Terms of Services

Preambel

Striked GmbH, authorized managing director: Tristan Kreuziger, Planckstr. 13, 22765 Hamburg (hereinafter "Striked GmbH") is the operator of the platform striked.gg (hereinafter "Striked"), on which customers can purchase and download video games and other content in digital form. In addition, there is the possibility to communicate with other customers. The contract of use for the use of the platform of Striked is concluded directly between the customer and Striked. The following General Terms and Conditions of Striked (hereinafter referred to as "GTC") regulate the legal relationship between Striked and the users. The contracting party is Striked GmbH.

In this respect, the following terms of use apply.

§ 1 Prerequisites for use

Prerequisite for using the platform is registration with Striked. The registration is free of charge. Multiple registration by one customer is not allowed.
To register, the customer has to fill out a registration form.
1. As access data the customer chooses a user name and a password.
2. The customer must provide the data requested in the registration form completely and correctly. Registration with extraneous or otherwise inaccurate information is prohibited.
3. Striked confirms the receipt of the data transmitted with the registration to Striked by an e-mail to the e-mail address indicated by the customer with the registration.
4. If the customer subsequently wants to purchase Striked content for a fee, he must deposit means of payment and corresponding payment data in the further course. This can be done at any time and is also free of charge.
The user account and the purchased content are personal and may not be sold, given away or otherwise transferred to third parties.
There is no right to a registration with Striked. Striked can refuse a registration without giving reasons. In this case the transmitted data will be deleted immediately.
Only persons with unlimited legal capacity who are at least 18 years old are allowed to register. Users who are not yet 18 require the consent of their legal guardians.
Every user can be blocked for use by Striked if there is an important reason. An important reason is in particular if there is a serious violation of these terms and conditions, so that a further use of the platform of the user is no longer reasonable for Striked GmbH. In such a case the user will be blocked from the platform.

§ 2 Striked content usage

Striked grants users the personal and non-transferable right to use the services and content offered by Striked within the scope of these Terms of Use. This includes, among other things, accessing, downloading or streaming, depending on the type of content.
A withdrawal of the rights of use is possible under certain conditions. These are explicitly mentioned below.
Under certain circumstances, the installation or use of certain Striked content may additionally require the consent to contractual terms or terms of use of the manufacturer. This is the sole responsibility of the respective provider. In case of doubt, these conditions take precedence over those of Striked.

§ 3 Payment and Striked wallet

On Striked, users have the option to purchase content and game titles. This can be done either via a direct purchase or by using credit. For this purpose, Striked offers each user a digital credit account called "Striked wallet".
Payments of purchases or deposits into the "Striked wallet" can be made in the following ways: Payment by credit card, paysafecard, Sofortüberweisung, via PayPpal, as well as via refund (see § 5.).
Striked reserves the right to perform a credit check and to block a payment method or the entire virtual account in case of negative credit feedback as well as in case of a return debit.
The "Striked wallet" can be replenished with a maximum of EUR 500 per week. Striked reserves the right to change this limit at any time.
Deposits to the "Striked wallet" made by credit card must be used for the purchase of paid content and games at Striked and cannot be transferred to another account.
Each customer is only entitled to set up a digital credit account. The credit contained in the "Striked wallet" can be used to purchase Striked content. It is not possible to use the credit beyond this. The maximum balance may not exceed EUR 500.00, or the equivalent of the respective currency. The available currencies are displayed to the customer when the account is created.
Striked also offers a direct-to-account distribution feature ("Striked-Direct-to-Account"), where partner games or other content can be sold. The customer can choose to activate the content automatically without having to redeem any codes in their Striked account. The entire purchase process is handled by the third party. See the Refunds and Returns section below for more details.
Additional special payment transaction costs incurred by the user will be charged to the user. The costs of payment transactions that are within the range of the usual will be borne by the organizer.
Striked reserves the right to have the validity of the given user data and the creditworthiness checked. This notice is made according to the regulations of § 33 paragraph 1 of the Federal Data Protection Act.
Striked reserves the right to assign and/or sell claims against the user, which have arisen due to return debits or chargebacks, to a collection agency. The assignment/sale also includes the costs incurred by Striked due to the return debit or chargeback.
A payout of the Striked credit is not possible. The credit can only be used for Striked services and content.
All prices include the currently valid VAT and are shown on the respective product page.

§ 4 Digital credit account closure / inactivity

The digital credit account may be closed by Striked if a period of twenty-four (24) months has elapsed since the last login.
Before the account is closed, if a current email address is on file with Striked, the customer will be notified by two emails of the pending closure and will be prompted to provide a bank account. If within a period of four weeks after sending the second e-mail a bank account has not yet been communicated or if the user cannot be reached via e-mail, Striked will transfer any unpaid balance of the virtual account to a collective account and - if this is possible - inform the customer by e-mail about the closure of the virtual account.
After the virtual account has been closed, the user is obliged to immediately make a claim to Striked for the payment of any credit balance, indicating his account details.
The virtual account is considered inactive if a period of more than 12 months has elapsed since the last login.

