General Terms & Conditions (GTC)

1 VENDOR AND SCOPE

1.1 Validity of the terms and conditions

1.1.1

The "plitch.com" portal and the associated service are operated by MegaDev GmbH, based in Kistlerhofstr. 70-G88, 81379 Munich, Germany. The brand, the brand identity, the graphic representations, arrangement, implementation as well as any associated programming of the websites and software are the property of PLITCH Inc. MegaDev GmbH (hereinafter "PLITCH-MD") licensed these from PLITCH Inc. to exercise this offer licensed in your own name and for your own account.

1.1.2

These general terms and conditions (GTC) apply to all contracts with users of the "Plitch.com" portal, in particular members and premium members, and the associated services, unless otherwise agreed in individual cases.

1.2 Definitions

1.2.1

A member is any person who has registered on PLITCH.com or in the PLITCH software by means of an email address and in the course of this has determined a corresponding individual user name and password, under which they can log into the member area or in the PLITCH website at any time the PLITCH software can log in. These individual data remain linked to the member profile and remain valid for all offers.

1.2.2

Premium members are also those members who are entitled to use premium content on the basis of a premium membership contract concluded with PLITCH-MD.

1.2.3

Premium content is content that is only offered to the premium member as part of his concluded premium membership.

1.2.4

Premium memberships are those that the member can purchase for a fee in order to be able to access certain premium content above. These memberships can be concluded as recurring subscriptions or with time-limited terms.

2 CONCLUSION OF CONTRACT

2.1 Conclusion of contract

The membership contract comes into effect with the conclusion of the registration as a member by selecting the button “Complete registration” and acceptance by activating the member account. However, the registration is only completed when the specified e-mail address is confirmed by selecting the control links sent. The conclusion of a contract for premium memberships is described in section 4.

2.2 Content of the contract

The conclusion of a premium membership leads to a binding contractual relationship for the duration of the concluded premium membership.

2.3 Premium membership scope

2.3.1

Directly after the start of the contract, the user can, without exception, access all content that is available at the time of the start of the contract and that is included in his respective premium membership. The provision of only this content reflects the contractual obligation of PLICHT-MD. No user is entitled to update the content or to add new content, software, or services during its term, regardless of whether PLITCH-MD carries out this voluntarily.

2.3.2

If there is a justified suspicion of abuse, PLITCH-MD is free to block the respective user's access as long as there is a suspicion of abuse. For this purpose, PLITCH-MD will contact the respective user to clarify the matter. In the event of misuse, PLITCH-MD is entitled to the options for action specified in these terms and conditions (blocking, extraordinary termination, compensation, etc.).

3 CONTRIBUTIONS AND TERM

3.1 Contributions

3.1.1

The fee for the respective premium membership, the corresponding amount resulting from the choice of the premium member upon the conclusion of the contract, is to be paid immediately upon the conclusion of the contract. With the receipt of the payment confirmation at PLITCH-MD, the premium access is activated.

3.1.2

The member is obliged to ensure that the payment goes smoothly. If payment is not possible or if a reverse booking is made, the resulting costs must be borne by the member. PLITCH-MD is entitled to assert any verifiable damage that occurs as a result. In addition, the account will not be activated or immediately blocked until the payment has been made in full.

3.1.3

If you provide PLITCH-MD or a processor of payment transactions for PLITCH-MD with payment information, you assure PLITCH-MD that you are the authorized owner and user of the account data, cards, personal identification numbers used in connection with the relevant payment (PIN), the key used or the associated account. At the same time, you authorize PLITCH-MD to debit your accounts set up with the respective payment service provider or your credit card or to process your payment with the help of the selected processor of payment transactions with regard to any fees owed by you. PLITCH-MD can, if necessary, request the provision of your address or other data in order to be able to meet existing tax obligations under the relevant tax law.

3.2 Runtime

3.2.1

The contract begins with activation of the respective membership or the acquired services or digital content by PLITCH-MD.

3.2.2

Membership is unlimited in time. The premium membership has the term selected by the member. Members can choose from both automatically self-renewing (subscription) and non-self-renewing (one-time) premium memberships. With the termination of the contract due to the expiry of the term or termination, access to the premium content is blocked, access to or further use of this premium content is then no longer possible. Renewal of an expired or canceled premium membership is only possible by taking out a new premium membership.

3.2.3

The right to extraordinary termination remains unaffected.

4 PURCHASE PROCESS

4.1 Steps to Buy

4.1.1

In order to acquire a premium membership, the user must first become a member according to provision 2.1 of these terms and conditions.

