Terms and Conditions

Status: 07.07.2021
These Terms and Conditions (Terms) apply to the Couchplay Games Portal and all integrated games (hereinafter "GAME PORTAL"), of Gofresh GmbH (hereinafter "PROVIDER"), including all online browser games in the GAME PORTAL (hereinafter "GAMES") and their use by you (hereinafter "USER"). These Terms apply to all USERs worldwide. In addition, the rules of the respective GAMES shall apply, if present. The use of the GAME PORTAL on the internet implies that you agree to these General Terms and Conditions and Terms of Use (hereinafter: "Terms"). Please read these Terms, the data protection notice and the disclaimer carefully. If you have any questions, please contact us before using the GAME PORTAL. For further information see: Imprint

1. Scope of application

1.1 By using the GAME PORTAL, the USER has expressly agreed to the following Terms. The provisions of these Terms determine the entire legal relationship between the USER and the PROVIDER and are applicable to all services that the USER receives via the GAME PORTAL or that are provided within the GAME PORTAL, as well as to all actions of the USER in relation to the GAME PORTAL. Any differing terms and conditions or terms of use of the USER are not applicable and are hereby rejected.

1.2 The PROVIDER reserves the right to make changes to these Terms to account for, for example, changes to the legal framework or changes to the GAME PORTAL. The USER will therefore review these Terms regularly. The PROVIDER will make the change in the current version of the Terms available in the GAME PORTAL and draw the USER's attention to this. From that point in time onwards, the change is effective. 2. Service

2.1 The GAME PORTAL is a platform for online browser games for all USERs who can access and use the platform by means of internet-enabled end devices.

2.2 The GAME PORTAL can be accessed and used via internet-enabled devices such as Smart TVs, set-top boxes, and other internet-enabled end devices via the internet if the device provides sufficient technical support for the GAME PORTAL service.

2.3 The GAME PORTAL is constantly being developed and updated by the PROVIDER. Accordingly, the USER can only use the respective current version of the GAME PORTAL and the games and features offered therein (such as tournaments, achievements and player codes).

2.4 The use of the GAME PORTAL on the internet is free of charge for the USER when using the version financed by advertising. The premium version of the GAME PORTAL, for which the USER is subject to a charge, does not contain any advertising.

3. Use of the GAME PORTAL

3.1 The GAME PORTAL can be played, for example, by remote control on Smart TV devices and set-top boxes, via computer and via mobile devices such as smartphones and tablets (hereinafter "Smart TV Device"). Each device thereby corresponds to a USER account.

3.2 The GAME PORTAL can be used from a minimum age of 16 years, see also point 4.5. The owners of the device, parents and/or legal guardians can regulate, restrict or prevent the use of the service via the settings of the internet-enabled device used.

4. Use of and/or registration to the GAME PORTAL

4.1 Access is gained through the use of the service. Use of the portal creates a USER account, see section 4.3, which connects the Smart TV Device with the GAME PORTAL.

4.2 Insofar as the USER uses a player name, this cannot be identical to an email address or internet address. In addition, the player name may not infringe the rights of third parties or offend common decency (e.g. be insulting or obscene, slanderous, or denigratory to other player names, etc.). Furthermore, player names with the following content are prohibited: advertising, advertising for anti-constitutional organisations or symbols of such organisations, content glorifying violence, racist, pornographic or sexist content, content harmful to minors, calls for or trivialisation of drug use, calls for criminal data, insults, slander, defamation, etc. The PROVIDER recommends that the USER choose a fantasy name that is as anonymous as possible in order to protect his or her identity.

4.3 By using the GAME PORTAL, the USER automatically has a USER account associated with the device with which the USER has registered. The transfer of a USER account to another player is not possible.

4.4 By accepting the Terms and logging into the GAME PORTAL, the USER confirms that he or she is over the minimum age of 16. Use by persons who have not exceeded the age of 16 is not permitted. The USER is responsible and liable for ensuring that no persons under the age of 16 use the services and the GAME PORTAL. Minors may only use the GAME PORTAL with the consent of their legal representatives. At the request of the PROVIDER, the USER must prove that he or she is over the minimum age of 16 and that the consent of the legal representatives has been obtained. The USER must provide all required information fully and correctly and keep it up to date at all times.

4.5 The PROVIDER is entitled to terminate this contract with immediate effect, to lock or delete the USER's account and to prevent further use of the services and the GAME PORTAL by the USER or to prohibit the USER from using the service if the USER has breached the obligations agreed in Clause 3 and in Clause 4. In the case of Clause 4.5, these rights are available to the PROVIDER if the PROVIDER has reasonable suspicion that the USER does not exceed the minimum age of 16 years and the USER cannot prove otherwise within a period of 5 working days. A renewed registration of the USER in the GAME PORTAL is then only possible with the express permission of the PROVIDER.

4.6 The PROVIDER recommends that legal guardians and/or owners of the Smart TV Devices who wish to restrict access to the games activate the parental controls of the respective Smart TV Device.

5. Obligations of the USER

5.1 The USER shall abide by the rules of the game.

5.2 The USER agrees that the PROVIDER and its partners, such as television stations or advertising companies, may place advertisements in all areas of the GAME PORTAL. For further information, see: PRIVACY NOTICE.