§ 5 Right of cancellation

The customer is entitled to a 14-day right of withdrawal when purchasing digital goods. For the exercise and consequences of the revocation, reference is made to the revocation policy.
However, this does not apply if the customer has explicitly given his consent to the execution of the Striked Content (whereby it is digital content) with commencement immediately after completion of the order process and before the expiry of the revocation period.

§ 6 General obligations of the users

Multiple registrations are not permitted.
The password for the access-protected area of the internet offer of Striked is to be kept strictly secret by the user and to be changed in regular intervals. If the User violates these duties of care and if an unauthorized third party makes dispositions based on the knowledge of the required password, the User is liable for any unauthorized use of his password and the related use of Striked made possible by his conduct. As soon as the User becomes aware that his password has become accessible to third parties, he is obliged to change his password immediately. If this is not possible, Striked must be informed immediately.
The aforementioned also applies to the transfer of access data to a third party. Passing on access data is generally not permitted and can lead to the blocking of the entire user account.
Any change in the user's personal data (in particular the account data, address and e-mail address) must be reported immediately on the personal settings page.
For the use of a Striked game, the hardware recommended by the manufacturer and the supported operating system (the information about it can be found on the corresponding Striked product page). Virtual machines are not supported.
If Customer purchases, uses, or installs Striked games, Customer may be required to agree to additional contractual terms and conditions of the game's developer or publisher (such as the end user license agreement applicable to a particular game). If there is any inconsistency between these guidelines and this Agreement, this Agreement shall prevail.
Customer is prohibited from modifying, merging, distributing, translating, reverse engineering, decompiling, disassembling, or performing any similar activity on the Striked Services without first obtaining Striked's express consent. A violation of this constitutes a breach of contract, which entitles Striked to block the customer's user account.
Furthermore, Striked offers the possibility to exchange with other users via chats. Each user is responsible for the contributions made. Striked reserves the right to warn a user in case of infringements or serious infringements of third party rights and to block the user's account if necessary.

§ 7 Liability

Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
The restrictions of clauses 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
The limitations of liability resulting from clauses 1 and 2 do not apply as far as Striked has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies as far as Striked and the customer have made an agreement about the quality of the item. The regulations of the product liability law remain unaffected.
Striked is not liable for the uninterrupted availability of the platform. Shorter interruptions due to maintenance or downtime have to be tolerated by the customer. In case of longer downtimes of the platform, Striked will inform the customer in advance.

§ 8 Third party content

Through Striked services, the customer may receive links to third party websites or content. Striked does not guarantee their functioning, operation or additional costs incurred.
When using partner services, their terms of use and business conditions apply. The respective partner is exclusively responsible for their content and not Striked.

§ 9 Intellectual property

Striked services, in particular their graphics, computer codes, user interface, appearance and function, audio, video, text, layout, databases, data, as well as all other contents and all legal rights related thereto and applicable with regard to their use are the property of Striked GmbH or rights of use exist. With the exception of the cases explained in this agreement, all rights are reserved. The customer is only allowed to use or exploit Striked services or Striked content in the way explained in this agreement.

§ 10 Subject to change

Striked reserves the right to change this agreement if necessary for legal or factual reasons. Striked will inform the customers by appropriate announcement at least 30 days before their occurrence.
If the customer does not object to the changes before they occur, they are considered accepted. If an objection is made before the changes take effect, the customer is no longer entitled to use the services of Striked and the user account will be deactivated. Any remaining credit will be paid out to the customer's account within 30 days after the amended GTC come into effect.

§ 11 Closing provisions

Contracts between the provider and the customers shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Striked GmbH is the registered office of Striked GmbH.
The contract remains binding in its remaining parts even if individual points are legally ineffective. Instead of the ineffective points, the legal regulations, as far as they exist, take effect. As far as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.

Cancellation policy

Right of cancellation

You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Striked GmbH, represented by Tristan Kreuziger, Planckstr. 13, 22765 Hamburg, [email protected]) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of cancellation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

The right of withdrawal shall expire pursuant to Section 356 (5) No. 2 of the German Civil Code (BGB) if the consumer has expressly consented to the performance before the expiry of the withdrawal period and has expressly communicated his knowledge of the expiry of the right of withdrawal and the performance of the contract has actually commenced.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

To [here the name, address and e-mail address of Striked GmbH is to be inserted]

I hereby revoke the contract I have entered into for the creation and use of an account with Striked.

Registered on: [Date of the registration on Striked]

Name: [first and last name of the customer]

Address: [Postal address of the customer]

Signature of the customer (only in case of notification on paper)

Date: [Date of the cancellation]