We may change these Terms and Conditions at any time. You are responsible for checking these Terms and Conditions for changes periodically. If you continue to use the Website after we post changes to these Terms and Conditions, you are signifying your acceptance of the new terms. The materials contained in this Website are protected by applicable copyright and trade mark law.
2. Disclaimer and Liability
The materials on the Website are provided “as is”. We do not warrant that any of the materials on this Website are accurate, complete, or current and we retain the right to make changes to the materials and the content contained on the Website at any time without notice and we do not, however, make any committment to update the materials. No representations are made about the reliability of the features and the content and User Content, nor about the non-infringement of intellectual property rights or other violation of rights. All liabilities in the event of any service failure are disclaimed. You acknowledge that any reliance on any material and/or systems will be at your own risk. No representations are made regarding the amount of time that any content or User Content will be preserved. In no event shall we be liable for any damages arising out of the use or inability to use this Website, even if we have been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The Website Owner is not liable for any typing or other error, shortcoming or mistake in connection with the content of the Website. In no case will the Website Owner be liable for any direct, indirect or consequential damage, any damage to any hardware or devices, any loss of data, profit, turn-over, savings, customers or business opportunities, any damage to image or reputation and any moral damage. Notwithstanding the above the Website Owner’s total aggregate liability is limited to EURO 500,00.
Notwithstanding the foregoing, the Website Owner shall not be held liable for any direct or indirect damages resulting from any Third Party Works.
We do not control websites to which hyperlinks are made available on the Website and we cannot be held liable for any inappropriate, unlawful or illegal content on those websites or for any hyperlinks available on those websites to other websites. The fact that our Website contains hyperlinks to other websites does not imply an approval or quality guarantee by ourselves.
It is prohibited to place on our Website, without our prior, explicit and written consent, any deeplinks or to distribute links to compressed content in .zip or a similar format on the Website, and to place any framed links or inline links to (any part of) the Website. In any case of linking to the Website, the webpage containing the hyperlink has to, if one clicks that hyperlink, disappear completely and the full URL of (the part of) the Website has to be clearly visible in the address bar.
4. Your Responsibilities
You may use the Website for lawful purposes only. You may not submit or transmit through the Website any material, or otherwise engage in any conduct that i) violates or infringes the rights of others including, but not limited to patent, trademark, trade secret, copyright, publicity or other proprietary rights, ii) is unlawful, threatening, or contains explicit or graphic descriptions of sexual acts, iii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, iv) impersonates any person, business or entity, v) contains viruses or malware.
You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions.
5. User Content
On certain areas of our Website you will be allowed to create an account (the “Account“). You achnowledge that this Account is not your property. You shall bear the sole responsibility for all use of your Account and for the confidentiality of your password. You represent that all information submitted to create your Account is accurate and truthful. You may not share or transfer your Account or your Account password or other access information with any other party. Via that Account or otherwise you will be allowed until further notice to chat with other users and submit content in the form of texts, files and other materials (“User Content”). It is not permitted, unless specifically authorised in writing by ourselves, to post any content that contains business solicitation of any type, including advertising a product or service. Your posting of User Content is subject to these Terms and Conditions and the following rules. Users found in violation of these rules in our sole discretion may have their Accounts terminated and User Content permanently deleted by ourselves, or may otherwise have their access to the Website restricted or terminated at anyone point of time and without notification or explanation. We do not assume any responsibility for User Content eliminated according to the foregoing. User Content is not necessarily reviewed by ourselves prior to posting and we make no warranties as to its accuracy and reliability, nor do opinions expressed in User Content necessarily reflect the opinions of the Website Owners. By posting User Content you hereby grant the Website Owners limited, non-exclusive, sub-licensable, worldwide, and fully-paid royalty free license to use, publicly display and distribute such User Content.
6. Age Restrictions
Helpagames avails its services only to users aged 18 years or older. By using the Website you confirm that you are 18 years of age or older. If you are under 18 years of age please do not access the Website and leave it immediately. It will be the sole responsibility of parents our guardians of persons under the age of 18 to safeguard that the use of electronic devices granting internet connection and the access to this Website will be strictly made in compliance with these Terms and Conditions and they will assume full liability for any consequences. Under no circumstances including, but not limited to, negligence neither the Website Owners, any third party content provider, nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Website in compliance with these Terms and Conditions by users under 18 years of age, even if such party has been advised of the possibility of such damages.
7. Copyright Policy
We take protection of trademark and copyrights, both our own and others, very seriously. If you are a trademark or copyright owner and have a good-faith belief that material on our website infringes one of your trademark or copyrights, you may notify us by a duly signed written letter (the“ Infringement Notice“), specifying in reasonable detail the proprietory material and your ownership title to such trademark or copyright. Upon receipt of such an Infringement Notice we will disable access to the allegedly infringing materials and will promptly notify the individual who posted the materials that access has been disabled.
8. Data Protection
In principle, a user can visit the Website without providing any personal data. However, a user might choose to participate in various activities on the Website such as chat, posting messages in the games comment section or in our forums, sending feedback, entering contests, responding to surveys, or subscribing to newsletters or other mailing or in creating user profiles. In this case the user has to provide some personal data, such as the user’s e-mail address or the Website Owner will collect certain electronic data, such as the user’s IP address. Information that you disclose in these areas is public information and will be accessible to anyone who uses this Website. When a user provides personal data to the Website, then he provides his consent to the Website Owner to process these for the purposes mentioned below concurrently. If these personal data concern another person than the user, then the user warrants that he is entitled to provide this consent on behalf of that other person.
Personal data provided by the user will be processed for the purposes of responding to the user’s contact with the Website Owner or other communications related to the Website, statistical analyses and/or keeping the user informed of new initiatives and activities of the Website Owner (e.g. via newsletters).
The personal data may be transferred to organisations with whom the Website Owner has a contractual relationship (e.g. processors of personal data) or judicial authorities in case of a legal obligation or a request. The personal data will not be sold or transferred to any other third parties.
From time to time we may include at the Website links to other websites as a service to you. The third party sites are operated by companies that are outside of our control and your activities at those sites will be governed by the policies and practices of those third parties. We encourage you to review the privacy practices of these third parties before disclosing any personally identifiable information, as we are not responsible for the privacy practices of those sites.
To personalize the Website and to simplify the registration process, we give you the option to link your account with Facebook. When you link your account, Facebook may share data about you with us, and we may share information about you with Facebook. In addition, Website users who are your friends on Facebook will be shown your Helpagames username if you have both linked your Facebook accounts.
This Website uses passive tracking technologies to log information such as IP address, browser type, pages visited, and website usage such as what pages are accessed, how often, referring/exit pages and URLs. We may also employ cookies or similar technologies such as web beacons, match scripts, or pixel tags that provide additional functionality to the Website and help us analyze website usage more accurately. You can set your browser to reject cookies, but if you do, some features on our website may not function normally.
We strive to maintain the security of your personal information through a variety of security measures. We urge you to protect your password by not sharing it with anyone else and to take measures to prevent it from unauthorized access or disclosure.
9. Governing Law
These Terms and Conditions are construed under the substantive laws of the Republic of Austria. Any disputes relating to this Website shall be governed by Austrian law. Non exclusive jurisdiction is vested in the Commercial Court of Vienna, Austria.
last time edited on 28.1.2015