General Terms and Conditions of K2 Interactive GmbH
Issued: October 2011
K2 Interactive GmbH (hereinafter K2 Interactive) provide their customers (hereinafter also users) free and fee-based services (hereinafter products or services) in the area of mobile communications, particularly in the field of mobile data services and content, based on the following general terms and conditions. The terms and conditions regulate the contractual relationship between K2 Interactive and the individuals who use the services from K2 Interactive, i.e. these terms and conditions regulate your rights and duties regarding the services offered by K2 Interactive. The terms and conditions also apply for content which the user sends or publishes/uploads on the qeep platform as part of the mobile client application, the mobile browser version, or the Internet site of qeep, for example in the form of e-mail, forum entries, pin board entries, chat messages, photoblogs, or other published content. Unless otherwise expressly stated, all new offers which enhance or improve the current services, including the offer of new services, are also subject to these terms and conditions.
By using the services of K2 Interactive, you acknowledge and accept of these terms and conditions. If you do not wish to be bound by these terms and conditions, you may not use the services of K2 Interactive! Differing conditions on the part of the user will not be part of this contract.
We are not a stationary or mobile Internet access provider. In order to use our services, you must have appropriate Internet access and the necessary abilities and permissions to use that access. It is up to you to create and ensure the technical requirements and the technical compatibility between your mobile telephone or computer and our service.
The use of the services and the download of the products are, depending on the service/product, only possible once the customer has provided the necessary information. This may be the mobile telephone number and type of mobile telephone or a free registration at www.qeep.de, www.qeep.net, or in the mobile client application.
The relinquishment by K2 Interactive to exercise or carry out a right or clause of these terms and conditions does not represent a waiver of that right or respective clause.
Please note that additional terms may be applicable if you use on-line services, content from third parties, or third-party software.
You can view and print out these terms and conditions at any time via a link on our Internet sites www.qeep.de or www.qeep.net.
The headquarters and server location of K2 Interactive is Germany. K2 Interactive is officially registered in Germany. The German general conditions provide K2 Interactive a reliably regulated financial and legal environment in which to offer on-line/mobile services and games, also for money, to a wide audience.
All legal relationships between K2 Interactive and the user are subject exclusively to German law and exclude the UN Convention on Contract for the International Sale of Goods. To the extent that the user is an entrepreneur, a legal person under public law or deals with special assets under public law, Cologne is agreed as the exclusive place of jurisdiction for any disputes which arise from these conditions of use and from contracts of which it forms a part.
2. Provision of products
K2 Interactive offers a variety of products in connection with the Internet and mobile telephones. This includes products such as virtual goods, texts, images, graphics, games, music, sounds, or other applications for download to mobile telephone or PC.
The user may access several products free of charge after registration. Other products are chargeable. For access to services and the use of various offers, including advertising, the normal connection rates of connection providers, e.g. the Internet or mobile-service provider, apply.
With qeep, K2 Interactive operates a platform on which social games (such as Friend Zoo) and games of skill with the possibility of profit are offered over the Internet or mobile telephone. The games offered that involve the possibility of profit are purely games of skill, which involve no or very limited elements of random chance, i.e. when you participate in games (hereinafter match or matches) or in tournaments against other users, it is your skill and your ability which make the difference against the other players. The use of the game area is possible at no cost or for actual money. With the use of real money, real monetary winnings are also possible. Play money (QP play money) is used for social games (such as Friend Zoo) and for virtual items and the hotlist. 1,000qp are equivalent to one US dollar. Information on the games offered, the game rules, and game play can be found directly in the game area of qeep. You should familiarize yourself with our games by reading the directions and game rules before taking part in the games and/or tournaments. This particularly applies when playing for money or when acquiring QP play money.
PLAYING FOR REAL MONEY REQUIRES A MINIMUM AGE OF 18 YEARS (IN SOME STATES 21 YEARS) AND CITIZENSHIP IN A COUNTRY IN WHICH THE PARTICIPATION IN GAMES OF SKILL FOR MONEY IS ALLOWED.
4. Registration and residence information
The use of the tele-services from K2 Interactive requires registration. This registration is free, i.e. no registration fees are levied.
The user is obligated to provide the information required for registration truthfully and completely. Furthermore, the user is obligated to update this required information promptly and unsolicited in the event of changes. Should any of the information provided by the user in this connection be false, imprecise, out-dated, or incomplete, or if K2 Interactive should have reason to suspect that this is the case, K2 Interactive has the right to delete user accounts temporarily or permanently and to exclude the user from any use of individual or all services now and in the future.
K2 Interactive cannot always explicitly and sometimes not at all check whether the user has provided correct information regarding his or her residence. As part of their equitable discretion, K2 Interactive can use technologies which prevent access from a jurisdiction in which the use of our products, particularly playing our games, is illegal or limited. Furthermore, K2 Interactive can require a user to prove that he or she is eligible to receive a prize.
