Terms and Conditions of use
As of: January 2018
A. Contractual objection, modifications
Subject of the Terms and Conditions of use
1. These General Terms and Conditions apply to the use of the website Privatehacks which is provided by the Crenovative GmbH, Reeperbahn 5, 23769 Fehmarn OT Burg (hereinafter called „Privatehacks“) and you as a participant of this website (hereinafter called „participant“). You can find further information about us as service provider here.
2. The present General Terms and Conditions regulate the provision of our services and the use of these services by you as a fully-registered participant. Privatehacks is a website for help-software for computer games.
Changes of the Terms and Conditions of use
1. Privatehacks reserves the right to change the Terms and Conditions of use any time with effect also within existing contractual relationships. Privatehacks shall advise you, as a user, of any such changes at least 30 calendar days before the change shall come into force. After our notification you have the opportunity to contradict within 30 days. If you do not contradict and continue the use of our services after the expiry of the opposition period, the changes shall be deemed to have been effectively agreed after expiry of the deadline. In the case that there is a contradiction, the agreement will be continued on the basis of the existing terms and conditions. We shall inform you about your right to contradict and about the consequences in the notification of change.
2. We offer free and chargeable services. If the valid legal sales tax changes, we are entitled to make changes and appropriate adjustments to the compensation for the chargeable services, without the existence of a right of objection by you as a user.
B. Registration to participate, handling of access information, termination of participation
Need to register
1. You can use Privatehacks without registration. If you would like to use one of our chargeable software solution, a registration is necessary.
2. There is no entitlement to participate in our services. Privatehacks is allowed to reject a demand without information of reasons.
3. A registration is only possible for persons of unlimited legal capacity who are over the legal age of majority.
Your registration with Privatehacks
1. Buyers: Buyers can only private individuals.
For this reason you have the legal opportunity to revoke your registration.
2. If we ask for contact information and other information during the registration process, these data has to be provided correctly and completely.
3. We will check the information transacted by you for completeness and plausibility. If your information are plausible and there are no objections from our perspective, we will activate your requested access to Privatehacks. We will inform you about the activation via e-mail. In this e-mail you will find a confirmation link, by which you have to confirm your registration ones again. After the confirmation you can use the offerings via Privatehacks under these participation conditions immediately.
Responsibility for your access data
1. In the course of the registration process you will be asked to choose a user name and a password. With these data an account will be created. You need these data to log into Privatehacks after the activation of your access has been completed and you received our confirmation that you can use the platform. Your user name may not already be assigned and especially may not infringe third-party rights or offend against common decency. Please make sure that your user name may not violate any name or trademark rights of third parties.
2. You are obligated to keep the access data and your password secret and not disclose it to third parties.
3. You have to ensure that the use of Privatehacks will take place exclusively by yourself or by another person authorised by you.
If you have reason to believe that unauthorised third parties are aware of your authentication data, you are obligated to inform us immediately. You are liable for every usage and activity that takes place using your account details according to legal provision.
Updating your data
You are obligated to keep your registered access data, especially your contact data, always up to date. If there is a change of the data provided during your participation in Privatehacks, you are obligated to inform us immediately by updating these data in your personal settings in your user account. If you do not succeed in this, you can also inform us via e-mail, fax or letter, we will make the changes for you then.
Termination of participation
1. You may terminate your participation in Privatehacks at any time by cancelling your participation and deleting your customer account.
2. A termination is only possible if you do not use any of our chargeable services.
3. Once the participation has been terminated, you can no longer use Privatehacks.
4. Privatehacks reserves the right to block the user name and the relevant password when you terminated your participation.
5. We are entitled to delete all data irrevocably, which arose in connection with your participation, upon expiration of 30 calendar days after the termination of participation and upon expiration of any statutory time limits for data provision.
C. Services and contents offered on the platform
Services provided and availability of services
1. With Privatehacks we place our services for a temporary use at your disposal. Such services might be the information about offered goods and services as well as the possibility of using our offered goods and services.
2. We offer free and fee-based services. Fee-based services are respectively indicated as such. You can find the regulations of their use in § 12.
3. For the access to our platform we guarantee an availability of 99% on a monthly average within our area of responsibility.
4. We try to minimise disturbances by maintenance works in each case. If possible, maintenance work shall be performed on sundays between 02.00 am and 04.00 am.
