1.1 The following terms regulate the use of online software, mobile software and APIs provided by rankade on their internet pages, in app-stores, and APIs, as well as their additional range of services.
1.3 Rankade offers online software, mobile software, and APIs as well as other services within the framework of their technical and operational capabilities with an average annual availability of 98%. This does not include periods of time during which the use of online and mobile software or other service offerings are interrupted or affected by compelling technical reasons or required maintenance work. In these cases rankade is not compelled to provide compensation in accordance with the provisions of this agreement. Periods of time, during which the servers of rankade in general or of certain services in particular are unavailable on the internet due to reasons beyond rankade's control (force majeure, third party responsibility etc.) are also not included.
1.4 The online software, mobile software and APIs as well as the additional range of services are continuously being developed, updated and adjusted further by rankade. Thus, users are merely participating in the respective online software, mobile software and APIs or additional offers in their respective version provided at any given time.
1.5 Except for the 'Dedicated API' service, online and mobile software as well as other services offered by rankade is intended solely for the purpose of entertainment. Except for the 'Dedicated API' service, the use for business or commercial purposes is prohibited.
1.6 Users are responsible for the suitability and up-to-dateness of their software and hardware.
1.8 Users have the opportunity to use the services of contractors of rankade for various online software, mobile software and APIs as well as other services. In these cases, a separate contract between users and the respective contractor of rankade applies. Users will be informed appropriately prior to finalizing the contract.
1.9 Other provisions or terms and conditions of users only apply if rankade agrees to their validity by prior written consent.
2.1 User registration is required for the use of online software, mobile software or APis as well as other services offered by rankade.
2.2 Except for the 'Dedicated API' service, only natural persons are eligible for registration. Only individuals will be accepted as authorized users (no groups, families, spouses or life partners, etc.). Insofar as the user is a minor, they certify that by sending the registration request, an effective consent of the legal representatives is available.
2.3 During registration, users have to provide a username and a valid, registered email address. Users are not entitled to receive a particular username. The username may not infringe rights of third parties and may also not offend common decency. Moreover, no email or web address may be chosen as the username. Users have to ensure that the information provided to rankade during registration is genuine and complete.
2.4 The registration must be conducted in person. Registration through third parties, especially those that register individual people commercially at various teleservice providers (registration services and/or entry services), is not permitted.
2.5 With the successful registration, the user opens an account ('user account') which the user manages independently. Without the explicit consent of rankade, the user account is not transferable.
2.6 A right to claim a registration or activation does not exist. Users are only permitted to register once. Once users have registered, they may not register again for the duration of the current registration, by entering changed personal data, for example.
3.1 Right of cancellation. Right of cancellation. At any time users can ask for their personal information to be erased from our databases. This is called 'deletion' and may be achieved by emailing us using 'deletion' subject and following the instructions we will email you, or using 'Delete account' feature in your profile area. Users can revoke their contract, if any, within two weeks without declaration of reasons in text form (e.g. letter, fax, email). The revocation term starts after the receipt of the instruction in text form, but not before the conclusion of the contract and not before fulfillment of our information duties. To ensure the meeting of the revocation term, a timely posting of such declaration is sufficient. The revocation declaration must be addressed to: rankade srl, Strada Contrada 309, 41126, Modena (MO), Italy, or using email. See contact pages.
3.2 Consequences. In case of an effective cancellation the benefits received by each party shall be returned and any uses (e. g. interest) shall be surrendered. In cases where services rendered cannot be returned wholly or partly or only in impaired condition, users will be obliged to provide compensation, if applicable. Obligations to refund payments should be met within 30 days. The period for users begins with the submission of the cancellation, for us upon its receipt.
3.3 Special notes. Revocation rights will expire prematurely if rankade has begun rendering the service with explicit consent before the end of the revocation period, or if users have initiated the service in question themselves. This assumption can normally be made if users have participated in online or mobile activities or other services.
4.1 User data. Users agree to provide rankade with all future changes of their registration data, especially a change in the email address, without delay. Users are obliged to confirm the accuracy of their data towards rankade upon request.
4.2 Log-in Data, Identification, Passwords.
4.2.1 Users are obliged to keep log-in data as well as all identification and passwords strictly confidential.
4.2.2 The terms 'name and surname', 'username' and 'passwords' include all letter and/or character and/or number sequences, used to authenticate users and to prevent use by an unauthorized third party. The password should not be identical with the player name, and it should consist of a combination of numbers and letters.