Should the user have provided incorrect information on his or her residence during registration, this is grounds giving K2 Interactive the right to nullify the contractual relationship.
5. User account, access data, and security
After registration, the user will receive a password and an identifier for the user account. The user must ensure that the password and user account are not made accessible to a third party and must accept responsibility for all actions made under the user’s password or user account. On mobile telephones, the service will sometimes be available through automatic log-in. Therefore, the user must make sure that his or her complete mobile telephone is, as usual, secured by a PIN code or password in order to avoid access by third parties. Users with account credit should choose a particularly secure password in order to prevent unauthorised access.
The user is obligated to inform K2 Interactive promptly of any improper use of his or her password or user account and of any other infringement of the security requirements. K2 Interactive excludes and liability for losses or damages arising from the failure to meet the obligations in this section, i.e. K2 Interactive is not responsible for damages to you arising from unauthorised persons using your account/log-in and K2 Interactive accepts no liability for damages resulting from this unauthorised use.
6. Responsibilities, obligations of the user, and misuse
K2 Interactive is under no circumstances liable for content, particularly not for any errors, inaccuracies, or incompleteness in connection with content or services and also not for losses or damages arising from the use of content or services which are published, sent by mail, or otherwise transmitted as part of the services.
As part of using the services, the user may not:
• deliberately provide erroneous, misleading, incorrect, or incomplete information; this includes information about the correct age of the user during registration (qeep users must be 17 years of age or older);
• enter, publish, transmit via mail or other means content to which the user does not have the right to reproduce (e.g. for reasons of non-disclosure agreements or similar);
• open several user accounts or create a user account with K2 Interactive without authorization;
• collect or save personal data regarding other users.
• cheat or attempt to cheat, particularly by using mechanisms, software, or other scripts in connection with the use of the platform offered by K2 Interactive which (could) interfere with the functions of the K2 Interactive platform or which are used to obtain a better result than that which could be obtained through the sole use of the mobile telephone or mouse/keyboard or other adequate input device, such as touch screens, or is possible in the game controls described in the individual game rules, or to influence the game controls negatively for other users;
• interfere with or interrupt the services or the servers or networks connected with the services, or fail to observe the regulations, procedures, or other rules of networks which are connected with the services;
• disrupt the technical operation of the services or interrupt the normal flow of communication or interfere with the ability of other users to communicate in real time;
• intentionally cause errors/malfunctions in order to influence a game, for example, to end the game early;
• obtain or attempt to obtain an advantage through unfair behaviour of any kind, for example deceiving other players, thus jeopardising fair competition;
• engage in cooperation with other users or other persons (e.g. an agreement) in such a way that an unknowing, uninitiated user is disadvantaged by this and thus is impaired in a fair game or chance to win;
• violate any other duties and/or rights of others arising from legal ordinances, the terms and conditions, and game rules;
• represent himself or herself in the services as another person, e.g. as a representative of K2 Interactive or person in other ways responsible for the service, or pretend a non-existent relationship to such persons.
Improper behaviours on the platform offered by K2 Interactive are forbidden. Misuse includes, but does not only consist of, the user failing to observe the above-named duties.
In the event of improper behaviour or the suspicion of improper behaviour, particularly those described above, K2 Interactive is authorised to block or delete the user account and/or user without prior notice and/or to cancel the service contract without notice. The affected user must repay K2 Interactive for any expenses resulting from this. K2 Interactive is entitled to place a lien on balance amounts in the user account due to claims for damages against them by third parties and forfeited contractual penalties against the user.
Amounts which have been mistakenly credited to your user account remain the property of K2 Interactive and will be automatically deducted from your account as soon as the error is discovered. Winnings which are mistakenly credited to your user account and are withdrawn by you must be replaced by you.
The user must assess and bear the risks associated with the use of content alone, including the risks arising from the user’s confidence that the content is correct, complete, or useful for his or her purposes. In this respect, the user acknowledges that he or she cannot trust in content created by K2 Interactive or other users or made available to K2 Interactive by third parties.
K2 Interactive is entitled to check, change, save, and transmit content to third parties, so long as this is statutorily or according to best judgement necessary and legally permitted, in order to
(a) meet legal regulations or judicial or governmental directives,
(b) implement these terms and conditions,
(c) respond to the assertion of infringement by third parties,
(d) protect the rights, property, or personal security of K2 Interactive, their users, or the public,
(e) identify and/or correct technical problems and react to complaints about the service, or
(f) implement security measures against virus or hacker attacks or other comparable harmful applications or files.
7. Responsibility for Contents
The responsibility for all information, data, texts, software, music, sounds, photos, graphics, videos, messages or other materials ("content") which are generally published or privately sent lies solely with the person from whom such content comes. This means that the user and not K2 Interactive bears the entire responsibility for any content which he enters, publishes, sends by text message or transfers in any other way in the context of the services. K2 Interactive generally does not check contents which it passes on to the user through the services and therefore accepts no warranty for the correctness, reasonableness and quality of such contents. The user is aware that he may be exposed by the use of the services to a piece of content that is abusive, offensive or objectionable in other ways.
