1. Use of this website and terms and conditions
Please read the following terms and conditions carefully before you use this website. They contain legally binding terms and conditions for the access to this website, its use and the services offered on the website.
Should you not agree with these terms and conditions for use or the data protection declaration please leave the website immediately.
With the access to this website or its content (meant are therefore all contents of the website) as well as with the other use of the website, you declare as registered user or as non-registered visitor that you irrevocably agree with these terms and conditions for use.
The materials and all other contents on this website are exclusively made available for the purpose of the maintenance and information as well as for the advertising of computer and video games or other products. This website is operated by Coenders Studios, The Netherlands.
2. Changes to the website and the terms and conditions for use, termination of the offer
Paintball Game or third party providers can make improvements, changes to the products, to the customer service, to the services, programmes or the website content at all times (also without prior notification). Paintball Game particular reserves the right to change these terms and conditions of use at all times and without prior notification.
Changes to the terms and conditions for use will be announced by corresponding presentation on this website or through other communication channels. Users, who access this website after changes to the terms and conditions for use, after these were announced by entry on this website or in another way, are bound to the terms and conditions for use. The user is personally responsible for examining that the terms and conditions are up-to-date. With the continued use of the website and the services offered on this site after an executed update of the terms and conditions for use, the user declares that he agrees with the changes.
Paintball Game reserves the right to refuse the access to this website at all times and without notification and to delete online content (also user content) available on the website, as well as at all times and without notification to suspend the website offer including all offered services and other services.
3. Use of this website
A registration on this website may be necessary in order to be able to use certain features of this website, such as e.g. the downloading of trailers, the receipt of newsletters or exclusive download contents.
Subject to contrary details during the registration we presume that the user is entitled and has the legal capacity to conclude the contract, which contains these terms and conditions for use. The registration form used in this respect is to be completed in full with the actual and correct personal details. These in particular include the correct information concerning the age. No nicknames, cover names and/or obvious false information will be accepted. Should the actual personal details change the registration data are to be adjusted by the user immediately or to be reported to Paintball Game in writing. Paintball Game reserves the right to exclude the respective user and to delete the contents used by him or contents addressed to him if Paintball Game is of the opinion that personal details are not correct, up-to-date or complete or if Paintball Game for other reasons at its discretion is of the opinion that such measures are reasonable. Each user is personally reasonable for keeping the login-name and the code secret. Each user bears the responsibility for all activities which are carried out under his login name.
b) Admissible and banned use
The user is granted by Paintball Game the limited consent for an access to this website and its contents and the personal and non-commercial use of the website as an information and communications platform as well as for entertainment purposes. This includes the calling and displaying as well as the use of materials of contents displayed on the website only for the non-commercial, private use for entertainment and information purposes on a single computer. The website content may in particular not be reproduced, newly published, downloaded, assigned and distributed without the prior written consent of Paintball Game unless this is absolutely necessary so that this website can be displayed and used or this is required for the navigation on the website.
The user is not permitted to gain unauthorised access to all parts of this website or to other user accounts or to computer systems or networks that are connected with this website, which is carried out by so-called “hacking”, “password mining”, “cracking” or in any other form. The recording of personal information about others via this website is further prohibited.
Paintball Game does not assign any rights to any website content which is used by the user. The website content, among others its selection and arrangement, is the property of Paintball Game, the companies affiliated with Paintball Game or their content and technology providers and protected by copyrights and other rights.
c) Banned and limited user content
Only those contents and statements may be published or uploaded or transmitted by the user, for which the user has the necessary rights (in particular copyrights and ancillary copyrights).
The user of the website of Paintball Game is prohibited from publishing, transmitting or uploading contents and/or statements which violate existing laws of the Federal Republic of Germany in particular those, which are of an insulting character, glorify violence, are obscene, discriminating or of a pornographic kind. This also covers contents which can be reached via links set by the user. This in particular includes contents with which the user can render himself liable to prosecution.
