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General Terms and Conditions

GameDuell Terms and Conditions in the United Kingdom

 

The following document is the GameDuell GmbH (in the following referred to as “GameDuell”) terms and conditions. These Terms and Conditions shall regulate the contractual relationship between GameDuell and individuals (in the following referred to as “Member” or “Player”) who use the telecommunication services provided by GameDuell. These Terms and Conditions shall also govern all content sent and uploaded by Members within the scope of the services at www.gameduell.co.uk (“the Website”) including E-mails, forum and guestbook entries or chat messages.

 

The Website is a skill-gaming platform which offers its Members the chance to win prizes and acts as a platform for communications in specific countries. Members are able to compete against other Members in duels and tournaments to win gaming money or real money. Information pertaining to the games that are offered, the rules and further information about game play can be found on the Website.

 

1. General Terms

 

1.1. Types of Membership

 

In general, GameDuell differentiates among the following types of Members: Practice Players, Fun Players, and Money Players. Practice Players play games by using gaming credits, whereas Money Players are able to participate in our games using real money and are any Players who deposit, play with, or withdraw real money on the Website. Fun Players play games with neither gaming credits nor real money.

 

1.2. Registration

 

The use of the telecommunication services provided by the Website requires Member registration. Member registration is free of charge for Practice Players and Fun Players, as well as for Money Players. There is no registration fee. No Player is entitled to registration at GameDuell. Furthermore, GameDuell reserves the right to reject Practice Player, Fun Players and Money Player registrations without specifying any reason for rejection.

 

1.3. Usernames

 

Usernames may not be derived either from E-mail addresses or Internet sites, may not infringe upon the rights of third parties, and may not violate any rules of good conduct.

 

1.4. Passwords

 

For security reasons, passwords must differ from usernames and may be changed whenever the user deems necessary. Passwords should not be sequences of consecutive numbers (i.e.: “2345678”) or letters (i.e.: “ABCDEFG”). More specifically, a secure password should contain a combination of numbers, letters and, when possible, special characters. Passwords should be kept secret and periodically changed (every 2 months at the latest).

 

If a third party gains access to the account of a user who is in violation of these security guidelines and plays games or withdraws funds, then the user shall bear any and all expenses incurred and GameDuell will not issue any form of compensation. GameDuell will not give your password to any third parties unless we are required to do so by law. GameDuell will never ask Members for their passwords via telephone or E-mail. GameDuell can only use the password request form on the login page to request a password.

 

1.5. Multiple Registrations

 

Multiple registrations, as well as the setting up and operation of multiple accounts at GameDuell are prohibited. Player Accounts are non-transferable.

 

1.6. Extent of Use

 

1.6.1. Requirements for Use

 

Members may use the games that GameDuell offers on the Website. The use of GameDuell or certain features offered therein may, however, be dependant upon certain conditions such as type of Membership (Practice Player, Fun Player, or Money Player), age, proof of payment, amount of completed games, specific game rules.

 

1.6.2. Limitations of Use

 

A Member's entitlement to use of the Website and the features that are offered therein are solely dependant upon the current technical status at GameDuell. Temporary disturbances may be experienced due to the interruption of telecommunications, power outages, hardware and software failures, etc.

 

1.6.3. Hardware / Software / Connections

 

GameDuell users are solely responsible to ensure that their hardware, software, and internet connections are current and meet necessary system requirements.

 

1.6.4. Maintenance Periods

 

Maintenance work is conducted mainly for the purpose of ensuring the server's security and integrity. If possible, Members shall be notified of maintenance periods in advance. A portion, or sometimes all, of the features of the Website will no longer be available during maintenance periods. Games that have begun prior to such maintenance periods will not be extended, despite the fact that no game play can take place during maintenance periods.

 

1.7. Data Entry and Privacy Policy Notes

 

1.7.1. Data Entry

 

The personal information that GameDuell requests upon registration is to be fully and accurately completed, including a valid E-mail address, username, password, first and last name, date of birth, address, bank information (when applicable), mobile phone number and home telephone number (if available), as well as data from your ID or Passport (when applicable). No user is entitled to a particular password or username. Age verification can be automatically carried out upon completion of registration based on the information entered. Please take note of the following Privacy Policy; GameDuell reserves the right to appeal the contractual agreement, end a Player's Membership on GameDuell, and withhold any prize money or cancel any account withdrawal in the event that false data is entered. If a user does not inform GameDuell of changes in his personal information, then GameDuell will continue to use the latest information available and the user will bear any problems arising therefrom.