The users undertake not to publish, send or forward in the context of these service in any way any content which:
• is contrary to law, damaging, threatening, abusive, harmful, libellous, vulgar, obscene, hateful, racist or objectionable in any way,
• causes harm to minors in any way,
• infringes the rights of third parties, in particular patent, copyright, trademark right, performance protection right, labelling laws, trade secrets or other property rights,
• contains viruses or other computer programs which affect the operation of external computers or mobile terminals,
• are surveys or chain letters,
• serves the purpose of collecting, storing or using personal data on users without the relevant express agreement, particularly for commercial purposes, or
• are for the purpose of circulating information on a political, doctrinal or religious matter.
The user undertakes not to delete any legends or source data on the contents transferred. The user shall ensure that he has all the rights with respect to the publication of the contents provided and gives K2 Interactive the unrestricted right in terms of territory, period of time and content to use and process the contents provided, as long as the contents are used in the publicly accessible areas of the services. This also includes the right to change, duplicate, transfer, publish and further develop as well as transfer the usage rights to third parties without any claim for remuneration. If the user himself is not the holder of the rights to content entered by him, he guarantees that the owner of the content has declared they are in agreement with the transfer of rights in accordance with the regulations above. Publication of the contents transferred by the user in another manner is permitted by him.
K2 Interactive is only responsible to third parties for external content which is provided for use by a service offered by K2 Interactive, if it has proven knowledge of this content, it is technically possible and reasonable to prevent its use and there is responsibility in accordance with general regulations.
The user indemnifies K2 Interactive from any claims which third parties may enforce against K2 Interactive on the basis of content transferred by the user for publication. K2 Interactive reserves the right to defend against such claims in court. The user shall support K2 Interactive in the defence of such claims, in particular by all information required for defence. The user is obliged to compensate for damages incurred by K2 Interactive due to the well-founded claims of third parties. This includes the costs of legal prosecution.
K2 Interactive reserves the right to remove contents used by the user as a matter of principle.
8. User Account, Access Data and Security
Users may use the functions, services, and games of the platform operated by K2 Interactive.The use of the game area, individual games and, above all, games that involve real money (hereinafter called “skill gaming”) or games with QP play money (hereinafter “social games”) may be linked to certain requirements by K2 Interactive., such as minimum age, payment method, number of games played, special game rules, etc.
Temporary restrictions may occur due to technical failures such as interruptions of telecommunications, power supply, hardware or software malfunctions, or other external influences.
The user is in particular responsible for the actuality and suitability of the hardware (PC or mobile telephone) and software (browser and/or mobile OS) used. The same applies to the stationary or mobile Internet connection. Particularly for a mobile Internet connection, the user must ensure a stable and good mobile network connection for himself or herself, i.e. usage in rural areas, dense construction, or tunnels, for example, is not advised.
Maintenance periods will, when possible, be announced in advance. During maintenance, certain functions or the entire platform operated by K2 Interactive are not be available. Games or tournaments in the gaming area which end after the maintenance period will not be extended or resumed, even though playing is not possible during this time.
9. Special prerequisites for the use of the skill gaming area
If using the skill gaming area, users should observe all the laws applicable in the country and/or German federal state in which the user resides or accesses the service when using this area of qeep. In the event that the user uses skill games with the use of money even though the local laws or regulations limit or forbid the use of this sort of offer, that is the user acts illegally, there will be no contractual relationship. If you as a user are unsure if you may use the offer from K2 Interactive according to the applicable regulations of your place of residence or the place where you access the service, please get authoritative legal advice. K2 Interactive assumes no liability for the legal permissibility of the offer in countries in which skill gaming is limited or forbidden. It is exclusively up to the user to ensure that he or she may use the offer from K2 Interactive. However, if necessary, K2 Interactive will cooperate with local officials and consequently actively exclude users.
If you would like to play the skill games from K2 Interactive for money, you must be at least 18 years of age and, along with filling out a complete registration, must also be able to afford the payment of real money in the amount of the individual minimum starting balance. With this payment, you expressly confirm that:
• you are aware that you must be at least 18 years of age to participate in games for remuneration;
• you are not a citizen of Malta, Turkey or Brazil;
• you are not a citizen of the following US states with a ban on games of skill: Alaska, Louisiana, Arizona, Maryland, Arkansas, Missouri, Connecticut, Montana, Delaware, South Carolina, Florida, South Dakota, Illinois, Tennessee, Iowa, Vermont;
• you are capable of concluding a legally binding agreement with us;
• you will not play games in a country or state in which the participation in games of skill for money is forbidden. In case of doubt, you will first check this;
• you are not a bookmaker or the representative of one, an employee of a company in our network of affiliated companies, and that you do not operate a business for which you accept bets or offer prizes for uncertain future events;
• the money which you paid to the user account belongs to you and is not the result of a criminal or other illegal activity;
• you are aware that you can lose money through participation in our games;
• you are at least 21 years of age if you live in Estonia.