Changes to the services
Privatehacks is entitled to change services on the website which are provided free of charge, to add new services or provide services in return of a fee and add services free of charge. If possible, we will respect your legitimate interests as a participant.
Protection of contents and responsibility for third-party contents
1. The available content on Privatehacks is protected by copyright or other protective rights and is property of Privatehacks, other users of the platform or other third parties, who have provided the respective contents. The compilation of the contents may be also protected as a data base or database system according to the §§ 4 para. 2, 87a para. 1 UrhG. The use of the content provided may only take place according to these Terms and Conditions.
2. The available contents on our wewbsite are also originated from other participants or other third parties. Contents of participants or other third parties are hereinafter collectively called „third-party contents“. As a service provider we don't validate third-party contents for comprehensiveness, correctness or warrantableness and thus don't accept liability or warranty for the comprehensiveness, correctness, warrantableness or topicality of third-party contents. This applies, in particular, with regard to the quality of the contents and their fitness for any particular purpose.
D. Use of services of Privatehacks
Extent of the permitted use, control of exploitation
1. As a participant of the platform, your use of the access to our platform and the use of the respective services available are limited to the regulations which are set within these Terms and Conditions of use.
2. It is your own responsibility to create the necessary technical requirements for using our services. We do not owe any consulting services in this regard.
3. It is recalled that the exploitation activities can be controlled to the extend legally permitted. This includes above all the recording of IP-connection data and message history, as well as the analysis of these data in the case of a concrete suspicion of a violation of the Terms and Conditions of use and/or if there are concrete suspicions of the existence of an illegal activity or criminal offence.
Use of charged services
Technical information about the ordering process, contract language
1. Privatehacks offers fee-based services and services free of charge. For the usage of chargeable services costs arise, which has to be payed by the buyer to Privatehacks. The amount is based on our current prices.
2. If the use of a service is fee-based, you will be notified in advance about the costs involved and further relevant details of the fee-based service prior to registering to the respective service and the use of a fee-based service. On this overviewpage you can check your orders. Possible payment methods are direct debit. If you agree with the selection, you have the possibility to make use of the respective service for costs by clicking on the button „orderliable to pay“. By clicking on the appropriately labeled button, you declare bindingly your request to use the respective fee-based service. We can accept the offer through a declaration by e-mail or through activate the service. Consequently, another fee-based contractual relationship could be entered. These Terms and Conditions of use shall apply also to this contractual relationship.
While placing the order you are able to get back to the previous page by clicking on the corresponding button in your browser or you can cancel your browser session completely if you changed your mind.
3. The fee for fee-based services will be charged with PayPal. You can download the invoice for the requested services in your personal portal area.
4. Delay of payment entitles Privatehacks to charge interest for delay to the amount of 5% above the base rate for consumers unless the user provides evidence of a lesser damage or Privatehacks provides evidence of a bigger damage.
5. A set-off is only allowed with counterclaims that are undisputed or have been finally and non-appealably established. The assertion of a right of retention which are not based on the same contractual relationship shall be excluded.
6. Storing of the contractual text: The contractual text is stored by us and is retrieval in your profile settings after the order has been completed.
7. As contractual language only the German language is currently available.
Your user profile
1. You can create your user profile, in accordance with these GTCs, to your individual ideas. Please note that your user name may not violate name or trademark rights and note the restrictions of § 16.
2. We don't check the identity of participants. Therefore we can offer no assurance that each user is the one for whom the profile owner claims to be.
Right of use of the available contents on the website
1. If there isn't a further use expressly permitted by us or this is made possible through a corresponding function at our website, you may retrieve and display the content available only for your personal use. The right of use is limited to the duration of the contractual participation in our platform; you are also prohibited from editing the content available on the platform in whole or in part as well as from changing, translating, exhibiting, performing, publishing, dublicating or distributing said content. It is also prohibited to remove or change copyright notices, logos and/or other trademarks or proprietary.
2. Your mandatory legal rights remain unaffected by this regulation.
1. Any activities on or in connection with Privatehacks that violate any applicable law, infringe the rights of third parties or violate the principles of protection of minors are prohibited. In particular the following actions are prohibited:
- the creating, distribution and promotion of contents, services and/or products that are of pornographic nature or violate laws for the protection of minors, data protection laws and/or any other applicable law and/or is of fraudulent nature;
- offers and contents, which offend or defame other participants or third parties;
- political contents;
- the provision, distribution or utilisation of contents, services and/or products that are protected by law or by the right of third parties (e.g. copyright), without having the explicit permission to do so.