 

1.7.2. Modifying Personal Data

 

If a Member's personal data changes after registration, then he must immediately update, change, or notify GameDuell of the changes. E-mails may be sent to terms@remove-this.gameduell.co.uk.

 

1.7.3. Privacy Policy

 

We hold data protection guidelines, especially those outlined in the German Data Protection Law (“BDSG”), with utmost respect. The German Telemedia Act (“TMG”) is in place to regulate the collection, processing, and use of personal data by teleservice providers. In accordance with the regulations outlined in the TMG, we may only collect, process, and use personal data for which we have been granted legal permission to, for which we have received consent to, or for which is needed for initiating a contractual relationship and is necessary for billing purposes. The use of your personal data shall take place regularly in order to facilitate the administration of the Website, enable you to play the games, correspond with you in relation to the playing of those games and your account, to alert you to any new games that we think might be of interest to you, to alert you to any changes to these terms and conditions and in order to execute and bill you for teleservices offered.

 

1.7.4. Revocation of Consent

 

In the event that we wish to use or process your personal data for any additional purposes, namely those for which we do not possess a legal permit, then we will acquire your consent. Consent can also be issued via electronic means. When this method is used, we will inform you within the scope of the services we offer. You are, of course, always free to revoke your consent to future use of your personal data. To do so, please send an E-mail to terms@remove-this.gameduell.co.uk.

 

In the event that you have registered with GameDuell via a media partner, then we will regularly ask for your consent to allow us to pass your personal data on to the applicable partner for the purposes of billing and advertising. If you would like to revoke your consent, please send an E-mail to terms@remove-this.gameduell.co.uk.

 

1.7.5. Cookies and Analysis Mechanisms

 

To perform our services to a standard which meets full customer satisfaction, we will utilize cookies and other mechanisms which enable us to analyze user behaviour. This will be done anonymously using techniques which present no possible means of tracing the collected data back to the user from which it was derived. This data will be used to analyze and optimize our services. The data will be temporarily saved until an anonymous analysis has been compiled. Afterwards, the collected data will be permanently deleted.

 

1.7.6. Pseudonym-Based User Profiles

 

Unless you revoke your consent, we are permitted to use your usage data for advertising, market research, and as seen fit to create user profiles under a pseudonym-based username within the scope of our services offered. If you wish for your usage data not to be used in such a manner, then please send an E-mail to terms@remove-this.gameduell.co.uk.

 

1.7.7. Security Standards

 

We, or a partner company, will use security measures and mechanisms (such as SSL encryption, cryptography), chosen in regard to present technological capabilities, in order to offer our services in a form which is secured as best possible against access and manipulation by third-parties.

 

In the event that you are forwarded to a separate service provider while using our services, we will inform you before you are forwarded.

 

You may use our services via a pseudonym-based username provided that such pseudonym is to preserve your anonymity to other users of the Website only and does not prevent or hinder us from knowing your identity in accordance with the terms hereof.

 

1.7.8. Disclosure

 

If you have any questions then we would be pleased to provide more detailed information regarding your personal data. If you would like to be informed of exactly what personal data we possess, then please contact our customer service. You will then receive a detailed reply in a reasonable amount of time.

 

1.8. Cancellation / Contract Duration and Termination

 

1.8.1. Member's Right to Cancellation

 

You can find all the details on the member’s cancellation right here: Right of Withdrawal

 

1.8.2. Member's Right to Termination

 

A Member can terminate his user license agreement at any time during the course of participation. All that is required to terminate this user license agreement is a written announcement sent to Taubenstraße 24-25, D-10117 Berlin, Germany, or an E-mail to terms@gameduell.co.uk. The remaining funds on the Member's Player Account will be transferred to his bank account within a processing period of up to 30 workdays. If his bank information is unknown, then the general conditions under section 3.2.2 of these terms and conditions will be exercised. In accordance with section 3.2.2, withdrawals can only be executed when the sum equals 1,000 G£ (GD currency) or more. If the user's Player Account contains less than 1,000 G£ (GD currency) of funds, then they will be forfeited upon termination without substitution.

 

1.8.3. GameDuell's Right to Termination

 

Under normal circumstances, GameDuell has the right to terminate a user's license agreement in the fortnight period before the end of the current month. In lieu of this, GameDuell shall retain the right to terminate and deactivate user accounts for substantial reasons.