10. Age verification for skill gaming
In order to obey the requirements of the protection of minors, K2 Interactive reserves the right to conduct age verification. The age verification can be automated through the conclusiveness testing of the user data provided. K2 Interactive is likewise entitled to demand the submission of legally valid proof of age. All functions that require real money to be deposited may only be accessed by users aged 18 years or over.
11. Liability and revisions in skill gaming
K2 Interactive is not liable for losses, damages, or injuries caused by the access/use or attempted access/use of a user through downloading, viewing, or using data or information obtained by other means from K2 Interactive, unless this is based on gross negligence or deliberate breach of duty by K2 Interactive. K2 Interactive is only liable for premeditation and gross negligence and their agents only for gross negligence, provided essential contractual duties are not violated.
K2 Interactive assumes no liability for input or transmission errors, because these lie outside of their influence. Furthermore, K2 Interactive reserves the right to amend obvious errors in the entry of wagers, prices, rates, etc. in the area of skill games with wagering, also after the fact.
K2 Interactive is not liable for any damages, regardless of type, arising from a misuse of the account by the user or third parties.
Furthermore, in the event of games or tournaments which end early for which they are clearly responsible for the early end, K2 Interactive has the right to refund the wagers of participating users to their user account. K2 Interactive is not liable for indirect or secondary damages. Furthermore, K2 Interactive is also not liable for winnings or potential winnings; not even from a match or tournament which ends early.
12. Operation of the games
K2 Interactive has the right to remove individual or several games from the site or to alter them. Moreover, a game may be - planned or unplanned - unavailable. To maintain security or for other reasons, K2 Interactive can demand that you change your password or other access information.
13. Participation restrictions of the skill gaming area
Employees, staff, freelance workers, and service providers of K2 Interactive are not authorised to use the skill gaming area, although they may participate for test purposes without earning winnings for themselves, third parties, or K2 Interactive.
14. User account
K2 Interactive maintains a user account with real money (dollar account) for certain users. This is opened at no charge upon K2 Interactive’s receipt of the opening payment and the successful completion of the registration process. The dollar account can be used for participation in matches and tournaments, for the purchase of virtual goods, content and services, and services and offers by third parties. Furthermore, K2 Interactive manages the winnings and losses in the user account on behalf of the user without interest. Deposited amounts can be used exclusively for wagers, virtual goods, content and services as well as to pay any fees and provisions from K2 Interactive and are repayable as part of balance payouts (see article 20). Participation fees and costs for purchasing virtual goods, content or services are deducted from the account and any existing entitlements to payouts are reduced accordingly. QP play money is fundamentally not repayable.
15. QP play money
K2 Interactive uses QP play money for certain transactions (such as virtual gifts). The user also receives QP play money as payment for certain activities (such as Friend Zoo) within the product. QP play money can fundamentally only be used within qeep. Various virtual goods, content or services within qeep can be acquired using QP play money. Some of these virtual goods, content or service scan also be sold to other users or back to K2 Interactive for QP play money.
Dollar account balances can be used for QP play money transactions at the respective exchange rate. When using dollar account balances for QP transactions, the claim to balance payouts in accordance with §20 expires, as the dollar account balance has been exchanged for QP play money.
QP play money is fundamentally not repayable. QP play money has no real equivalent value. Pure QP play money amounts are deleted when the contractual relationship is terminated.
16. Monetary wagers in the skill gaming area
With the participation in a tournament or match (game) with monetary wagers, the user authorises K2 Interactive to debit irrevocably the given amount (wager) at the beginning of the match and the fees described under article 20. from the user account and to pay the fees to K2 Interactive and the game winnings to the opponent in the individual game or to collect the net earnings from the loser and credit them to the user account.
The wager is due upon participation in a match or tournament. The wager is real money. A wager is not due in games or tournaments without monetary wagers. Before every game with monetary wagers, the monetary wager will be clearly indicated and will also be independently selected by the user. The amount of the monetary wager can therefore vary and will be displayed to the user prior to participation in a match or tournament. With the beginning of the game, the wager will be debited from the appropriate user account. If the user does not have a balance or has an insufficient balance in the user account, the user may not participate in the match or tournament. K2 Interactive is entitled to limit the wager, including handling fees, in advance per game and/or per day, individually or in general.
The winner of a match receives 75% of the total wagers. Payout rates for tournaments can vary and are stated in the tournament conditions. Progressive tournaments are subject to the regulations in §19.
17. Game cancellation
If cancelled on the part of a user, a game is considered to be lost if the user actively breaks off the game. If the user is not able to continue a game, for example due to a lost network connection, he or she has 60 seconds to restore the network connection. If this is not successful or if he or she tries to reconnect more than three times, the game will be assessed as lost for this user.