4.2.3 Users are obliged to protect all log-in data, identifications and passwords from unauthorized access of third parties.
4.2.4 In the event that users have reason to believe that third parties have obtained this information, or may have done so, they shall inform rankade immediately, change their data or have it changed by rankade. In this case or in the event that rankade has evidence of misuse of data, rankade has the right to block user access temporarily. Users shall be permitted use again as soon as the suspicion of misuse of data has been erased.
4.2.5 Users are under no circumstances entitled to use the log-in data of another user.
4.3 Use of rankade internet pages and content of internet pages.
4.3.2 The term 'content' includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information, provided by rankade. The term 'content' also includes all available service offerings for downloading.
4.3.3 Users are obliged to abstain from any measure, which may compromise or interrupt the proper functioning of rankade internet sites or individual services, as well as from accessing data to which users is not entitled to. The retrieval of the contents may only take place in a manner such that the use of rankade internet sites and contents through other users is not affected. The transfer of data or software that can influence hardware or software from recipients is not permitted.
4.3.4 Any use of rankade internet sites for commercial purposes, especially advertisement, requires the express prior written consent of rankade.
4.3.5 Users are not entitled to publish content on the rankade's internet pages.
4.4 Links. It is permitted to establish a link on the websites of rankade to the extent that it only serves as a cross reference. Rankade reserves the right to revoke this permission.
5.1 Users are only permitted one account. The use of several user accounts is not permitted. Such multi-user accounts may be deleted or banned by rankade at any time and at their sole discretion.
5.2 Users are prohibited from any form of manipulative interference in online or mobile activities. In particular, users are not entitled to utilize measures, mechanisms or software that could interfere with the function or the course of the process of data. Users may not take measures that may cause an unreasonable or excessive burden on the technical capacity. Users are not allowed to block, to rewrite or to modify contents generated by the administration, or to interfere in any other manner.
5.3 Users are also prohibited from running the online software (including all individual web pages) with other programs besides the internet browser or the client program that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement the web interface. Also prohibited are scripts and completely or partially automated programs. This includes auto-refresh-functions and other integrated mechanisms of the internet browser, if it includes automated operations.
5.4 Users may under no circumstances
a. create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the online or mobile activities,
b. use software, that allows 'data mining' or otherwise intercepts or collects information in connection with the online and mobile software,
c. use virtual items outside of online or mobile activities, buy for 'real' money or sell or swap virtual objects that are used in online or mobile activities.
d. sell, buy, or trade user accounts. This includes all evasions, similar actions or actions that match in their effect the aforementioned bans.
5.5 The application of advertising suppressing measures is prohibited. It is immaterial whether advertising is deliberately suppressed or generally blocked e.g. by so-called pop-up blockers, text-based browers or similar.
5.6 Automated opening of user accounts, regardless of whether the home page is displayed or not, is not permitted.
5.7 Rankade or contractors authorized by rankade hold all and exclusive rights to objects used in online and mobile software as well as virtual objects provided at a charge. The same applies for user generated virtual objects. Users provide rankade with spatio-temporal and textual unrestricted, exclusive right of use to such self-created virtual objects. This right includes in particular the rights to reproduction, distribution and processing. Users will only receive a non-exclusive right of use to the virtual objects for the duration of the contract.
6.1 Access to APIs. Subject to the restrictions below, rankade grants users a non-exclusive, non-transferable, limited license to access rankade's APIs and documentation. Users may not sell, rent, lease, sublicense, redistribute, or syndicate access to any of rankade's APIs.
6.2 Rules. User license to access rankade’s APIs and documentation is limited and subject to compliance with rankade Terms and Conditions. Further, users will not:
a. access rankade’s APIs or documentation in violation of any law or regulation;
b. access rankade’s APIs in any manner that compromises, breaks or circumvents any of rankade's technical processes or security measures associated with rankade, poses a security vulnerability to customers or users of rankade, or tests the vulnerability of rankade's systems or networks;
c. access rankade’s APIs or documentation in order to replicate or compete with rankade;
d. attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of rankade’s APIs or services; or
e. attempt to use rankade's APIs in a manner that exceeds rate limits, or constitutes excessive or abusive usage.
6.3 Reservation of Rights. Users retain their ownership rights in their software and rankade owns and will continue to own rankade's APIs, documentation and services, including all related intellectual property rights therein. All of our rights not expressly granted by the contract are hereby retained.