 

1.9. Liability and Corrective Action for Money Games

 

1.9.1. Limitation of Liability

 

GameDuell is not liable for loss, damage, or injury caused by access, use, or attempted access or use of the Website. GameDuell is also not liable for any loss, damage or injury caused by downloading any data from the Website or for information obtained in any other way from GameDuell unless the problems can be attributed to wanton neglect or purposeful breach of duty on the part of GameDuell. GameDuell shall only be held liable for its vicarious agents and/or legal representatives who have acted with wanton negligence or purposeful breach of duty and as long as no material contractual obligations have been violated by GameDuell, its vicarious agents and/or legal representatives. Damage resulting from injury to life, body or health shall not be affected.

 

1.9.2. Errors

 

GameDuell is not liable for errors in data entry, transmission, and/or scores, as GameDuell has no influence over these problems.

 

1.9.3. Erroneous Data Entry

 

GameDuell reserves the right to retroactively amend obvious errors in the specification of entry fees, prices, quotes, etc.

 

1.9.4. Abuse

 

GameDuell is not liable for any damages of any kind that are caused due to a Member's misuse of GameDuell services, which include all resulting losses by any third parties.

 

1.9.5. Premature Closing

 

If GameDuell is forced to close a Duel (as hereafter defined) prematurely, then the participating Members can have their entry fees refunded and credited to their Player Accounts. GameDuell is not liable for any collateral or consequential damages.

 

1.9.6. Prizes

 

GameDuell is not liable for lost winnings or potential winnings, not even in the case of prematurely closed duels or tournaments.

 

1.9.7. Accountability for Content

 

GameDuell shall be accountable for the content that it makes available. GameDuell cannot be held accountable for offers from third-parties for which we only offer access (such as via links). We expressly call to your attention that we cannot be held liable for any content on third-party websites for which we offer links.

 

1.10. Notification of Amendments to These Terms and Conditions

 

1.10.1. Notification

 

All declarations that are conducted within the context of the GameDuell license agreement must be made in written form or via E-mail. The GameDuell E-mail address is terms@remove-this.gameduell.co.uk.

 

1.10.2. Terms and Conditions Revisions

 

GameDuell reserves the right to revise these terms and conditions at any time without reason. In such an event, GameDuell will send an email containing the revised terms and conditions, or a notification containing a link to where they can be viewed on the Website, a fortnight before they come into effect. GameDuell may also send notice of the revisions using the GameDuell messaging service. If a Player does not expressly object to the validity of the new terms and conditions via E-mail within this fortnight, then the newly revised terms and conditions will be considered agreed upon. If a Player rejects the newly revised terms and conditions, then GameDuell may terminate his license agreement in accordance with section 1.8.3.

 

1.11. Severability

 

If any section of these terms and agreements is deemed invalid, then the remaining sections and agreements will remain valid and enforceable. If this is the case, the most similar provision possible shall be added at our economic convenience, which shall make the illegal, invalid, or unenforceable provisions legal, valid and enforceable.

 

1.12. Applicable

 

Law These terms and conditions are covered by the laws governing the Federal Republic of Germany, whose courts (shall) have exclusive jurisdiction.

 

1.13. Areas of Use

 

GameDuell only offers its services in the countries that are selectable during registration. In the event that a Player enters false information regarding his residence, then GameDuell may exercise its right of avoidance with regard to the user contract.

 

1.14. Skill Games on the Internet

 

GameDuell Members are solely responsible for following all applicable laws in their country and/or state. In the event that a Member acts illegally by using the Website despite local legislation limits on or prohibition of such use, then no user contract shall take effect. If you are unsure of whether GameDuell's services are legally permitted in your area, then seek legal advice before registration. GameDuell cannot be held accountable for legal matters arising from laws in your area, and will cooperate with local government agencies of the area if necessary.

 

2. Additional rules for Practice-Players

 

2.1. Gaming Money

 

Upon registration as a Practice Player, GameDuell will credit your Player Account with gaming money. The amount of gaming money you will receive and the time frame within which you may use it to enter duels will depend upon the method you use to register at GameDuell. Your gaming money will expire at the latest six months after registration.

 

2.2. Practice Player Account

 

GameDuell maintains a Player Account with gaming money, which is fictitious money, for Practice Players. Practice Players are not entitled to the withdrawal of gaming money. Gaming money can be used exclusively for entering Duels (as hereafter defined) within the Practice Player area of GameDuell.

 

2.3. Termination of the Practice Player Contract

 

Your Practice Player contract will end the moment you register as a Money Player, when you have used all of your gaming money, or at the latest when your gaming money expires in accordance with section 2.1.