Payments to the user account are to be made properly and irrevocably. Only with receipt of payment to the account of K2 Interactive can the user make use of the cost-based products and services and skill gaming.
K2 Interactive is authorised, cancellable at any time, but not required, to accept payment via bank transfer, credit card, direct debit, or other procedure. With any direct debit instruction, the user authorises K2 Interactive to collect the determined amount from the specified account. The user irrevocably agrees that, in the event that the debit is not honoured, his or her financial institution will inform K2 Interactive (or a company authorised by K2 Interactive to collect the claim) of the user’s full name, birth date, and address recorded there. The user also agrees that his or her financial institution will transmit the above-named data to K2 Interactive (or a company authorised by K2 Interactive to collect the claim) for the purpose of processing the debit and collecting payment and that they will be recorded there until settlement of the claim. Please be sure that you are authorised to use the credit card or bank account. You must also update your bank account or credit card information routinely in the event of changes.
The amounts, wagers, and fees are made available in the user account once they have been irrevocably received by K2 Interactive and booked to the user’s user account. For deposits via bank transfer, the specification of the reason for payment must only state the purpose for which the user has transferred funds to K2 Interactive. K2 Interactive will strive to allocate and credit incoming payments immediately to the user account. K2 Interactive is authorised, cancellable at any time, but not required, to allow the user to participate in matches or tournaments with monetary wagers prior to receipt of payment.
19. Progressive tournament winnings & restrictions on participation
The prize money for all money tournaments will be displayed to you for every tournament prior to participation. This does not apply for tournaments with progressive winnings. The amount of the winnings to be paid in tournaments with progressive winnings (e.g. jackpot tournaments) varies with the number and frequency of participation of the users. Therefore, there can only be a statement of current potential winnings, which, however, will continue to increase with further participation prior to the end of the progressive tournament.
K2 Interactive reserves the right to limit the number of participants and the duration of tournaments.
20. Balance payouts
Users who play for money in the skill gaming area may be entitled to have their dollar amount balance or part of their dollar account balance paid out twice monthly, provided the amount to be paid is at least the amount of the smallest payment amount in your country and at least 6 weeks have passed since the first deposit. Users from Malta, Turkey, Brazil or the US states Alaska, Louisiana, Arizona, Maryland, Arkansas, Missouri, Connecticut, Montana, Delaware, South Carolina, Florida, South Dakota, Illinois, Tennessee, Iowa and Vermont can not have a balance paid out for legal reasons, i.e. all winnings can only be spent or used in qeep. Furthermore, payout also requires that any and all payments plus bonuses received have been used once completely for skill gaming or other products/services. The user will receive the money paid out in the method selected by the user on demand, with debt-discharging effect for K2 Interactive.
For reasons of security, this process may differ and K2 Interactive is authorised, but not obligated, to make the payout of credit dependent on proof of identity. In this case, the user is obligated to provide a copy of his or her official passport together with a written request for payout along with information regarding the bank/account details. In this case, a debt-discharging payout will be made to the specified account of the user.
There is no obligation for K2 Interactive to examine the authorisation of the user. The payout will take place no earlier than two weeks after the payout request.
At registration and at later points in time during a deposit, K2 Interactive can credit the user account with an additional balance (bonus). A bonus granted by K2 Interactive (e.g. deposit bonus) and payments from actions, drawings, bonus systems, or other payment methods can only be used to play games offered by K2 Interactive or used for virtual goods, content and services., but not paid out or transferred. Furthermore, you cannot have a balance (including any winnings from bonus credits) paid out before you have wagered four times the amount of bonus money received on the games offered by K2 Interactive. This should prevent deposits being paid out and users playing only with bonus credit. K2 Interactive is authorised, but not obligated, to waive the above-named four-fold wager amount wholly or in part.
Should the collected winnings in a user account exceed 2.50 US dollars, K2 Interactive is authorised, but not obligated, to initiate the payout of the balance above this limit. K2 Interactive reserves the right to remit balances above this limit only to a bank account. K2 Interactive is also authorised to alter this limit without providing grounds.
If your balance (less all non-withdrawable amounts) is lower than the payout fee (see article 21., fees, special charges for monetary transactions, and balance settlement), the payout request will not be processed.
21. Fees, special charges for monetary transactions, and balance settlement
For matches or tournaments that involve real money wagers, K2 Interactive receives a fee of 25% of all the wagers in return for providing the games.
If a user with a user account balance plays fewer than 25 matches or tournaments in the skill gaming area or does not use the account for other products and services from K2 Interactive or their partners within six months, K2 Interactive can levy a maintenance fee of up to 6.00 US dollars for the registration.If the dollar account balance is not sufficient to pay the inactivity fee, the full or remaining amount will be deducted from the QP play money balance taking into account the exchange rate. For payouts from the user account, K2 Interactive receives a flat charge of up to 2.50 US dollars per payout. Possible bank and/or transaction fees for transactions other than bank transfers to a German account (e.g. foreign remittances) will be borne by the payee. For the deletion of a user account, K2 Interactive will receive a flat fee in the amount of 5.00 US dollars.