The communication services offered by Paintball Game such as e.g. forums, chat rooms and notice boards are free service offers for registered users. Contributions, statements published on the Paintball Game website, the uploading of contents, the communication with other users, in particular in forums, on notice boards, in chat rooms, visitors’ books and by e-mails, are subject to the following restrictions and rules of conduct.
e) Inadmissible postings and notifications
Paintball Game forbids the transmission, distribution, spreading, the posting and the submission and storage of user content which at the sole discretion of Paintball Game is considered to be inadmissible or tasteless. This in particular includes notifications with sexist, pornographic, blasphemous, slanderous, deceiving, offensive or insulting contents as well as ethnic, racist or religious derisive, humiliating libellous documents, glorifications of violence, hate and unlawful conduct, depictions of child abuse, child pornography, presentations with sexual insinuations, advertising, surveys or competitions or other statements and material with contents which are relevant under civil and criminal law. The user is further prohibited from interfering with the communication flow in chat rooms or in software with chat functionality by vulgar or brutal language, by repeated pressing of the input button or the integration of large images so that the communication contents can no longer be read. These also include the flooding of the chat with repeated texts.
Paintball Game further forbids the uploading or the use of website content or the transmission of user content with the following content: Sale or marketing of firearms, weapons or narcotic substances; promises of profits; pyramid chain letters and snowball systems, fraudulent and otherwise criminal offers, entry of other e-mail addresses than the own, interference of auctions or markets, threat or harassment of others, interference or discussions or creation of a false identity in order to deceive others, transmission of sexual offers (in particular directed at minors), statement of racist humiliating declarations or comments, imitation of a person or the mispresentation of a relationship to a person or to a legal entity. It is prohibited to upload programmes with viruses, worms and /or Trojan horses or other computer codes, which interrupt, destroy, damage or disturb this website, a computer software or hardware or a telecommunication system, slow down the operation thereof, reduce their efficiency or can impair their functionality in any other manner. It is moreover prohibited to carry out acts which interrupt the normal dialogue, allow window contents to run quicker than other users can type or otherwise influence the ability to participate in real time activities via this website or are equivalent to “Data Warehousing” (i.e. to use web storage space made available to the user for storing large files which are only linked from other websites).
It is forbidden to copy other sites or images (including mp3 files) onto this website without the prior written consent of Paintball Game.
Insofar as it is not explicitly permitted by the relevant forum or such a service the user is prohibited from carrying out advertising for goods or services for all business purposes, from offering these for sale or from purchasing these.
No materials may be removed which were inserted by Paintball Game in any place of this website.
All communication is at the sole responsibility of the person who sends or transmits this communication. Paintball Game does not undertake to monitor or examine the forums, visitors’ books or notice boards and Paintball Game is not responsible for the contents of contributions posted by users. Paintball Game can at its own discretion remove or change contents at all times and without prior notice. The use of the forums, visitors’ books and notice boards is carried out for the user at its own risk and is subject to the liability restrictions described below.
f) Personal information
Paintball Game forbids the uploading of all user contents in which personal or confidential (private) information is disclosed with regard to a natural person or a legal entity. This also includes telephone numbers, e-mail addresses or concrete addresses, account numbers of users or passwords and financial information. Excluded from this are personal details which a user transmits for the purpose of registration and/or opening of a member account or of personal information to other natural persons, who are known to a user, for the purpose of admission in an online address book of such a user.
g) Intellectual property
Paintball Game forbids the uploading of content, music, software, images (stills or moving pictures), literary or artistic works or of other material that is protected by property rights to intellectual property (or which can infringe the intellectual property rights of others) insofar as the user is not the owner of the exclusive rights hereto or controls these or has received all necessary permits (which the user assure in the event of the uploading of such content). The uploading of material actually protected or presumably protected by copyright law, the use of which is not approved, is prohibited.
4. Rights granted to Paintball Game to user content
With the uploading of user content, i.e. information or other content which is transmitted to Paintball Game on its website or within the framework of services offered on the website by Paintball Game or which are entered or uploaded by a user via this website or associated means (among others including photos, videos and other diagrams, sound material, graphics, documents or data files, information about natural persons and legal entities, notifications, e-mail and other messages, files, texts, expressions of opinion and other information) the user grants Paintball Game an unlimited, free, irrevocable and simple right and such a licence for the use, sub-licensing, reproducing, changing, adjustment, publication, translation, public performance, exhibition and selling of user content (or parts thereof) and for the production of derived works of user content (or parts thereof) and the take-over thereof (or parts thereof) in all forms, in all mediums or using all technologies, which are now known or will be developed in future. The user further assures that he has the rights which are necessary for the granting of such a licence and that a waiver of so-called moral rights (the right to forbid the disfiguration of a work) is carried out to all user content. The entire user content is deemed as non-confidential and will not be treated as such either by Paintball Game. This shall not apply to personal information which is transmitted by a user with regard to his person. This will be collected and processed as described in the data protection declaration.