4.1.2

When logged in, the member is then shown the membership options either in the PLITCH software or on the PLITCH website under the menu item "Prices", or in the PLITCH software by clicking on the coin icon.

4.1.3

In the window that then appears, the member sees his or her selected membership on the right-hand side for verification. As part of a standardized 3D Secure 2 standard, various information on invoicing and tax allocation is requested. The specification of this data is mandatory. If the member has already saved the requested data in his profile, it will be pre-filled. If the member fills in other than the stored data in the requested fields, these are automatically updated and saved in his member profile.

The member must then select the preferred payment method. PLITCH-MD is not obliged to offer certain payment mechanisms and can exchange them at any time.

Only when all fields have been filled in and a payment method has been selected, the member can click on the "Next" button below the purchase summary on the right.

After clicking on the "Next" button, the left side next to the summary is updated and shows all the information provided, including the selected payment method, for the purpose of checking. At this point, the user can also choose whether he would like to receive a newsletter in the future. Only when the member has confirmed via the checkbox under the purchase summary on the right that he recognizes that he loses his right of withdrawal with access to our digital content (see section 8), the "Buy now" button below it will be highlighted in green and activated. By clicking on the same, the member finally confirms that he wants to purchase the selected membership at the stated price and thus the will to conclude a contract.

4.1.3.1 | When changing from one premium membership model to another, the member is also informed in the purchase summary about the crediting of his remaining term. The remaining term of the existing premium membership is always fully credited and used before the new premium membership (seamlessly) connects to it. The rest of the purchase process then takes place analogously to the procedure described here.

4.1.3.2 | If you choose to pay by PayPal, the member will be redirected to the PayPal website after clicking on the "Buy now" button, where they will confirm/finalize their payment. The member will then be taken back to a PLITCH confirmation page; At the same time, a purchase confirmation will be sent to the specified email address. If the payment was unsuccessful, this will be indicated to the member on a separate PLITCH confirmation page and no e-mail will be sent.

4.1.3.3 | If the member chooses to pay by credit card, after clicking the "Buy now" button, the member will be redirected to an optically delimited sub-page where they can choose their credit card and enter their card number, credit card validity, CVV number and postcode. Once the member has done this, the final purchase is carried out by clicking on the green "Pay Now" button below the form fields and their credit card is charged. The member will then be taken back to a PLITCH confirmation page; At the same time, a purchase confirmation will be sent to the specified email address. If the payment was unsuccessful, this will be indicated to the member on a separate PLITCH confirmation page and no e-mail will be sent.

4.1.3.4 | Only for EU citizens: If you choose to pay in advance, the member will be redirected to a PLITCH page after clicking the "Buy now" button, on which the PLITCH-MD bank details are displayed for the purpose of bank transfer. The member must then independently make the bank transfer of the membership costs to the specified bank account under the precisely specified subject. If the subject is not included in the transfer as stated and the transfer cannot be assigned to any other specific member, no activation can take place and no further steps will be taken by PLITCH-MD. In this case, the member must contact PLITCH-MD independently and request activation by providing the relevant data. In all other cases, the activation of the premium membership takes place immediately upon receipt of the money on the specified account and the member receives a purchase confirmation by e-mail about the activation to the specified e-mail address.

4.2 Consequences of the purchase

Upon the conclusion of an effective contract, the user receives a new user group that gives him access to all premium content included in the corresponding premium membership. For technical reasons, activation can take up to ten minutes. PLITCH-MD points out that access to the premium content is only possible when you are logged in.

5 RIGHTS / OBLIGATIONS OF THE MEMBER

5.1 Dealing with membership

The member is obliged to ensure that the user access is kept safe. The user password must be kept secret.

5.2 Prohibition of forwarding user access data

Membership in PLITCH-MD is personal and cannot be transferred. The member is therefore obliged to use the user access data exclusively personally and not to pass it on to third parties (account sharing). In the event of a breach of this provision, PLITCH-MD is entitled to extraordinary termination of the membership contract.

5.3 Scope of use per household

5.3.1

The conclusion of (any) membership entitles the member to use the content of the website from any number of computers worldwide.

5.3.2

The use of the software and / or the software functions is limited worldwide to 3 computers (hardware profiles) per household, whereby the membership can only be used from one of the 3 hardware profiles at the same time.

5.3.3

If a member has already saved 3 hardware profiles for his membership and is now trying to save a 4th, a message appears in the software indicating which of the remaining 3 profiles the member would like to deactivate instead. In principle, the member can carry out this process as often as desired, but PLITCH-MD reserves the right to block this option in the event of suspected abuse until further clarification by the support; In extreme cases, the member's entire access to premium content can be blocked until the situation has been clarified.