 

2.4. Additional Information

 

Information about games, game rules, and further agreements for Practice Players can be found on the Websites Help-Pages.

 

3. Additional rules for Money-Players

 

3.1. Registration

 

3.1.1. Registration as a Money Player

 

Participation as a Money Player requires submitting certain personal information, as well as depositing at least 10.00 £, the currently used currency in the United Kingdom, in real funds onto your account.

 

3.1.2. Age Verification

 

Only contractually capable, natural persons are allowed to register as Money Players. Persons under the age of 18 are not permitted to participate in the games of skill on the Website in which you have the chance to win money. In order to comply with youth protection regulations, GameDuell reserves the right to execute a verification of age. Age verification can be automatically carried out upon completion of registration, based on the information entered. If the registering individual is not in possession of a valid ID that was issued by the Federal Republic of Germany, then GameDuell will do its best to determine another equally valid form of age verification.

 

3.1.3. Limitation of Participation

 

Employees and staff members of GameDuell and their associate companies are not eligible to participate in contests offered on GameDuell. They may, however, participate in games for testing purposes, but without the intent to achieve any personal gain or profit for GameDuell.

 

3.2. Player Accounts

 

3.2.1. Money Players

 

GameDuell maintains for Money Players registered outside of the Eurozone a Player Account with the GD currency “G£” (where “the Eurozone” is the Member States of the European Union that have the Euro as their legal currency and the “G£ (GD currency)” is an artificial currency specifically created by GameDuell and in which it claims all rights). The Player Account is opened free of charge the moment that GameDuell has received payment and the user has completed a Money Player registration. For Money Players registered outside the Eurozone, the initial deposit, and all subsequent deposits will be exchanged into G£ (GD currency) in accordance with the most up-to-date exchange rate (exchanging from real money in the local currency into G£ (GD currency)) and will be displayed as such on the Player Account. GameDuell manages Players' prize money and losses on this non-interest bearing Player Account. Deposited funds, and their equivalents in G£ (GD currency), can be used exclusively to play games at GameDuell, and to cover GameDuell fees and commission. Deposited funds can be withdrawn in accordance with sections 3.2.2 through 3.2.6.

 

3.2.2. Withdrawal

 

Money Players are granted the right to withdraw their account balance, or any portion of it, twice a month as long as the amount to be withdrawn is at least 1,000 G£ (GD currency) and the first withdrawal as a Money Player was executed at least six weeks prior to the current withdrawal. The requested withdrawal amount will be processed by GameDuell and then transferred to PayPal, thus discharging GameDuell's corresponding debt. In order for the money to be credited to a bank account, customers are required to register with PayPal. Any incurred fees will be paid by the Member. GameDuell is not obligated to verify the authorization of the account holder. The withdrawal shall be carried out at the earliest a fortnight after the request is processed. Bonuses (such as first-deposit bonuses), payments deposited exclusively for use as entry fees, and other specialty payment methods (such as 'PayPal') that GameDuell provides cannot be withdrawn. In cases such as these, the user will be notified that the corresponding funds cannot be withdrawn and can be used exclusively to pay entry fees.

 

3.2.3. Accumulated Winnings

 

If the total amount of winnings accumulated on a Money Player Account exceeds the sum of 100,000 G£ (GD currency) then GameDuell will immediately transfer the funds that are over this limit onto one of the bank accounts specified by the Member upon registration. These funds shall be transferred in full satisfaction of this debt. GameDuell reserves the right to raise or lower this limit at any time and without giving a reason. The withdrawal is carried out in accordance with the conditions listed in sections 3.2.2 and 3.3.4.

 

3.2.4. Proof of Identity

 

For security reasons, GameDuell is authorized to withhold funds until proof of identity can be confirmed. In cases such as these, the user shall be obligated to send a copy his personal ID or passport, along with a written request to withdraw the funds, including his bank information.

 

3.2.5. Deletion of Money Player Accounts

 

Money Player Accounts will be deleted at our sole discretion and without any notification of reason once a period of 2 years has passed since the last login or when the contract is terminated. The GameDuell service agreement shall be severed along with the deletion of the Player Account. If the Member replies with bank account information that does not deviate from what was previously submitted, then funds on the account in question, if any, will be transferred to the last bank account that was associated with that Member's Player Account. If a Player Account is deleted due to substantial reasons, then GameDuell shall reserve the right to withhold funds for the purpose of compensation for GameDuell or third-parties, or as punishment for a breach of contract.

