1 VENDOR AND SCOPE
1.1 Validity of the terms and conditions
The "plitch.com" portal and the associated service are operated by MegaDev GmbH, based in Kistlerhofstr. 70-G88, 81379 Munich, Germany, referred to as “PLITCH” in the following.
These general terms and conditions (TS&CS) 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.
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 PLITCH website or the member area in the PLITCH software at any time. These individual data remain linked to the member profile and remain valid for all offers.
Premium members are also those members who are entitled to use premium content on the basis of a premium membership contract concluded with PLITCH.
Premium content is content that is only offered to the premium member as part of their concluded premium membership.
Premium memberships are those that the member can purchase for a fee in order to be able to access said 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 clicking the sent control links. 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
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 their respective premium membership. The provision of only this content reflects the contractual obligation of PLITCH. No user is entitled to expect updates to the content or to request having added new content, software, or services during its term, regardless of whether PLITCH carries out this voluntarily.
If there is a justified suspicion of abuse, PLITCH is free to block the respective user's access as long as there is a suspicion of abuse. For this purpose, PLITCH will contact the respective user to clarify the matter. In the event of misuse, PLITCH is entitled to the options for action specified in these terms and conditions (blocking, extraordinary termination, compensation, etc.).
3 CONTRIBUTIONS AND TERM
The fee for the respective premium membership, which is the corresponding amount resulting from the choice of the premium membership 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, the premium access is activated.
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 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.
If the member provides PLITCH or a processor of payment transactions for PLITCH with payment information, they assure PLITCH that they 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, the member authorizes PLITCH to debit their 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 them. PLITCH can, if necessary, request the provision of their address or other data in order to be able to meet existing tax obligations under the relevant tax law.
The contract begins with activation of the respective membership or the acquired services or digital content by PLITCH.
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 purchasing a new premium membership.
The right to extraordinary termination remains unaffected.
4 PURCHASING PROCESS
4.1 Purchasing steps
In order to acquire a premium membership, the user must first become a member according to provision 2.1 of these terms and conditions.
When logged in, the member is shown the membership options either in the PLITCH software or on the PLITCH website under the menu item "Premium", or in the PLITCH software by clicking on the crown icon. Memberships that can be activated by a one-time purchase are recognizable and convertible by switching to "Non-Recurring”.
220.127.116.11 | In the window that then appears, the member sees their selected premium membership on the right-hand side for verification. As part of a standardized 3D Secure 2 standard, various information on invoicing and tax allocation are requested. The specification of this data is mandatory. The following steps must be completed in the given order, as the respective field below will remain greyed out as long as the previous entries have not been confirmed.
If the member has already saved the requested data in the “Billing information” section on their profile, it will be pre-filled. If the member fills in information other than the stored data in the requested fields, these are automatically updated and saved on their member profile after clicking the “Save my billing information” button below the section.
Following confirmation, the selection of payment methods automatically appears within a scrollable list. PLITCH is not obliged to offer certain payment mechanisms and is free to change those at any given time. The member must then choose the preferred payment method by selecting one from the list by click.
After confirming the payment method, the list of unselected methods becomes hidden and the member has the choice to redeem a VIP code by clicking on "I have a VIP code", entering their voucher code in the field that appears and confirming it with the "Redeem" button.
At this point, the user can also choose to receive newsletters in the future by checking the box that appears, thus agreeing to receive updates and news about PLITCH.
Only after all fields have been filled in and confirmed, the "Buy now" button below the purchase summary on the right will be highlighted and clickable. By clicking on the same, the member finally confirms that they want to purchase the selected membership at the stated price and thus the will to conclude a contract.
18.104.22.168 | When changing from one premium membership model to another, the member is also informed about the crediting of their remaining term in the purchase summary. 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 purchasing process then takes place analogously to the procedure described in the TS&CS.
22.214.171.124 | When choosing to pay with 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.
126.96.36.199 | 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 "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.
188.8.131.52 | When choosing one of the other payment methods, which are provided depending on the specified billing country, the member will be redirected to an optically delimited sub-page after clicking on the "Buy Now" button. On this page, the data requested there must be entered, after which the final payment must be confirmed. The member will then be taken back to a PLITCH confirmation page; at the same time, a purchase confirmation is sent to the provided e-mail address. If the payment was not successful, the member will be notified on a separate PLITCH confirmation page and no email will be sent.
184.108.40.206 | Only for EU citizens that selected the non-recurring 12-month plan: If the member chooses to pay in advance, they will be redirected to a PLITCH page after clicking the "Buy now" button, on which the PLITCH 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. In this case, the member must contact PLITCH 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 as well as a confirmation about the activation by e-mail 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 them access to all premium content included in the corresponding premium membership. For technical reasons, activation can take up to ten minutes. PLITCH 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 to PLITCH 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 is entitled to extraordinary termination of the membership contract.
5.3 Scope of use per household
The conclusion of (any) membership entitles the member to use the content of the website from any number of computers worldwide.
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.