5. Warranty exclusion
No guarantee is assumed for the availability of the offer. However an endeavour is made to achieve the highest possible availability. Paintball Game assumes no warranty whatsoever for the actuality, accuracy, completeness or quality of the information provided on this website. Paintball Game further assumes no assurance for the fact that the website is free of viruses.
Paintball Game has in fact made an effort to verify the accuracy, reliability and actuality of the website content, however no warranty is assumed with regard to the accuracy of all and any declaration which is contained on this website.
6. Liability restriction
Paintball Game shall be liable to an unlimited extent according to the statutory provisions for injuries to life, body and health, which are due to a negligent or wilful breach of duty of Paintball Game, its legal representatives or its vicarious agents. All further liability – with the exception of mandatory legal regulations (e.g. product liability law) – is explicitly excluded.
The use of the free web or online games, demoversions, patches or other services offered on the website, takes place at the sole risk of the user. Paintball Game is explicitly not liable for data loss or damages to the computer software and hardware, even if they occur in connection with the use of the website as intended, web or online games offered on the site, demoversions, patches or other offered services. Paintball Game will not be liable for losses, deletion, disposal or a non-executed supply of user content to a recipient which was uploaded on this website.
The user is therefore recommended to regularly produce backup copies in accordance with the risk.
With the use of the website offer the user assures Paintball Game, the companies affiliated with Paintball Game, its executives, employees, authorised agents and authorised dealers the release and indemnification with regard to all losses, costs, expenses, processes, damages, expenses and liability claims of all kinds, which can arise by claims of third parties from a breach or non-compliance with bans or restrictions with regard to the activities of the user on this website according to these provisions for use, of a promise, warranty or assurance of the user. The user further assures Paintball Game that it will indemnify it with regard to each claim which relates to a matter, responsibility or duty which was excluded by Paintball Game in these terms and conditions.
7. Websites of third parties
The inclusion of connections to all external websites by a user is carried out at the own risk of the user.
The Paintball Game web offer can contain links to web offers of third parties. These web offers of third parties are not subject to the control of Paintball Game and Paintball Game is not responsible for the contents of these web offers. The inclusion of a link to the web offer of a third party does not mean that Paintball Game approves the contents published there or that any connection exists to the operators of such web offers Paintball Game hereby explicitly declares that at the time when the link was set the corresponding linked sites were free of illegal contents. Paintball Game has no influence whatsoever on the actual and future design, the contents or the authorship of the linked/connected sites. Therefore, it hereby explicitly distances itself from all contents of all linked /connected sites, which were changed after the link was set. This stipulation applies to all links to external websites set within the own Internet offer.
The contractual relationship upon which this use agreement is based can be terminated at all times and without stating any reasons by Paintball Game as well as by the user. Paintball Game reserves the right to exclude the respective user in particular with a breach by the user of these terms and conditions for use and to delete the contents used by him or contents addressed to him. Paintball Game has no obligation to send the user a warning before deletion of the contents.
All liability exclusions and liability indemnifications and other exclusions in these terms and conditions for use shall apply longer than the termination of the contract which contains these terms and conditions for use no matter for what reasons the termination is carried out.
9. Final provisions
These terms and conditions for use are subject to German law and are to be interpreted in line with this law. The non-exercising or non-assertion of a right or a provision of these terms and conditions for use by Paintball Game does not represent any waiver of this right or this provision.
Should one provision of these conditions for use be unlawful, invalid or not capable of being asserted for any reasons, it is deemed that this provision can be separated from these terms and conditions for use and it shall not affect the validity of and ability to assert the other provisions. These terms and conditions for use represent the entire agreement between the user and Paintball Game with regard to the use of the website of Paintball Game.