 

3.2.6. Limitation of Claim

 

If a withdrawal is not possible, then GameDuell shall deposit the funds onto a non-interest bearing collective account where they will remain for a period of three years. The entitlement to withdrawal will become invalid after three years. That limitation of claim will begin at the end of the year in which the Player Account is deleted. GameDuell regularly contributes to charities when funds cannot be withdrawn because the statute of limitation is exceeded, when funds are surrendered because they cannot be withdrawn, or when contract punishments are incurred.

 

3.3. Entry Fees and Prizes

 

3.3.1. Entry Fees

 

Upon participation in a particular duel or tournament (“Duel”), the Player simultaneously and irrevocably authorizes GameDuell to deduct a fixed entry fee that is declared upon creation of the particular duel, as well as any additional fees incurred that are described in section 3.4.7 (“Duel entry fee” or “entry fee”) from his Player Account. Furthermore, GameDuell is also given authorization to accept commission generated for the particular Duel in accordance with section 3.4.7, as well as to pay out the winnings to the Player who won, or rather to accept the net profit from the loser, and to credit it to the winner's Player Account. The entry fee is due upon participation. The entry fee is real money. No entry fee is incurred for training duels in the Money Player section of GameDuell. Entry fees vary and are displayed before participation in a Duel. Upon beginning a Duel, the entry fee is deducted from the particular Member's Player Account. If sufficient funds are not available, then the Member cannot take part in the particular Duel. GameDuell reserves the right to limit entry fees including processing fees per Duel, either on an individual basis or for all.

 

3.3.2. Prize Money

 

The potential prize money is displayed at the beginning of each Duel save for in Duels with high, progressive winnings (such as jackpot duels) where the sum of the potential prize money is dependant upon the sum of participants and their frequency of participation.

 

3.3.3. Aborted Games

 

If a Player aborts a game, either purposefully or due to technical problems that cannot be attributed to GameDuell, then the score that was last transmitted to GameDuell will be counted as the result.

 

3.3.4. Withdrawing Prize Money

 

GameDuell reserves the right to withhold prize money amounting to more than 100,000 G£ (GD currency) until it can be personally handed over in our business office or some other place. This also includes money won through any special event. In such events, GameDuell reserves the right to withhold the money until a live test has been successfully completed.

 

3.4. Deposit and Fees

 

3.4.1. Deposits via Bank Transfer

 

Payments made via domestic bank transfer should be transferred to the bank account specified by GameDuell. The particular Player can only participate in duels and tournaments once the funds have been received. Along with payment, the Player submits a collateral security deposit via the depositing of funds of which GameDuell has a right to a commission, reimbursement of expenses, and compensation for damages.

 

3.4.2. Deposits via other Methods of Payment

 

GameDuell is revocably authorized, but not obligated, to accept payments via credit card, Direct Debit, and other forms of payment. Along with each Direct Debit that is set up, the user authorizes GameDuell to deduct the specified funds from the submitted bank account. The user irrevocably agrees that GameDuell may inform the user's financial institution (or any agency that is commissioned by GameDuell to collect any outstanding funds) of the user's complete name, date of birth, and address if the user's direct debit cannot be honored. Furthermore, the user agrees that his financial institution (or any agency that is commissioned by GameDuell to collect any outstanding funds) may be transferred GameDuell's information, which may also be saved for the purpose of processing the Direct Debit until the claim has been met.

 

3.4.3. Status of Payment

 

Funds, entry fees, and processing fees are considered to have been paid once they have been irrevocably credited to the GameDuell bank account and deducted from the Member's Player Account. The note to the payee in the bank transfer form should include only the reason of transfer specified by GameDuell. GameDuell takes care to ensure that all deposits are credited to the appropriate accounts as soon as possible. GameDuell is revocably authorized, though not required, to allow users to participate in duels and tournaments before we have received payment.

 

3.4.4. Additional Charges for Monetary Transactions

 

If a Member incurs any additional charges for a monetary transaction, especially in the case of a denied payment (such as denied transfer, denied credit card payment) or due to increased bank processing fees for transfers from foreign countries or into foreign countries (i.e.: withdrawal of winnings or account balance), then GameDuell is authorized to deduct these fees from the Player Account. GameDuell charges a fee of 8 £ per denied payment and 2 £ for each reminder of payment. The assertion of any further damages, namely those for the compensation of third party processing of the denied payment (such as collection agency and attorney costs) is always reserved. The Member agrees to assume all costs that may be attributed to him when funds credited to his account (such as cancellation of a direct debit, insufficient funds, of incorrectly submitted account information) are reversed. Furthermore, in cases such as this GameDuell is authorized to organize a collection agency in order to collect the outstanding bills, also including any that are incurred through the hiring of the collection agency.