If a member has already saved 3 hardware profiles for their 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 reserves the right to block this option in the event of suspected abuse until further clarification by the support team; 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
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 is entitled to extraordinary termination of the membership contract.
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
All content created by PLITCH Inc. as well as by PLITCH that has an impact on third-party programs, especially PC games, is designed exclusively for the respective single-player modes and is 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 an attempt to use the content in the multiplayer modes in an opposing manner is considered a violation of these TS&CS.
In the event of a violation or suspicion of a violation of 5.5.1 of these Terms and Conditions, PLITCH reserves the right to block the respective user profile until the situation has been clarified. In the event of a proven violation, PLITCH 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
PLITCH 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.
In the event of repeated infringement, PLITCH is entitled to block the member profile and, if necessary, to extraordinarily terminate any existing membership contract.
6 FORUM REGULATIONS & USER GENERATED CONTENT
6.1 Forum guidelines
PLITCH is entitled to establish binding forum guidelines for the PLITCH website and software for members and premium members. The forum guidelines contain, in particular, regulations on permissible use and behavior in the respective forum areas. Furthermore, the guidelines aim to prevent the violation of other users' rights and to ensure compliance with applicable law. The forum guidelines can be changed/adjusted by PLITCH at any time. The current version can be viewed here and can be found as a fixed, constantly updated forum post in the forum.
6.2 Rights of use to user-generated content
The user grants PLITCH, insofar as this is necessary for the provision of the contractual services, the right to reproduce the content uploaded or set by them 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 in particular the right to allow any third party to download the content to their end devices and to use it there as intended, and to grant the third party the necessary rights of use, as well as individual content or extracts to use for preview purposes to advertise the services of PLITCH, for example, 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.
The above granting of rights in accordance with Section 6.3 takes place by posting or uploading content. The user assures PLITCH that he is entitled and able to grant usage rights to the extent specified above. PLITCH is entitled to request evidence from the user that he has the necessary usage rights.
To the extent that PLITCH 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 does not check the content for completeness, correctness, legality, topicality, quality or suitability for a specific purpose. PLITCH only provides the technical platform for the publication of the content posted by the users. PLITCH is therefore not responsible for third-party content or content to which PLITCH merely provides access. This also applies to the unchanged intermediate storage of third-party content. PLITCH advises the user that PLITCH only checks content if and to the extent that PLITCH has been informed of its illegality. PLITCH expressly requests users to report illegal content.
The user declares and warrants to PLITCH that they are the sole owner of all rights to the content they have posted, or that they are otherwise authorized (e.g. through effective permission from the rights-holder) to post the content.
7.1 Unlimited liability
PLITCH 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 has unlimited liability for damage resulting from injury to life, limb and health of people.
7.2 Limited liability
In addition, PLITCH 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 upon. 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, but does not include damage that is caused by intentional user action. This limitation of liability also applies in the event that PLITCH's vicarious agents are at fault.
8 RIGHT OF WITHDRAWAL
If the user is a consumer within 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
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 contact MegaDev GmbH, Kistlerhofstr. 70-G88, 81379 Munich, email@example.com, 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 (under 8.3) however, for this purpose 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.
8.2 Consequences of withdrawal
If the member withdraws from this contract, we will action that all payments that we have received from them, 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), are repaid immediately and at the latest within fourteen days from the day on which we received notification of their cancellation of this contract. For this repayment, we will use the same means of payment that were used for the original transaction unless something else was expressly agreed with the member. In no case will the member be charged any fees for this repayment.
8.3 Withdrawal Form
You can download the withdrawal form here.
9 VOLUNTARY MONEY-BACK GUARANTEE
For all Premium members we offer a voluntary 20-day refund called "Money-Back-Guarantee" (MBG). This service can be used only once and namely as part of the first Premium Membership order ("first purchase"). The 20-day period begins on the day of purchase, which is the corresponding calendar day indicated on the invoice as the first day. In addition, the offer is expressly directed only at new customers, i.e. even customers who take out several memberships can only use the MBG once if they are not satisfied with our products or content.
9.2 Making use of the money-back guarantee
In order to use the MBG, you must contact PLITCH 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 cancelled and the concluded contract continues regardless.
10 COPYRIGHT AND USE RIGHTS
10.1 Usage rights
Regardless of the status of the user according to 1.2-1.2.4, PLITCH 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 German Copyright Act (UrhG).
PLITCH reserves the right to grant appropriate usage rights only upon receipt of full payment.
Under no circumstances is the user entitled to remove copyright notices, trademarks or other legal reservations within or on the content acquired.
PLITCH 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.
If PLITCH has the right to extraordinary termination of membership according to these terms and conditions and if PLITCH makes use of this right, the member has no right to reclaim (proportionate) contributions. PLITCH reserves the right to claim damages.
13 FINAL PROVISIONS
13.1 Changes to these Terms and Conditions
The changes become effective when PLITCH 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 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.
13.6 Online dispute resolution
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
PLITCH 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).