6.4 Representations and disclaimer of warranties. Except as expressly provided for herein, the APIs, documentation and all related components and information are provided by rankade on an 'as is' and 'as available' basis without any warranties of any kind, and rankade expressly disclaims any and all warranties, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. Users acknowledge that rankade does not warrant that the APIs will be uninterrupted, timely, secure, or error-free.
6.5 Force Majeure. Neither rankade nor users will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, locusts, fires, acts of Taelord, war, terrorism, and governmental action.
6.6 Modifications to rankade's APIs and Documentation. Rankade is still evolving, and so rankade can make changes to rankade's APIs, including eventually backwards incompatible changes. Rankade will give notice of these changes on API changelog.
7.1 Rankade may provide users with different communication facilities (especially discussion forums, chats, blogs, guest books, etc. as well as utilization of the commentary function) for self-created content and entries on the rankade internet pages, which may be used on availability. Rankade only provides users with the technical environment for the exchange of information. However, users do not have the right to claim such communication features.
7.2 Users assume responsibility for their contents and contributions and commit to releasing rankade entirely of any third-party claims or lawsuits. Rankade explicitly does not claim the content entered by users. However, users provide rankade with the permanent, irrevocable, non-exclusive right to use the content and contributions that they posted. Rankade points out that rankade has no active monitoring system of the content posted. However, random audits will be performed instead. In addition, each user has the option to inform rankade of suspected illegal content. Rankade will then respond as quickly as possible and edit or delete reported contents, as necessary.
7.3 Users are prohibited from publishing or distributing content on rankade's internet pages, in particular in the context of the communications facilities, that
a. violates the law, is improper or is immoral;
b. violates trade marks, patents, utility or design patterns, copyrights, trade secrets or other rights of third parties;
c. is obscene, racist, violent, pornographic, adult content or otherwise threatening to the development of children and adolescents, or of a harmful nature;
d. is of abusive, harassing or defamatory nature;
e. includes chain letters or pyramid schemes;
f. falsely suggests that it is provided or supported by rankade;
g. contains personal data of third parties without their explicit consent;
h. is commercial, in particular promotional in nature.
7.4 The inclusion of internet sites, company or product names is only permitted when it is not primarily for the purpose of advertising.
7.5 All users of the communication facilities provided on the rankade internet pages are required to choose an acceptable choice of words. Abusive criticism or attacks on people in derogatory manner shall be avoided.
8.1 Rankade is not liable for damages resulting from a breach of duty by users.
a. changing or deleting content,
b. issuing a warning to the user,
c. publication of misconduct in the respective online or mobile activity with mentioning of the user name,
d. temporary or permanent blocking of a user from individual or all online and mobile activities and content of rankade internet pages,
e. exclusion of a user,
f. issuing a temporary or permanent virtual ban from the house in cases of a violation of section 6, or
g. immediate termination of the contract.
8.3 If users have been blocked or excluded, they may not log in again without prior consent of rankade. There is no right for a waiver of an exclusion, a virtual ban from the house or any other measures.
9.1 Unless otherwise stated, the use of online software, mobile software and APIs as well as other services offered is free of charge.
9.2 Users may, however, purchase individual service offerings and individual features offered in the context of online software, mobile software and APis. Users will be informed separately on the features available for purchase, especially which function each feature provides, the duration of availability of the feature for purchase (if applicable), the purchase price and the available payment method in connection with the online software, mobile software or APis.
9.3 If minors wish to purchase features, they affirm that they received the funds to buy the features for purchase from their legal guardian for this purpose or for unrestricted use.
9.4 The agreed-upon charges are due for payment with the conclusion of the contract. The debit payment is made typically through the respective authorized service provider, whereby the withdrawal can be made a few days in advance to guarantee continuous usability. In individual cases, general terms and conditions included by the authorized service provider may be applicable.
9.5 Users affirm that all information provided in the context of a payment transaction (including bank, credit card number, etc.) is complete and correct.
9.6 The payment options vary according to the online software, mobile software or APis, participant country and the market availability of technically feasible payment options. Rankade reserves the right to amend their payment options.
9.7 Rankade reserves the right to change the fees of the features (including virtual currencies). This includes rankade's right to increase or decrease fees for all singular features for all future transactions.
