free use of the Game. In addition, nil offers the User the possibility of acquiring points that can be used, among other things, to get Reward if highest number reached as per each nil Game Rules.
(2) For the duration of the existence of the Game, nil grants the eligible Users (see Section 1) a simple right to use and interact within the Game that is limited in terms of territory, time, and content, and is revocable, non-exclusive, non-sublicensable, and nontransferable in its respective current version. The right of use applies exclusively to private, i.e., neither commercial nor industrial use. The right of use is limited to the gameworld selected with the game account/platform bot. A User may not have more than one game account per gameworld at any one time.
(3) The Game is a live game inherently characterized by the fact that it can change at any time. nil reserves the right to further develop the Game or the gameworlds, the various free features, and the premium features in order to maintain interest in the game for as many Users as possible in the long term. The User shall be appropriately informed in this respect. No additional costs shall be incurred to the User as a result of such changes.
(4) nil reserves the right to discontinue the operation of the Game or individual gameworlds at any time without giving reasons. Nil shall announce the discontinuation of the operation of the Game or the gameworld in advance with a reasonable period of notice in accordance of these GTC.
(5) The following provisions of this Section only apply to Games organized in rounds: Each gameworld goes through a life cycle ("Game Round"), which is influenced by the progress of the players in that gameworld. At the end of the Game Round, the Game ends with a winner, and the respective gameworld is reset, with all participants losing their game progress achieved up to that point. This is a fundamental game mechanic. Accordingly, Users are not entitled to retain their game situation or position at the end of the Game Round or transfer it to another gameworld.
3. VIRTUAL CURRENCY AND VIRTUAL GOODS
(1) When credits/points are added to the User's game account/profile, the User receives a simple right of use for the points acquired based on the Game Rules, which is limited in time to the Game as case might be and in content to the gameworld, and which is non-transferable or sub-licensable. Accordingly, when referring to the transfer of points, the terms "sell" or "buy" mean the transfer or acquisition of the right of use described above for a consideration. The terms "buyer", "seller", "sale", and "acquisition", and similar terms have a corresponding meaning in the context of credits/points. This shall also apply accordingly to other virtual goods.
(2) Any trading or exchange of points, game money, or other virtual currencies, or any virtual goods used in connection with the Game for real money or other consideration outside of the Game is expressly prohibited. This shall not apply if such an exchange or trade is carried out directly with nil or if nil grants express permission for such a trade on platforms to be explicitly named by nil. A violation entitles nil to terminate the subscription to the Game of all Users involved in the respective incident in accordance with the requirements of these GTC.
(3) Notwithstanding all other agreements and the rights of nil, the right to use the credits/points shall, in any case, end when the Game ends.
4. OBLIGATIONS OF THE USER
(1) Game accounts/profiles are bound to the person registered at the beginning and may not be sold, traded, given away, or otherwise transferred, unless this has been expressly approved by nil. A User may not share their game account/profile with third parties unless this option is expressly permitted by the type of game account/profile or Game profile bot platform provider (in particular "dual accounts").
(2) The use of the Game is only permitted through the regular channels provided for this purpose. For browser games, this means that the usage is conducted via a common internet browser that has not been specifically modified or manipulated with the Game in mind. If, on the other hand, the Game requires the installation of a client, only the unmodified client software originating from nil in its respective latest version may be used to play the Game. The use of older client software versions is, in most cases, not possible for technical reasons. Use of the Game through modified client software originating from third parties is expressly prohibited.
(3) The User undertakes to comply with the laws and regulations applicable to them when using all websites, Game platforms/applications or bots and Games operated by nil.
(4) The User undertakes to comply with the applicable Game Rules.