5.4 Dissemination of content

5.4.1

The distribution of content that the member has acquired through his membership (beta versions, premium cheats, etc.) is prohibited. In the event of a violation, PLITCH-MD is entitled to extraordinary termination of the membership contract.

5.4.2

For a violation according to 5.4.1, neither the medium nor the type, the range, nor the ownership of the medium that was used for the distribution is relevant.

5.5 Restriction to single player modes

5.5.1

All content created by PLITCH Inc. as well as by PLITCH-MD that has an impact on third-party programs, especially PC games, is designed exclusively for the respective single player mode and in no way intended for use in multiplayer modes. By using the content provided, the user hereby agrees to respect and conscientiously follow this. Even the attempt to use the content in the multiplayer modes in an opposing manner is considered a violation of these GTC.

5.5.2

In the event of a violation or suspicion of a violation of 5.5.1 of these Terms and Conditions, PLITCH-MD reserves the right to block the respective user profile until the situation has been clarified. In the event of a proven violation, PLITCH-MD further reserves the right to extraordinary termination in accordance with these terms and conditions and to permanently block the user.

5.6 Etiquette and support

5.6.1

PLITCH-MD reserves the right to limit or completely discontinue support via the ticket system (and, if applicable, by email) in individual cases, provided that the ticket system is misused in the form of spam / spamming or other undesirable statements, including but not limited to, Advertising, profanity, vulgarity, insults, propaganda, (extreme) political views or (verbal) violations of the law. In special cases, this can also be done without a warning.

5.6.2

In the event of repeated infringement, PLITCH-MD is entitled to block the member profile and, if necessary, to extraordinarily terminate any existing membership contract.

6 FORUM REGULATIONS FOR (PREMIUM) MEMBERS

6.1 Forum guidelines

6.1.1

PLITCH-MD is entitled to set up binding forum guidelines for the PLITCH website and software for members and premium members. The forum guidelines contain, in particular, regulations on permitted use and behavior in the respective forum areas. Furthermore, the guidelines aim to prevent the violation of the rights of other users and to comply with applicable law.

6.1.2

The forum guidelines can be changed/adapted at any time by PLITCH-MD.

6.2 Forum moderators

The member is entitled to use all forum areas at any time. The members are looked after by the forum moderators and / or other registered users. The moderators are entitled to issue instructions insofar as this is necessary to maintain orderly operation of the forum, order and security or to comply with the forum guidelines. These instructions must be followed, otherwise the account may be temporarily or permanently blocked (analogous to 2.2.2).

6.3 Rights of use to user-generated content

6.3.1

The user grants PLITCH-MD, insofar as this is necessary for the provision of the contractual services, the right to reproduce the content uploaded or set by him for use in the context of PLITCH and the PLITCH FORUMS and on the user's end devices edit, insofar as the editing is necessary for conversion into a file format suitable for further distribution, and to make it publicly accessible, send and otherwise publicly reproduce, in particular, to keep the content available for retrieval by any third party via the Internet. In addition, the user grants PLITCH-MD in particular the right to allow any third party to download the content to their end devices and use it there as intended, and to grant the third party the necessary rights of use, as well as individual content or extracts, etc. a. to use for preview purposes to advertise the services of PLITCH-MD and to reproduce, distribute and make publicly available the relevant content or otherwise publicly reproduce it and to grant third parties the necessary rights of use.

6.3.2

The above granting of rights in accordance with Section 6.3 takes place by posting or uploading content. The user assures PLITCH-MD that he is entitled and able to grant usage rights to the extent specified above. PLITCH-MD is entitled to request evidence from the user that he has the necessary usage rights.

6.3.3

To the extent that PLITCH-MD gives users the option of making their own content available to third parties, e.g. In the context of a discussion forum or chat, PLITCH-MD does not check the content for completeness, correctness, legality, topicality, quality, or suitability for a specific purpose. PLITCH-MD only provides the technical platform for the publication of the content posted by the users. PLITCH-MD is therefore not responsible for third-party content or content to which PLITCH-MD merely provides access. This also applies to the unchanged intermediate storage of third-party content. PLITCH-MD advises the user that PLITCH-MD only checks content if and to the extent that PLITCH-MD has been informed of its illegality. PLITCH-MD expressly requests users to report illegal content.

6.3.4

The user declares and warrants to PLITCH-MD that he is the sole owner of all rights to the content he has posted, or that he is otherwise authorized (e.g. through effective permission from the rights-holder) to post the content.

7 LIABILITY

7.1 Unlimited liability

PLITCH-MD has unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. In the case of slight negligence, PLITCH-MD has unlimited liability for damage resulting from injury to life, limb and health of people.