 

3.4.5. Credit Report Review

 

GameDuell reserves the right to appropriately review a Member's credit report upon payment, and thus transmit the collected personal information (name, address, date of birth, amount to be deposited, including processing fees) to the credit agencies, InfoScore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden, Germany, SCHUFA Holding AG, Branch Office Berlin, Mariendorfer Damm 1-3, 12099 Berlin, Germany, and/or Informa Unternehmensberatung GmbH, Freiburger Str. 7, 75179 Pforzheim, Germany, who may save the information in order to review the Member's credit report based on statistical methods. GameDuell reserves the right to individually or generally limit the maximum entry fee (including processing fee) per duel or tournament and/or per day.

 

3.4.6. GameDuell Transaction and Inactivity Fees

 

GameDuell administration and Membership fees: GameDuell receives an administrative fee for the creation of games, as well as for maintaining Member and Player Accounts. The possible prize money displayed after selecting a duel and the entry fee reflect the net winnings after deduction of these administrative fees. If a Member plays less than 30 money duels within 6 months, then GameDuell may deduct a one-time inactivity fee of 4 £ from the Player Account for managing it. GameDuell receives a general processing fee of 1.50 £ for each withdrawal from a Player Account. Furthermore, the individual who is to receive the withdrawn funds shall pay any additional bank processing fees for foreign bank transfers in full. GameDuell receives a general processing fee of 2 £ for terminating a Player Account.

 

3.4.7. Offsetting Costs with Player Account Funds 

 

The funds on a particular player's account are directly used to offset costs or profits caused by that user's winnings, entry fees and processing fees. If this results in a Player Account being insufficiently funded for any reason whatsoever, then the Player is obligated to immediately settle payment and deposit at least 10 £ on his Player Account.

 

3.5. Fundamental Rules of Use and the Interdiction of Abuse

 

3.5.1. Abuse

 

Abusive behavior on GameDuell is prohibited. Abuse behavior includes, but is not limited to:

 

  • purposely entering faulty, misleading, incorrect, or incomplete information;
  • opening multiple Player Accounts or opening Player Accounts without proper authorization;
  • committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website, help a user achieve better results than could be achieved through the sole use of a mouse/keyboard, help the user to achieve a score that is not possible by following the game controls described by GameDuell, or negatively influence another Player's game controls;
  • purposely causing an interruption or error in order to influence a game, such as to cause the game to prematurely end;
  • achieving or attempting to achieve an advantage over other Players through unfair behavior of any kind, such as through deception, which could damage or endanger a fair competition;
  • cooperating with other Members in a way that could create an advantage over novice users and thus diminish their opportunity for fair play and reduce their chances of winning.
  • breaking any further rules or duties that are detailed in the general terms and conditions.


3.5.2. Rules for Communication

 

It is possible for Members to contact each other, for reasons such as challenging each other to duels. In doing so, they are obligated to only send messages that:

 

  • are free of obvious or hidden advertisement;
  • are neither subjective, intentionally false, derogatory, defamatory, immoral, nor pornographic in nature nor fulfill any other element of offense;
  • are not damaging to any third parties;
  • do not contain any viruses or computer programmes that could affect the function of external computers;
  • are not surveys or chain letters;
  • were not written with the intent to expand a certain political, ideological, or religious denomination;
  • were not written with the intent to collect, save, or use personal information from users without their explicit consent, especially for promotional purposes;

 

3.5.3. Consequences of Abuse

 

GameDuell is authorized to close and/or delete Player Accounts and end this contractual agreement without notice in cases of abusive behavior or the suspicion of abuse, especially those detailed in section 3.5.1 and 3.5.2. If this occurs, then games which have already begun will be aborted and the results will not be evaluated. The applicable Player must then compensate GameDuell for problems arising therefrom. Furthermore, if the Player Account is blocked or terminated then the Player is obligated to pay a contract penalty to GameDuell. The contract penalty shall be the average turnover profit that the Player generated per month for the last three months before the contract penalty. If the contractual relationship has existed for less than three months, then the average will be taken from the full duration of contract. GameDuell reserves the right to demand an increased compensation for damages, though the Player may refute this claim and prove he should be obligated to pay less or no compensation for damages. GameDuell reserves the right to withhold funds from the abusive Player's account in compensation for damages to GameDuell or third-parties, as well as to pay for contract penalty.