(5) The following actions are prohibited when using the Game and the communication and interaction options provided to the User by nil, including the names and titles to be chosen by the User in the Game:
> Disseminating statements with insulting, harassing, violent, violence-promoting, riotous, sexist, obscene, pornographic, racist, morally reprehensible, or otherwise objectionable or prohibited content;
> Insulting, harassing, threatening, scaring, or slandering of other Users;
> Spreading statements with religious or political content;
> Distributing commercial advertising or correspondingly promotional statements;
> Any kind of spam or mass mailing of messages, especially messages with nongame related content, chain letters, pyramid schemes, and similar forms of spam;
> Spying on, passing on, or disseminating personal or confidential information of third parties (including nil and nil employees) or otherwise disregarding the privacy of third parties;
> Spreading untrue allegations about race, religion, gender, sexual orientation, origin, social position of third parties or the employees of nil;
> Spreading untrue allegations about third parties or nil;
> Pretending to be an employee of nil or an affiliated company or partner of nil;
> Unauthorized use of legally protected materials, in particular pictures, photographs, graphics, videos, music, sounds, texts, trademarks, titles, designations, software, or other contents of third parties;
> Use or distribution of prohibited content;
> Deliberate exploitation of bugs, exploits, other errors, vulnerabilities, or weaknesses in the programming of the Game or the related website/application or platform;
> Taking measures that could lead to an excessive load on the servers and/or massively affect the game flow for other Users;
> Hacking or cracking as well as the promotion or encouragement of hacking or cracking; this includes, in particular, the use of third-party software for this purpose;
> Creation or use of cheats, mods, or hacks, as well as the use of other software produced by third parties which purposefully alters the game experience of the Game, without this being expressly intended by the Game;
> Spreading files that contain viruses, Trojans, worms, or other malware;
> Use or distribution of software programs that have an automation function that assists the User in playing the Game or takes over the Game in whole or in part.
This includes macros, bots, scripts, or other software programs and other "cheat utility" software programs;
> Modifying or altering the Game, the websites of the Game, or any part thereof;
> Using software that enables "data mining" or otherwise intercepts, alters, or collects information related to the Game, in particular data received and sent;
> Infiltrating the game servers or website servers of the Game.
(6) nil only provides a platform for communication between the players. The User is responsible for the content of such communication. The platform is intended only for game-related communication. Systematic misuse of the platform made available for communication for non-game purposes is prohibited.
(7) A culpable violation of paragraphs (1) to (6) constitutes a breach of contract and may, depending on the severity of the act of infringement, result in a deduction of game progress, an immediate temporary suspension of the game account or an ordinary or even extraordinary termination of the Game in accordance with the requirements of these GTC.
(8) nil reserves the right to refuse the User the conclusion of a new Game after a permanent blocking or deletion of a game account/profile, especially after an extraordinary termination of the Game caused by the User.
(9) The User must keep the password (if any) received for access to the Game confidential and change it regularly for security reasons. If a third party makes use of a User's game account after having obtained the related login data because the User is at fault for not sufficiently protecting such data against unauthorized access, the User must allow themselves to be treated as if the User themselves had acted. The User is free to prove that it was not the User who acted and that the User has sufficiently secured the game account/profile against unauthorized access. For special dual accounts or comparable accounts offered by nil for multiple Users, the authorized Users may share the account data as long as all authorized Users adhere to the special usage rules for the dual accounts and observe the applicable restrictions.
(10) nil will communicate with the User mainly by email or other platforms ( “X” / “Telegram”). It is the responsibility of the User to ensure that emails/msg sent by nil to the email address or profile provided by the User during registration or later communicated to nil reach the User and, in particular, that a spam filter does not block them, and that the User takes note of such emails/msg.
5. AMENDMENT OF THE GTC BY nil
(1) nil reserves the right to amend or supplement these GTC with effect for the future, if this is deemed necessary for valid reasons. This includes in particular cases in which adjustments to the legal and statutory situation or new technical developments are necessary, gaps in the regulations are to be closed, or the range of services of nil is changed or such changes occur for the benefit of the User. If the contractual balance between the parties is significantly disturbed by the amendment and if the amendment becomes unreasonable for the User, as a result, the amendment shall not be made.