9.8 Rankade provides means for Plus Group / Supporter User / API service cancellation on the rankade webapp. If an user asks to cancel his Plus Group / Supporter User / API service status within 14 calendar days of the date of subscription, and he requests a refund, rankade will refund all payments he has made to rankade within the 14 calendar days prior to the cancellation and refund request.
9.9 In case of default, statutory interest accrues. Rankade is also entitled to block the user account, to recover damages and to terminate services.
9.10 Should rankade through a fault of the user (including an inadequate account balance) incurs back charges or cancellation fees, the user shall bear the related costs. Rankade is allowed to request these costs and the accrued charges. If payment is made by credit card, back charges are incurred up to 20 EUR per credit card transaction plus bank charges incurred by rankade. Rankade is entitled to charge further compensation.
10.2 The liability of rankade, on whatever legal grounds, whether due to contractual misconduct or breach of duty, is ultimately determined in accordance with the following rules:
10.2.1 Where rankade provides the respective liability-causing service free of charge, rankade is liable only for malice and gross negligence.
10.2.2 For non-gratuitous services, rankade's liability is unlimited in cases of intent and gross negligence, as well as in cases of personal injury. However, in cases of slight negligence, rankade will only be liable for a breach of essential contractual obligations, such as delay or impossibility, for which rankade can reasonably be deemed responsible. Liability in case of a breach of such an essential contractual obligation is limited to damages that would be typical for this type of contract and that rankade could have reasonably expected given the known circumstances at the point when the contract was signed. 'Essential contractual obligations' as previously stated, are the obligations that ensure that the contract runs in accordance with its regulations and which are required to achieve the contractual aim, and upon which the user may rely.
10.2.3 Rankade assumes no liability for disturbances within the network that are not caused by rankade.
10.2.4 Rankade is liable for the loss of data in accordance with the foregoing paragraphs only, if such a loss has been unavoidable by adequate backup measures taken by the user.
10.2.5 The foregoing limitations of liability do not apply in case of explicit guarantees by rankade, in case of malice, and for damage due to the loss of life, limb or health as well as in case of mandatory statutory regulations.
11.1 Unless stated otherwise for the respective online software, mobile software and APIs or other service, the contract for the use of the rankade portal, online software, mobile software and APIs and other service offerings runs for an indefinite period. It begins with the registration or activation by rankade.
11.2 The contract may be terminated by either party at any time with immediate effect, provided that there is no agreed upon temporary contract period. If a temporary contract period has been agreed upon, it may be terminated proper only at the end of the period. If it is not cancelled, the current temporary contract is extended automatically by the originally agreed contract duration.
11.3 Either party has the right to terminate the contract for cause without giving notice. An important reason constitutes in particular, if
a. a user is in default with payment of the charges, and does not pay despite reminders,
b. a behavior significantly affecting the experience of other players is being displayed,
c. cheats, mods and/or 'hacks' as well as any other form of software, tools or scripts is being used that alters the experience or the mechanisms of online or mobile activities,
d. third parties play on a user's account, unless the rules provide specific exceptions.
e. a user makes use of a third party user account or uses more than one user account,
f. a user of virtual objects that are being used in online or mobile activities uses these outside of the online or mobile activities, attempts to buy or sell for 'real' money or tries to barter or
g. a user sells, buys, or trades a user account.
11.4 Any termination must be in writing. Terminations via email are considered in writing.
11.5 In the presence of legitimate reasons (e.g. extended period of inactivity), rankade is entitled to cancel user accounts. Moreover, rankade is entitled to delete user accounts at the end of the contract at their discretion.
Rankade and/or its suppliers, as applicable, retain ownership of all proprietary rights in the service and in all trade names, trademarks and service marks associated or displayed with the service. Users will not remove, deface or obscure any of rankade's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the service. Users may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the service.
Personal data of users will be only collected, processed or used, when the user has consented, or when the law permits or requires it.
14.1 The law of the Italian Republic applies.
14.2 If users do not have a general jurisdiction in Italy, or in cases where the user is a merchant in terms of the commercial code, jurisdiction for all disputes will be the headquarters of rankade. Rankade is also entitled to sue at the general jurisdiction of the user.
15.2 Users may transfer rights and obligations under this contract only after prior written consent of rankade.
15.3 Users are only entitled to set-off, when their counterclaim has been legally established or has been recognized by rankade and is uncontested. Users can only exercise a right of retention as far as there are claims arising from this contract.