 

3.5.4. Measures against Abuse

 

In accordance with section 3.5.2., GameDuell reserves the right to block or delete user accounts, and release information to legal courts and government agencies in the event of abusive content, statements, etc. Furthermore, GameDuell reserves the right to file a report with the police.

 

3.5.5. Reporting Problems

 

All problems encountered during the use of our services, including those with regard to games, Player Accounts, etc., can be reported to GameDuell of when the problem is encountered. GameDuell deletes usage data after use, and after 90 days in accordance with data protection regulations. Because of this, problems and errors can then no longer be reviewed.

 

3.5.6. Posts / Comments

 

GameDuell is granted the unlimited right of usage in terms of space and time for all posts submitted on the GameDuell user forum, or other information submitted to GameDuell using the provided mechanisms for such including photographs, game comments, suggestions, etc. The user is not entitled to compensation for such.

 

3.5.7. Public Relations

 

As a Money Player, you consent to the use of your username, photographs and recordings to be displayed along with the amount of prize money you have won for the purpose of advertisement, press releases, release in printed media, radio, television, Internet, and otherwise be publicly made available, used, and duplicated if you win a jackpot, prize of the month/year, special prize, or win more than 100,000 G£ (GD currency) in a single month. In the event of live or webcam games or tournament events, then you also consent to the publication and duplication of this data, recordings, and photographs for the purpose of press releases, advertisement, publications, public access, utilization and duplication. You have no right to compensation for such use of this data.

 

4. Special Provisions for Players outside of the Euro Zone

 

4.1. Area of Application

 

These special provisions govern the use of the GameDuell services for all Players permanently residing outside of the Eurozone and are valid in addition to the special rules for Money Players.

 

4.2. Registration

 

Participation as a Money Player requires that certain information is entered during registration and a deposit of real money in the sum of an equivalent of at least 500 of G£ (GD currency).

 

4.3. Player Account

 

4.3.1. Money Players

 

GameDuell maintains a Player Account in G£ (GD currency). It is opened free of charge the moment GameDuell has received payment and the user has completed a Money Player registration which has been accepted by GameDuell. The initial deposit and all subsequent deposits will be exchanged for G£ (GD currency) in accordance with the most up-to-date exchange rate (GameDuell exchange rate from real money in the local currency for G£ (GD currency)) and will be displayed as such on the players' account. GameDuell manages Players' prize money and losses on this non-interest bearing Player Account. Deposited funds can be used exclusively to play games at GameDuell, and to cover GameDuell fees and commission. Deposited funds can be withdrawn in accordance with sections 4.3.2 and 4.3.3 as well as 3.2.4, 3.2.5 and 3.2.6.

 

4.3.2. Withdrawal

 

Money Players are granted the right to withdraw their account balance, or any portion of it, twice a month as long as the amount to be withdrawn is at least 1,000 G£ (GD currency) and the first withdrawal as a Money Player was executed at least six weeks prior to the current withdrawal. The requested withdrawal amount will be processed by GameDuell and then transferred to PayPal, thus discharging GameDuell's corresponding debt. In order for the money to be credited to a bank account, customers are required to register with PayPal. Any incurred fees will be paid by the Member. GameDuell is not obligated to verify the authorization of the account holder. The withdrawal shall be carried out at the earliest a fortnight after the request is processed. Bonuses (such as first-deposit bonuses), payments deposited exclusively for use as entry fees, and other specialty payment methods (such as 'PayPal') that GameDuell provides cannot be withdrawn. In cases such as these, the user will be notified that the corresponding funds cannot be withdrawn and can be used exclusively to pay entry fees.

 

4.3.3. Accumulated Winnings

 

If the total amount of winnings accumulated on a Money Player Account exceeds the sum of 100,000 of G£ (GD currency) then GameDuell will immediately transfer the equivalent of the funds that are over this limit according to the current exchange rate onto one of the bank accounts specified by the Member upon registration or via the payment service “PayPal”. These funds shall be transferred in full satisfaction of this debt. GameDuell reserves the right to raise or lower this limit at any time and without giving a reason. The withdrawal is carried out in accordance with the conditions listed in sections 4.3.2 and 4.3.3, as well as 3.2.4 and 3.2.6.