5.3 The USER commits to not using the GAME PORTAL for commercial purposes, such as advertising, sales, etc., unless expressly permitted in writing by the PROVIDER.

5.4 The USER is obliged to use the services of the PROVIDER within the framework of the conditions and rules specified in the GAME PORTAL and in these Terms. Violations, in particular serious and repeated violations (e.g. attempted fraud within the games), may lead to an immediate and irrevocable locking of the USER's account and thus to the termination of the contract concluded between PROVIDER and USER and/or the deletion of the USER's account.

6. Granting of rights of use

6.1 The PROVIDER gives the USER the possibility to play games, to favour games, to save records, to challenge other players and to invite friends within the GAME PORTAL. The USER has no claim to the constant availability of all functionalities, GAMES and features. In particular, if the PROVIDER makes the GAME PORTAL, GAMES, products or product features available free of charge, the USER can make no claims arising from this.

6.2 The USER may use the products offered by the PROVIDER on the GAME PORTAL. However, all trademark rights, property rights and other rights of the GAME PORTAL and the individual GAMES always remain with the PROVIDER or the cooperation partners of the PROVIDER. The USER is not entitled to transfer the right of use, to grant sub-licences or to change, sell or make the services offered accessible to third parties.

6.3 The PROVIDER is the holder of all property rights or licensees to content it integrates and offers within the scope of the GAME PORTAL. In principle, the USER is only granted rights of use to the extent that this is absolutely necessary for the realisation of the purpose of the contract and for the implementation and use of the offer in the GAME PORTAL. These rights are only granted for personal and private use. Use for commercial purposes is not permitted for the USER.

6.4 The USER grants the PROVIDER the non-exclusive, spatially and temporally unlimited right to electronically store an optionally-selectable PLAYER name as well as all game and usage-relevant information within the GAME PORTAL and to display it to other USERS within the GAME PORTAL, e.g. PLAYER names, levels, achievements and best performances in leaderboards.

6.5 The USER can delete his or her PLAYER name and usage data himself or herself at any time. Further information: Data protection notice.

7. Data protection and use of Cookies Data protection and use of Cookies are regulated separately under data protection (data use regulations).

8. Limitation of liability

8.1 The PROVIDER does not guarantee the correct reproduction, completeness, existence or security of the GAME PORTAL and is not liable for losses or damages incurred by the USER through the use of the GAME PORTAL. The foregoing also applies to links to external internet sites or the advertisements displayed. Further information under: Disclaimer

8.2 The PROVIDER endeavours to ensure the highest possible technical availability of the GAME PORTAL. However, he is not liable to the USER for the availability of the player account, achievements, levels or the entire GAMEs offered. A certain level of availability is not guaranteed. The USER shall not be entitled to any claims arising from any disruptions, non-availability due to maintenance work etc.. However, the PROVIDER may grant the USER free use of the GAME PORTAL and the GAMES on the internet as compensation in the event of a longer downtime for the GAME PORTAL.

8.3 In all other respects, the PROVIDER, its management, employees, legal representatives and agents, as well as the providers of the individual GAMES, are liable in cases of contractual liability, in particular in cases of delay and impossibility, unlawful acts, as well as on other legal grounds for damages that are not bodily injury, only in cases of malice and gross negligence. In the event of slight negligence in breach of the main contractual obligations, the liability of the aforementioned shall be limited to the amount of the typical foreseeable damage.

8.4 The USER shall indemnify the PROVIDER against claims resulting from the violation of third-party rights by the USER. In particular, the USER is obliged to indemnify the PROVIDER against the claims of third parties resulting from an unlawful act of the USER.

8.5 If such infringements lead to legal proceedings, the USER shall also bear the costs incurred by the PROVIDER as a result, in particular any court fees and legal fees incurred.

9. Termination of use

9.1 This agreement remains effective for as long as the USER makes use of the services in the PROVIDER's GAME PORTAL. The USER can delete this agreement at any time without providing reasons in the PROVIDER's GAME PORTAL. The USER is then obliged to no longer access or use the GAME PORTAL. The PROVIDER also has the right to terminate this agreement at any time without providing reasons but may notify the USER of this via the GAME PORTAL in advance, if it is possible to do so.

9.2 The statutory right of both parties to extraordinary termination for good cause remains unaffected. For the PROVIDER, an extraordinary reason for termination exists in particular if the USER culpably makes false statements during registration and/or during later changes to his or her data, or if the USER violates these Terms or if the PROVIDER has unsuccessfully reminded the USER to comply with the Terms (see 4.).

9.3 Despite a termination, the agreement with regard to Clauses 6 and 8 shall continue to be in effect even after the termination of the contract.

10. General Provisions

10.1 To the extent permissibly agreed, the exclusive place of jurisdiction shall be Munich, Germany.

10.2 The law of the Federal Republic of Germany shall apply exclusively and, if necessary, the law of the European Union.

10.3 The invalidity of individual provisions of this agreement shall not result in the invalidity of the remaining provisions of this agreement. The ineffective provision shall be replaced by the new, effective provision or, if no agreement can be found on a new provision, by a corresponding statutory provision by mutual consent of the contracting parties. The same shall apply accordingly if a provision of this contract should subsequently become ineffective.