If a user causes special charges for monetary transactions in the deposit to the user account and/or processing, particularly for reason of payment returns (e.g. bank transfer returns, credit card returns, etc.) or through increased banking fees for bank transfers or other payments to or from abroad, K2 Interactive is authorised to debit these costs from the user account. For the processing of payment returns by K2 Interactive, K2 Interactive will charge a processing fee of at least 15.00 US dollars per payment return and an additional 5.00 US dollars for each request for payment. The assertion of damages beyond this, particularly compensation to third parties for the processing of payment returns (e.g. legal and collection costs), is, in any case, reserved. The user bears all costs if a credit to the user account is redebited for reasons attributable to the user (e.g. return debit note or credit card reversal due to cancellation, insufficient funds, or incorrect information). Furthermore, K2 Interactive is authorised in this case to entrust a collection agency with the collection of claims resulting from this and to transfer the claims against the user, including incurred costs, to the collection agency.
Winnings, wagers, and fees will be charged directly to the user account by K2 Interactive. Should this charge lead, for any reason whatsoever, to a shortage (negative account balance), the user is obligated to an immediate additional payment up to a balance of 2.00 US dollars.
22. Cancellation and Termination of Contract
Cancellation is possible in writing or text form by both contractual parties at any time with no need for justification. The cancellation should be addressed to: K2 Interactive GmbH, Customer Service, postal address: Bahnhofsvorplatz 1, 50667 Cologne, by sending a QMS to Qeepmaster, or by sending an email to info[at]bluelionmobile.com.
On sending, the cancellation is effective for chargeable services at the end of the current billing period, and for free services immediately.
When using services that are free of charge the user agrees that K2 Interactive may end as it sees fit and for whatever reason his user password, his user account (or parts of it) or any other use of the services and delete any content. This particularly applies if the user has not used the services for a long period of time. The user declares that he agrees that any interruption to his access to the services may be done in accordance with the provisions of this agreement without prior notice, and K2 Interactive may suspend or delete his user account and any information and files in the context of it immediately and/or may disconnect any further access to such files or to the services. Furthermore, the user declares that he agrees that neither he nor a third party can hold K2 Interactive liable for terminating access to the services. The contractual relationship is automatically terminated with the deletion of data.
The user’s contract may be cancelled without notice if he claims the products abusively or uses the products under contravention of essential obligations of the conditions of use, or when using against proper customs, or contravenes administrative or criminal regulations, or injures the absolute rights of third parties.
With the termination, all debts and claims from the contractual relationship are due immediately. The user account, the Email account and mobile telephone number forming part of it are blocked. The user must compensate K2 Interactive for any damage due to misconduct that has led to the extraordinary termination, and indemnify K2 Interactive inasmuch for any qualified claim against K2 Interactive by third parties.
In the event of deletion of his user account, the user may only obtain access to the services after the prior written permission of K2 Interactive. The user must also not help another user whose user account has been deleted, to obtain access to the services through his user account or with the assistance of his user account.
23. Deletion of the user account
The user account will be deleted without a statement of reasons and at the absolute discretion of K2 Interactive if a period of 3 years has passed since the last log-in or due to cancellation at the end of the contract period. This ends the service contract with K2 Interactive. If the user does not indicate a different bank account, any balance will be credited – if possible – to the last credit card used for payment. In the event of the deletion of the user account due to extraordinary cancellation, K2 Interactive claims a right to retain the balance due to any damage claims by K2 Interactive itself or third parties and breaches of contract.
24. Limitation of payouts
If a payout is not possible, K2 Interactive will hold the balance amount in a general account until the onset of the limitation. The payout claim will become invalid after three years. The limitation begins with the origination of a payout claim. K2 Interactive can donate time-limited credit amounts in support of charitable organisations or activities.
25. Single purchase and subscription
K2 Interactive offers various methods of ordering products, services, or for crediting user accounts. The methods of ordering are described in detail in connection with the relevant product, service or the user account credit on the Internet at www.qeep.net, www.qeep.de, in the product or in other media. The fundamental use of the product with no premium features is free of charge and financed by advertising.
K2 Interactive offers these products, services and user account credits as single purchases or as part of a renewable subscription.
When requesting a product, service or user account credit, the user submits a binding offer at the relevant applicable and indicated price. With the acceptance of the offer by K2 Interactive through a) the shipping of the product, the activation of the service, or the crediting of the user account by or for the user, or b) the beginning of the download of a product or use of the account balance by the user, or c) the activation of access to this product or service for the user (e.g. by activating the MSISDN for this product), a contract between K2 Interactive and the user comes into being.