7.2 Limited liability

In addition, PLITCH-MD is only liable for slight negligence in the event of a breach of essential contractual obligations (cardinal obligations). Cardinal obligations are obligations that enable the contract to be properly implemented and compliance with which the member can regularly rely on. Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded, typical in its type, manner and occurrence and which may arise through the use of the software made available by PLITCH-MD, but does not include damage that caused the damage Require user action. This limitation of liability also applies in the event that PLITCH-MD's vicarious agents are at fault.

8 RIGHT OF WITHDRAWAL

If the user is a consumer with their usual place of residence or domicile in the European Union, they have a statutory right of revocation in accordance with the following cancellation policy:

8.1 Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must MegaDev GmbH, Kistlerhofstr. 70-G88, 81379 Munich, payments@megadev.info, by means of a clear statement (e.g. a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

8.2 Withdrawal Form

You can download the withdrawal form here.

9 VOLUNTARY MONEY-BACK GUARANTEE

9.1 Description

For all PREMIUM members, we offer a voluntary, 20-day refund called "Money-Back Guarantee" (MBG). This service can only be used once, namely as part of the first PREMIUM MEMBERSHIP order. The offer is also expressly aimed at new customers, i.e. Even customers who take out several memberships can only use MBG once if they are not satisfied with our products or content. The MBG does not apply to premium memberships with terms of less than 3 months.

9.2 Making use of the money-back guarantee

In order to use the MBG, you must contact PLITCH-MD via the ticket system. The process outlined in the FAQ must be followed. In the case of entitlement to the MBG, the purchase amount paid will be fully refunded to the original payment method and the premium membership will be deactivated. If there is no entitlement to the MBG, any pause in the premium membership will be canceled and the concluded contract continued regardless.

10 COPYRIGHT AND USE RIGHTS

10.1 Usage rights

10.1.1

Regardless of the status of the user according to 1.2 ff., PLITCH-MD grants, without exception, a non-transferable right of use for non-commercial use, limited in time to the respective term. Premium members also have the right to use the additional premium content for a limited period of time. Any transfer to third parties, distribution, or publication, be it in digital or embodied form, is prohibited within the framework of the standards of the UrhG.

10.1.2

PLITCH-MD reserves the right to grant appropriate usage rights only upon receipt of full payment.

10.1.3

Under no circumstances is the user entitled to remove copyright notices, trademarks, or other legal reservations on or on the content acquired.

11 PRIVACY POLICY

PLITCH-MD collects, processes and uses the member's personal data in accordance with the information in our data protection declaration, which can be accessed on the PLITCH website.

12 DAMAGES

If PLITCH-MD has the right to extraordinary termination of membership according to these terms and conditions and if PLITCH-MD makes use of this right, the member has no right to reclaim (proportionate) contributions. PLITCH-MD reserves the right to claim damages.

13 FINAL PROVISIONS

13.1 Changes to these terms and conditions

PLITCH-MD reserves the right to change or expand these terms of use at any time with effect for the future provided this is necessary and does not disadvantage the user contrary to good faith. A change may be necessary in particular to make adjustments to a change in the legal situation. Newly issued court decisions are also considered to be a change in the legal situation. Changes and further developments by PLITCH can also make it necessary to change or add to the terms of use.
The changes become effective when PLITCH-MD points out the changes, the member can take note of the changes and does not object to them within two weeks of receiving the notification of change. In the event of an objection, PLITCH-MD is entitled to terminate the membership contract on the last day of the month.

13.2 Offsetting prohibition

The member may only offset undisputed or legally established claims.

13.3 Ineffectiveness of individual provisions

Should one or more provisions of this contract be or become ineffective, this shall not affect the effectiveness of the contract or its other provisions.

13.4 Applicable Law

The law of the Federal Republic of Germany applies to the exclusion of international sales law and the CISG.

13.5 Download these Terms of Use

These terms of use can be downloaded from www.PLITCH.com under the General Terms and Conditions menu item.

13.6 Online dispute resolution

13.6.1

The Commission of the European Union provides an internet platform for online dispute resolution (so-called OS platform). The OS platform serves as a possibility for the out-of-court settlement of disputes regarding contractual obligations from online sales contracts or contracts between consumers and entrepreneurs residing in the European Union. The platform can be accessed by clicking on the following link: https://ec.europa.eu/consumers/odr

13.6.2

PLITCH-MD is not prepared to participate in such an out-of-court settlement of disputes that arise from contracts with our customers, not even according to the VSBG (Consumer Dispute Settlement Act).

Munich, Thursday, September 3, 2020

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