3. Regardless of eventual infringements the following activities are prohibited:
- the sending of junk- or spam e-mails as well as chain letters;
- the distribution of obscene, objectionable, sexual or defamatory content/communication that is likely to promote racism, fanatism, hatred, violence or illegal activities either explicitly or implicitly;
- the harrasment of other participants by unwanted contacting or against the reaction of other participants as well as the support of such harrasments;
- the request addressed to other participants of disclosure passwords, personal data for commercial or illegal purposes;
- the distribution and/or public display of content available on the website without being granted the explicit permission to do so by the author of the respective content or without using an explicit function within our services.
4. Any activity that may serve to impair the normal mode of operation of Privatehacks, in particular to stress the systems of Privatehacks unduly, is prohibited.
5. If it gets known to you that there are illegal, abusive, irregular or other unauthorised uses, please contact us. We will then check the operation and if necessary take further appropriate steps to prevent such improper use.
6. In the event of a concrete suspicion of criminal or illegal activities, we are entitled and perhaps also obligated to check activities and take appropriate legal action, which can also mean that we transmit facts to the public prosecutor's office or provide information towards courts and authorities.
Blocking of accesses
1. We remain the right to block your access to our platform temporarily or as well permanently if there is a tangible evidence that you violate these Terms and Conditions of use and/or the applicable law or if we have another legitimate interest in the blocking. We will take into account your legitimate interests in the decision on blocking.
2. In case of a temporary or permanent blockage, we will block your access authorisation and inform you about this by e-mail.
3. If the blocking is just temporary, we will reactivate your access and inform you by e-mail, as soon as the blocking period has expired. A permanent locked access authorisation cannot be recovered. Participants who are permanently locked will be excluded from using Privatehacks permanently and are not allowed to register on the website again, especially not by using other address data.
E. Processing of your personal data
F. Limitations of liability, warranty
Limitations of liability for services free of charge
If you use Privatehacks free of charge, we are liable for the case that you sustain a loss, only so far as your loss was caused to the contractual use of the contents and/or services free of charge and only in the event of intent (including malice) and gross negligence by us.
Limitations of liability for fee-based services
Provided that you use fee-based services within the usage of the website, we are liable in accordance with the following provisions:
1. For damages which have been caused by wrongful intend or gross negligence on the part of Privatehacks or our legal representatives, management employees or simple vicarious agents, Privatehacks is liable without any limitation, Privatehacks is exempt from any liability relative to negligent violation of insignificant contractual obligations.
2. In other respects, the liability of Privatehacks for damages caused as a result of slight negligence shall be limited to damages that could reasonably be foreseen due to the nature of the relevant contractual relationship (typical foreseeable damages). This also applies to cases of infringements involving slight negligence on the part of legal representatives, managing employees and other agents of us.
3. The aforementioned limitation of liability shall not apply in the case of fraudulent intent, in the event of physical or personal injury, the violation of warranties and the claims from the customer arising under product liability.
The statutory right of warranty is valid.
G. Accomplishment of contracts between Privatehacks and buyers
1. Participants can accept the offer, by clicking on the button „order liable to pay“. By clicking the button, a contract between buyer and Privatehacks comes into effect.
Text form requirement, severability clause, applicable law, place of jurisdiction
1. If not expressly stated otherwise in this Terms and Conditions of use, all declarations, which are made within the participation in Privatehacks, have to be made in text form.
Our e-mail address is: email@example.com
The mailing address is: Crenovative GmbH, Reeperbahn 5, 23769 Fehmarn OT Burg. We reserve the right to make changes to the contact data. If we change our contact data, we will inform you in good time about these changes.
2. Should any term of these Terms and Conditions of use be or become invalid, the legal validity of the remaining terms shall not be affected. In place of the invalid term, a valid term applies as agreed, which comes closest to the economically desired regulation by the parties.
3. These Terms and Conditions of use shall be governed by the laws of the Federal Republic of Germany with the exception of the UN Sales Convention.
4. The court of jurisdiction for all disputes arising from or in connection with the use of our website is Fehmarn, if the participation can be assumed to have commercial or a selfemployed professional activity.