In the case of a subscription, the term of the subscription is initially one week, one month, or one year (hereinafter billing period), depending on the chosen subscription model. The subscription contract and the term of the subscription are extended after every billing period by one billing period. The subscription contract remains in effect until it is cancelled. The full price is due each week or, for monthly subscriptions, each month as part of an uncancelled subscription relationship, regardless of whether and how the user uses the offer; the return service for the weekly or monthly full price is solely the weekly/monthly granting of the authorisation to download and receive or use products, services, or account payments, that is the provision of the respective services or account balance.
The subscription contract with K2 Interactive is concluded upon ordering a product, service, or user account credit from a subscription offer by the user and a) facilitation of the use of this product by the user, or b) the activation of access to this product or service for the user, or c) crediting the user account. This is established for an indefinite period and can be cancelled at any time. or is established for a specified minimum term, which will then be specially indicated in the individual case. Subscription offers are subject to change at any time. Expansions and restrictions of content and prices, even for current subscriptions are reserved, e.g. with the increase of costs for content, services, or transport.
Cancelling the subscription contract is possible at any time from the account area in the product. Alternatively, a subscription contract concluded via SMS can also be cancelled by sending a stop message. In the UK, this stop message (i.e. an SMS containing the word STOP) should be sent to 60550.
K2 Interactive reserves the right to refuse improper user queries.
Depending on product and order method, K2 Interactive offers a variety of payment options, including, for example, billing via mobile telephone bill, by prepaid balance, by credit card, by bank transfer, or by direct debit/automatic debit transfer. The payment options are explained as part of the order.
26. Commercial Use of Services
The user must not copy, duplicate, imitate, sell, sell on or use for commercial purposes of any kind his access to the services inasmuch as this is not expressly permitted to him by K2 Interactive.
27. Data protection, advertising
The security of the personal data provided is extremely important to K2 Interactive. The user’s registration data and specified personal data of the user are therefore subject to our data protection provisions.
With registration, you declare your agreement that we will publish your user name, your game and tournament rankings, and your records. By accepting prize money, you further agree that we can publish your user name and tournament data in any medium (newsletter, e-mail, or transmissions).
The user agrees to receive advertising on his or her mobile end device.
K2 Interactive will not send e-mail advertising to users if they have refused a sending during registration or in writing at a later time. K2 Interactive will only send e-mail advertising to unregistered users if they have agreed to a sending. The agreement is revocable. K2 Interactive is not responsible for e-mail from third parties.
28. Industrial Property Rights
The user acknowledges that the services and any required software used in the context of the services ("Software"), is subject to industrial property rights and contains confidential information which is protected by legal regulations, particularly those on the protection of intellectual property. The user furthermore acknowledges that contents in the advertising of sponsors and information which he obtains through the services or through advertisers is protected by copyright, trademarks, patents or other protection rights or laws. Inasmuch as K2 Interactive or the relevant advertiser has not declared agreement in writing thereto, the user must neither in whole nor in part amend, rent, lease, lend, sell, distribute or convert works which affect the service or the software.
In the context of the conclusion of a contract to provide products or services, K2 Interactive grants the user a personal, non-transferable and non-alienable right to use the object code of K2 Interactive software on an individual computer or mobile telephone, to the extent that the user is not permitted to copy, change or destroy any software nor produce works derived from it, and also not in any way try to reveal the source code, does not sell, alienate, issue sub-licences for or transfer any rights to the software or burden these with rights, including to third parties. The user must not change the software in any way or use altered versions of the software, in particular not for the purpose of creating unauthorised access to the services. He must not create access to the services in any way other than through the interface that is provided to him by K2 Interactive.
The services provided by K2 Interactive, particularly content published on qeep, are protected by law as long as the platform is operated. Duplications (even in excerpts), particularly for commercial advertising, use or assessment, require the prior written permission of K2 Interactive. Only the production of a copy of the content exclusively for personal, non-commercial usage is permitted, under the precondition that the origin remains clearly recognisable, for example by stating the source. Any further duplication, distribution or publication of contents without the prior written permission of K2 Interactive is prohibited. Authorisation can be requested under info[at]bluelionmobile.com.
K2 Interactive respects the intellectual property of third parties and requires users to do so also. If you are of the opinion that your work has been copied in any way that represents an infringement of copyright, K2 Interactive would ask you to provide:
a) An electronic or manual signature of the person who is entitled to act for the legal owner;
b) A description of the work protected by copyright that was infringed in your opinion;
c) A description of where the material is located that infringes copyright in your opinion;
d) Your address, telephone number and email address;
e) A declaration by you that to the best of your knowledge and belief, the usage complained about is not permitted by the holder of the copyright, by his authorised representative or by legal regulations;
f) An assurance on oath by you that the above information is true and that you are the holder of the copyright or entitled to deal on behalf of the copyright holder.
30. Exclusion of Guarantee
The services are used at the risk of the user. The services are provided in a form as decided by K2 Interactive and subject to availability.