 

4.4. Entry Fees and Prizes

 

4.4.1. Entry Fees

 

Upon participation in a particular duel or tournament (“Duel”), the Player simultaneously and irrevocably authorizes GameDuell to deduct a fixed entry fee in the amount of G£ (GD currency) that is declared upon creation of the particular Duel, as well as any additional fees incurred that are described in section 3.4.7 (“Duel entry fee” or “entry fee”) from his Player Account. Furthermore, GameDuell is also given authorization to deduct commission generated for the particular Duel in accordance with section 3.4.7, as well as to pay out the winnings to the Player who wins, or rather to accept the net profit from the loser, and to credit it to the winner's Player Account. The entry fee is due upon participation. The entry fee is not real money, but rather is in G£ (GD currency) which has been exchanged at the current exchange rate. No entry fee is incurred for training duels in the Money Player section of GameDuell. Entry fees vary and are displayed before participation in a Duel in G£ (GD currency). Upon beginning a Duel, the entry fee is deducted from the particular Member's Player Account. If sufficient funds are not available, then the Member cannot take part in Duels requiring an entry fee in G£ (GD currency). GameDuell reserves the right to limit entry fees including processing fees per Duel, either on an individual basis or for all.

 

4.4.2. Withdrawing Prize Money

 

GameDuell reserves the right to withhold prize money amounting to more than 100,000 G£ (GD currency) until it can be personally handed over in our business office or an alternate location. This includes money won through any special event. In such events, GameDuell reserves the right to withhold the money until a live test has been successfully completed.

 

4.5. Deposits and Fees

 

4.5.1. Status of Payment

 

Funds, entry fees, and processing fees are considered to have been paid once they have been irrevocably credited to the GameDuell bank account and deducted from the Member's Player Account in accordance with the current GD currency exchange rate. The note to payee in the bank transfer form should include only the reason of transfer specified by GameDuell. GameDuell takes care to ensure that all deposits are credited to the appropriate accounts as soon as possible. GameDuell at its sole discretion can revocably authorize users to participate in Duels before we have received payment.

 

4.5.2. Additional Charges for Monetary Transactions

 

If a Member incurs any additional charges for a monetary transaction, especially in the case of a denied payment (such as denied transfer, denied credit card payment) or due to increased bank processing fees for transfers from foreign countries or into foreign countries (i.e.: withdrawal of winnings or account balance), then GameDuell is authorized to deduct these fees from the Player Account. GameDuell charges a fee of 1200 G£ (GD currency) for each denied payment and 350 G£ (GD currency) for each reminder of payment. The assertion of any further damages, namely those for the compensation of third party processing of the denied payment (such as collection agency and attorney costs) is always reserved. The Member agrees to assume all costs that may be attributed to him when funds credited to his account are reversed (such as cancellation of a direct debit, insufficient funds, of incorrectly submitted account information). Furthermore, in cases such as this GameDuell is authorized to hire a collection agency in order to collect the outstanding bills, also including any that are incurred through the hiring of the collection agency.

 

4.5.3. GameDuell Transaction and Inactivity Fees

 

GameDuell withholds an administrative fee for the creation of games and maintaining Member and Player Accounts. The potential prize money displayed after selecting which type of duel and the entry fee reflect the net winnings after deduction of these administrative fees. If a Member plays less than 30 money duels within 6 months, then GameDuell may deduct a one-time inactivity fee of 600 G£ (GD currency) from the Player Account for managing it. GameDuell receives a general processing fee of £1.50 for each withdrawal from a Player Account. Furthermore, any individual who withdraws funds shall pay any additional bank processing fees for foreign bank transfers in full. GameDuell receives a general processing fee of 300 G£ (GD currency) for terminating a Player Account.

 

4.5.4. Offsetting Costs with Player Account Funds

 

The funds on a particular Player's account are directly used to offset costs or profits caused by that user's winnings, entry fees and processing fees. If this results in a Player Account being insufficiently funded for any reason whatsoever, then the Player is obligated to immediately settle payment and deposit an equivalent of up to 1000 G£ (GD currency). GameDuell without prejudice to its other rights and remedies against the Player reserves the right in these circumstances to suspend the Player's account and prevent access to the Website until and unless the Player deposits the funds in accordance with the above.

 

 

Please direct all complaints, problems, and comments in written form to GameDuell GmbH, Taubenstraße 24-25, D-10117 Berlin, Germany or send us an E-mail at terms@remove-this.gameduell.co.uk.

 

Berlin 2012 - GameDuell 2012 - Terms and Conditions Revision from 01/16/2012