K2 Interactive does not guarantee that the services meet the requirements of the user and will be available at any time without interruption, in good time, securely and error-free. K2 Interactive does not accept any warranty in relation to the results which can be obtained by the use of the services, with respect to the correctness and reliability of information obtained in the context of the services or that the quality of the services or information obtained in the context of the services will meet the expectations of the user. K2 Interactive also does not guarantee that the hardware and software used for the services shall work error-free at any time or that any error in the hardware or software will be corrected.
The downloading or otherwise obtaining of content in the context of the services is done at the risk of the user and the user is solely responsible for any damage to his computer system, his mobile telephone or other technical devices applied for such usage for any loss of data or for other damage due to downloading content or other transactions in the context of the services.
Advice or information that the user obtains in the context of the services, whether in writing or verbally, does not form grounds for any kind of guarantee from K2 Interactive unless this has been expressly agreed.
As a matter of principle, K2 Interactive is only liable for deliberate acts and gross negligence and for the infringement of essential contractual obligations, however, in the latter case only for typical foreseeable damage. The German Product Liability Law remains unaffected.
K2 Interactive is not liable for any damage incurred by the user as a result of force or which was caused by the user or the recipient not being able to use the services of K2 Interactive. K2 Interactive is not liable for collateral or consequential damage.
For the use of products of K2 Interactive it is often essential to use certain technical systems, such as terminals (e.g. mobile telephones), software programs, means of transfer, telecommunications and other services of third parties, by which the user may incur additional costs, particularly connection fees. These are to be paid separately by the user. K2 Interactive does not provide such terminals, software programs, means of transfer, telecommunications or other services and accepts no warranty or liability for them.
The user himself is responsible for the devices used by him, in particular mobile telephones and computers, being suitable for processing the services called up and meeting the requirements of the relevant services.
K2 Interactive does not accept any liability for the uninterrupted availability of services and the completeness or correctness of information transferred or the timely and error-free technical transfer. The user declares that he is in agreement that K2 Interactive accepts no responsibility or liability for the deletion of data or delay, deletion, mis-transfer or memory failure in relation to messages, any communications or other contents which are entered and transferred in the context of the services. K2 Interactive reserves the right to interrupt access to products temporarily to carry out maintenance work. Furthermore, K2 Interactive is entitled to change or stop the services provided either in whole or in part as it sees fit.
K2 Interactive is not liable for the behaviour of users or other third parties or for contents or declarations which are forwarded by users or other third parties in the context of the services. K2 Interactive is also not liable for any damage incurred from the use or impossibility of using the services. In particular, K2 Interactive is not liable for the costs of replacement purchases or for costs incurred in the context of goods or services obtained, messages obtained or other transactions or from unauthorised access to the services or a change of the user’s entries or data or in any way in the context of the services. K2 Interactive expressly informs the user that the services may contain contents that are harmful to young people or objectionable in other ways. K2 Interactive is not liable for any damage incurred by access to such or other contents.
32. Right of Withdrawal
The user may rescind his contractual declaration to order products and/or services without cause if it is done within two weeks of concluding the contract. For this withdrawal to be valid, written notice must be sent to K2 Interactive GmbH, postal address: Bahnhofsvorplatz 1, 50667 Cologne or by sending an E-mail info[at]bluelionmobile.com. The two-week period is enumerated from conclusion of the contract. Timeliness shall be determined by the date of postmark.
With effective withdrawal, the services received on both sides are withdrawn mutually, and so the user is considered to have paid a reasonable consideration of the usage of K2 Interactive products.
The right of the user to withdraw elapses prior to the end of the withdrawal period if K2 Interactive renews supply of a product and/or service on occasion of the user, e.g. by download.
33. Notes for international use
Given the universality of the Internet, the user is obligated to obey all applicable national and international regulations regarding on-line behaviour and the legality and appropriateness of content. He or she declares in particular that he or she will obey all applicable national legal provisions regarding the export of technical data.
K2 Interactive reserves the right to assign the rights from this contract to or to have services in accordance with this contract provided by third parties as agents. The transfer of your claims from this contract requires our prior written permission.
35. Amendment of the General Terms and Conditions
The relevant General Terms and Conditions of K2 Interactive applicable when usage occurred are in force. In the event of an amendment, this is indicated on www.qeep.net.
36. Preservation Clause
To the extent that individual clauses of the conditions of use above should be ineffective either in whole or in part, the validity of the remaining conditions of use are unaffected by this. The ineffective provision is deemed to be replaced by such a provision that comes most reasonably close to the meaning and purpose of the ineffective provision in a legally effective way. The same is applicable for any loopholes.
37. Contraventions against These General Terms and Conditions
Please inform us of any contraventions of these General Terms and Conditions. If you discover that contents of the services contravene these General Terms and Conditions, please inform us by Email to info[at]bluelionmobile.com.
To do this, please give us the identification data of the person who is not adhering to the rules, together with the relevant content or description. However, K2 Interactive does not hereby guarantee that any action is taken on the basis of your report.
These terms & conditions were last updated on October 5th 2011.